TASK - PLEASE ASSESS THE ABOVE INFORMATION AND FIND ALL LEGAL ISSUES RELATION TO CONTRACTUAL OBLIGATIONS TO FORM A MEMORANDUM.( you do not need to made a memorandum, just locate the legal issues)

Please provide case law to support your legal issues.

Scenario - Second Hand Rose would like clarity in relation to the contractual effect of a number of emails concerning a transaction between them and a company they engaged to restore the deck of their beer garden, Coastal Deck Co.

- Daisy did not read the terms and conditions that Leo attached in his email.

- Daisy did not clean or sweep the deck before Coastal Decking Co arrived.

Workers from Coastal Decking Co arrived on the morning of 25 August and used a power hose to clean the deck. Many of the decking boards disintegrated under the pressure. The deck can't presently be used as it presents a risk to patrons.

Coastal Decking Co applied the sealant before the deck was completely dry, resulting in a number of ugly whitish patches.

At the end of the day, Daisy was shocked by the amount on the invoice. She is a small woman and felt intimidated by the workers who refused to leave until she paid the entire amount through Coastal Decking Co's eftpos machine, so she paid the entire amount of the invoice.

COPY OF EMAIL CHAIN FOR YOUR REFERENCE!

SecondHand Rose &..8@gmail.com> Wed, Aug 24, 2022 at 4:50 PM

To: c..o@gmail.com

Hi Team,

I was browsing through your website and see that you offer a 'deck refresh'. Our beer garden deck is looking scruffy. It

is 50 square metres. Can you do us a deal?

Daisy

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Coastal Decking Co &..o@gmail.com> Wed, Aug 24, 2022 at 4:55 PM

To: SecondHand Rose &..8@gmail.com>

Hi Daisy

We can offer you a competitive price of $1500. You will find you won't get a cheaper price anywhere else in

Melbourne!

Leo

[Quoted text hidden]

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SecondHand Rose &..8@gmail.com> Wed, Aug 24, 2022 at 4:57 PM

To: Coastal Decking Co &..o@gmail.com>

That sounds good, I would like to get a few more quotes before I accept your offer.

[Quoted text hidden]

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Coastal Decking Co &..o@gmail.com> Wed, Aug 24, 2022 at 5:01 PM

To: SecondHand Rose &..8@gmail.com>

We do standout job of removing previous coatings. We also apply our proprietary sealant.

Its worth your while to add a few years to the life of your deck

[Quoted text hidden]

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SecondHand Rose &..8@gmail.com> Wed, Aug 24, 2022 at 5:02 PM

To: Coastal Decking Co &..o@gmail.com>

Oh, you have convinced me - I accept your offer! When can you do it?

[Quoted text hidden]

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Coastal Decking Co &..o@gmail.com> Wed, Aug 24, 2022 at 5:23 PM

To: SecondHand Rose &..8@gmail.com>

Hi Daisy,

You are lucky - we have just had a cancellation and I have booked you in for tomorrow!

I am attaching the technical details for you to see what a great service we offer.

Let me know if you have any questions - see you soon!

Leo

[Quoted text hidden]

The Coastal Decking Co Terms and Conditions:

1. The customer must remove all debris and clean the deck before work commences.
2. Removal of previous coatings will incur additional costs to the customer than the quoted 'refresh' rate.
3. A deck 'refresh' comprises cleaning the deck with a pressure water hose.
4. The Coastal Decking Company is not liable for damage caused to weak or rotting boards, through any means whatsoever.
5. The application of our proprietary sealant incurs an additional cost of $30 per square metre.
6. Our propietary sealant may not be suitable for previously coated decks.
7. The customer must pay the full price on the day of completion of the refresh.
8. The Coastal Decking Company does not guarantee the final appearance will resemble sample pictures on its website.
9. The customer agrees to provide a positive review on the 'Trust a Tradie' website on completion of the work.

Gmail - Repair deck https://mail.google.com/mail/u/0/?ik=7ed34c1d30&view=pt&search=a...

1 of 2 24/08/2022, 5:34 pm

57K

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SecondHand Rose &..8@gmail.com> Wed, Aug 24, 2022 at 5:26 PM

To: Coastal Decking Co &..o@gmail.com>

We are at 366 High Street Northcote.

Daisy

[Quoted text hidden

...................................................................END OF EMAIL CHAIN..................................................................

Copy of Invoice

GST INVOICE - SECOND HAND ROSE

1. Deck Clean and Sweep: $500
2. Chemical Removal of Previous Sealant: $1500
3. Deck Refresh: $1500
4. Seal Deck: $1500

TOTAL: $5500 (Inclusive of GST)

Thank you for your business! Don't forget to post your review on TrustaTradie.com, as per our Terms and Conditions.