Question
read the facts then answer the following questions. Mario seeks your advice as to: a) Who does he have a contract with? b) Who (if
read the facts then answer the following questions. Mario seeks your advice as to: a) Who does he have a contract with? b) Who (if anyone) is in breach of contract? c) How much damages (money) can Mario successfully claim under contract law? d) Can he claim damages under contract law for loss of happiness and enjoyment? e) In which court should Mario sue in? Facts Mario is the youngest of eight brothers. Mario's daughter Des is to marry. Mario tells Des "I want you to have the biggest and best wedding of all your cousins." Des approaches Sydney Luxury Foods Pty. Ltd. at Strathfield and speaks to Dave Sands an employee. Des orders a 4 course menu for 400 people and all drinks for $70,000. She informs Dave she is acting on behalf of her father Mario. Des and her fianc Desperado approach Strathfield Hall Limited. This company owns a large Reception Hall at Strathfield which comfortably seats 450 guests with a good dance hall and excellent kitchen facilities. Des requests a booking on behalf of Mario for Saturday 5.00 pm to midnight on 30 November 2018. Andreas, who is an employee of Strathfield Hall Limited, takes the booking. Andreas's English is very limited. Andreas has mistakenly booked the wedding for Saturday, 7 December 2018 instead of 30 November 2018. Des pays the $20,000 fee for the Hall in cash provided by Mario. The receipt written by Andreas is in Mario's name and specifies the date 30/11/2018. The Hall has already been booked for 30 November 2018 for a big Greek wedding. This was unknown to Des. Mario hires the Fergie Big Brass Jazz band for $10,000 for the wedding. At the wedding ceremony Dave Sands informs Mario the hall has been double booked. Andreas has refused him access to the hall at Strathfield. Dave says he has only used enough ice to keep the food cool from his premises to the Church reception Hall in Strathfield. The prawns and meat needed to be eaten now. Mario becomes very emotional. Father Terry, Mario's priest at the wedding, offers Mario his local school hall for free. The school hall only seats 150. The School Hall does not have kitchen facilities. Dave Sands serves a first course of melted vanilla almond ice cream and prawns. The only drinks Dave can serve are warm beer and children's cordial. Dave cannot use the fish because it has begun to smell. Fergie's Big Brass Jazz Band cannot fit into the hall. The band play outside attracting a crowd of over 500 people who drink the warm beer that was part of Sydney Luxury Foods Ltd stock charged to Mario. As Des does her bridal waltz Des slips and falls onto the wedding cake. The crowd listening to the jazz band outside are drunk and throw empty beer cans at Des and her new husband Desperado as they run away to escape. Mario wants $1,000,000 for personal loss and humiliation. He has refused to pay Sydney Luxury Foods Ltd.'s invoice for $42,000 plus GST. Mario has become seriously depressed. He cannot work and loses $50000 in lost income.
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