To

Jane Carter, Graduate Lawyer

From

Ms Coco Rivers

Partner

Memorandum of Advice- Our Client, Second Hand Rose

Dear Jane,

Congratulations on achieving a graduate legal internship at Birdwood and Spangle.

I have recently consulted with a new client, Second Hand Rose. Our client conducts a business whereby they hire out designer garments. These are exclusive one-off creations. It is a business of great potential and its important we advise them correctly. Second Hand Rose would like clarity in relation to the contractual effect of a number of communications concerning transactions between themselves and three of their customers. The customers are Annabelle Day, Petal Verde and Daisy Doolittle.

I am therefore tasking you with reviewing all the communications between Second Hand Rose and these customers and then providing me with a written memorandum of legal advice containing your analysis.

I have attached relevant information gathered from my interview with our client.Please pay attention to the timeline of events.

Please provide me with your memorandum, referring to relevant case law by 4 September at the latest. It is not necessary to refer to legislation.

Secondhand Rose Annabelle Day Email Chain.pdf - Adobe Acrobat Reader DC (64-bit) X File Edit View Sign Window Help Home Tools Secondhand Rose ... Secondhand Rose ... x Secondhand Rose ... (? A Sign In 1 /2 A Day at me naves: 3 messages SecondHand Rose 3 August 2022 at 14:40 Lo To: secondhandrose888@gmail.com Bcc: dayanabelle5@gmail.com Good morning Ladies . Spring is just around the corner! In addition to all our usual amazing designer garments that are available for you to hire, I wanted to alert you to three new additions to our stock that would be perfect for Melbourne's Spring Racing Carnival $ $ 2 You can find all our current stock of designer dresses on our website, however, I am sending you the chance to get in early and book these new arrivals ...all three are size twelve. Kentucky Dress: 1 + 85.F P ENG 10:46 AM Cloudy US 9/2/2022 2Secondhand Rose Annabelle Day Email Chain.pdf - Adobe Acrobat Reader DC (64-bit) X File Edit View Sign Window Help Home Tools Secondhand Rose ... Secondhand Rose ... x Secondhand Rose ... (? A Sign In 2 /2 Miquail Anabelle Day 3 August 2022 at 14:42 To: SecondHand Rose Hi Miquail, Hi Ricardo, You read my mind! I was just starting to plan my outfits for Spring Racing. I would like to try on the Derby Dress - is your Express One Hour Delivery Service available still for local customers? You have my address on file. Cheers Annabelle [Quoted text hidden] SecondHand Rose 3 August 2022 at 14:44 To: Anabelle Day Hi Annabelle, Excellent choice, it will really suit you. I have dispatched it and you should receive it by 3.30 pm today. Let me know asap if it suits, because I think there will be considerable demand ... Miquail [Quoted text hidden] 1 + 85.F ENG 10:46 AM W Cloudy OLDBO X P US 9/2/2022 2Secondhand Rose Daisy Doolittle Email Chain.pdf - Adobe Acrobat Reader DC (64-bit) X File Edit View Sign Window Help Home Tools Secondhand Rose ... Secondhand Rose ... Secondhand Rose ... (? A Sign In 1 / 2 Bad Reviews 8 messages SecondHand Rose 3 August 2022 at 14:54 To: Daisy Doolittle Hi Daisy, I am reaching out to you to express our disappointment at the negative reviews you keep leaving us. They really are not true and don't reflect our commitment to our customers. Nevertheless, I am willing to give you five free dress rentals if you delete the reviews. All the best Miquail Daisy Doolittle 3 August 2022 at 14:58 To: SecondHand Rose Hi Miquail, That is very generous. I have deleted the reviews. 