TOTAL Term 1 STANDARD Examination 2017 Australian Commercial Law - LAWS20058 Answer all questions 60 MARKS Question 1 40 Marks Susan and Keith are good friends. Keith owns a pharmacy. One day, Susan tells him that she has lost her job. Keith says, "If you buy a car, I will give you a job as a courier for my pharmacy". A week later, Susan has had no success in getting a job, so she decides to go out and buy a car in order to get the courier job. She lives near the city, so she has no need for a car otherwise. When she tells Keith that she has bought a car and wants the courier job, he says that he has hired someone else, and cannot give her the job. Provide the following advices: (a) Is there a binding contract for Keith to employ Susan as a courier? You should consider all elements of contract in your answer, but make sure that you include an answer to this question: If Susan did argue that there was a contract, how does the consideration here resemble the consideration in the Carbolic Smokeball case? (15 Marks) 2 (b) How could Susan argue that there is an estoppel preventing Keith from refusing to employ her as a courier? (5 Marks) (c) Could it be argued that Keith has engaged in misleading and deceptive conduct under the Australian Consumer Law? Give reasons for your answer. (10 Marks) (d) Explain why this is NOT a case where Keith could be sued for negligence or negligent misrepresentation. (10 Marks)