1 + 85.F ENG 10:46 AM Cloudy W X P US 9/2/2022 2Secondhand Rose Daisy Doolittle Email Chain.pdf - Adobe Acrobat Reader DC (64-bit) X File Edit View Sign Window Help Home Tools Secondhand Rose ... Secondhand Rose ... Secondhand Rose ... ? A Sign In 1 / 2 Daisy Doolittle 3 August 2022 at 14:58 To: SecondHand Rose Hi Miquail, That is very generous. I have deleted the reviews. I have a hen's night coming up. Do you have a set of five dresses, can be different colours? [Quoted text hidden] SecondHand Rose 3 August 2022 at 15:01 To: Daisy Doolittle Yes, check the website for the Rainbow Daze set. When? [Quoted text hidden] Daisy Doolittle 3 August 2022 at 15:08 To: SecondHand Rose The Rainbow Daze set looks good. Date is 17 September. I am getting married on 24 June 2023. How much for the Nights in White Satin wedding gown? 1 + 85.F W P ENG 10:46 AM Cloudy US 9/2/2022 2Secondhand Rose Daisy Doolittle Email Chain.pdf - Adobe Acrobat Reader DC (64-bit) X File Edit View Sign Window Help Home Tools Secondhand Rose ... Secondhand Rose ... Secondhand Rose ... A Sign In 1 / 2 SecondHand Rose 3 August 2022 at 15:10 To: Daisy Doolittle That will be $500, including delivery and drycleaning. OE [Quoted text hidden] Daisy Doolittle 3 August 2022 at 15:11 To: SecondHand Rose I have paid $500 through your website. [Quoted text hidden] SecondHand Rose 3 August 2022 at 15:13 To: Daisy Doolittle https://mail.google.com/mail/u/0/?ik=Ofd608c4fd&view=pt&search=all&permthid=thread-f%3A1740114493828273305&simpl=msg-f%3A17401144... 1/2 La 8/3/22, 3:45 PM Gmail - Bad Reviews The wedding dress is booked in for 24 June 2023. 85F W ENG 10:46 AM Cloudy E X P US 9/2/2022 2Secondhand Rose Daisy Doolittle Email Chain.pdf - Adobe Acrobat Reader DC (64-bit) X File Edit View Sign Window Help Home Tools Secondhand Rose ... Secondhand Rose ... Secondhand Rose ... (? A Sign In 2 /2 SecondHand Rose 3 August 2022 at 15:13 To: Daisy Doolittle https://mail.google.com/mail/u/0/?ik=Ofd608c4fd&view=pt&search=all&permthid=thread-f%3A1740114493828273305&simpl=msg-f%3A17401144... 1/2 8/3/22, 3:45 PM Gmail - Bad Reviews The wedding dress is booked in for 24 June 2023. Rainbow Daze is booked in for 17 September on receipt of $250 for delivery and drycleaning. [Quoted text hidden] Daisy Doolittle 3 August 2022 at 15:45 To: SecondHand Rose You said the Rainbow Daze dresses were FREE! The deal is OFF, please return my $500 IMMEDIATELY! [Quoted text hidden] Pa 85.F W X P ENG 10:47 AM Cloudy US 9/2/2022 2Secondhand Rose Petal Verde Email Chain.pdf - Adobe Acrobat Reader DC (64-bit) X File Edit View Sign Window Help Home Tools Secondhand Rose ... x Secondhand Rose ... Secondhand Rose ... ? A Sign In 1 / 3 vmam A Day at the Races! 4 messages SecondHand Rose 3 August 2022 at 14:40 To: secondhandrose888@gmail.com Bcc: petal.verde@gmail.com Good morning Ladies , Spring is just around the corner! In addition to all our usual amazing designer garments that are available for you to hire, I wanted to alert you to three new additions to our stock that would be perfect for Melbourne's Spring Racing Carnival # % You can find all our current stock of designer dresses on our website, however, I am sending you the chance to get in early and book these new arrivals ... all three are size twelve. Kentucky Dress: Pa 1+ 85F P ENG 10:47 AM Cloudy US 9/2/2022 2Secondhand Rose Petal Verde Email Chain.pdf - Adobe Acrobat Reader DC (64-bit) X File Edit View Sign Window Help Home Tools Secondhand Rose ... x Secondhand Rose ... Secondhand Rose ... (? A Sign In 3 /3 I love the Derby Dress! I would like to book it for Melbourne Cup Day on 1 November. Petal [Quoted text hidden] SecondHand Rose 3 August 2022 at 15:41 To: Petal Verde Hi Petal, I am Ricardo - Miquail has left for the day. The price is $160, which includes delivery and drycleaning. Would you need to try it on beforehand? Ricardo [Quoted text hidden] Petal Verde 3 August 2022 at 15:57 To: SecondHand Rose Hi Ricardo I am a perfect size 12. I have deposited $160 as per the web page instructions Petal [Quoted text hidden] 1+ 85.F ENG 10:47 AM P US Cloudy 9/2/2022 2