Question
uestion 1 (10 marks) (approx.) Bob went to visit his mother at the Golden Years retirement village and parked his car in the outside carpark.
uestion 1 (10 marks) (approx.)Bob went to visit his mother at the "Golden Years" retirement village and parked his car in the outside carpark. On his return to the car a person tried to steal Bob's briefcase and in the struggle, Bob fell and broke his arm.
There was normally a carpark assistant employed by "Golden Years" to help older visitors in the carpark, but he was on a phone call at the time inside the building.
a)Does the "Golden Years" retirement village owe a duty of care to Bob?
b)Has the "Golden Years" retirement village breached their duty of care? Give your reasons.
c)What cases assist you with your arguments?
Question 2 (10 marks) (approx.)
Josh from Victoria had been speaking to Eric from NSW over the holidays. Eric had said he was considering selling his guitar for $500 in the next few months. The guitar was at his sister's place in another suburb. After a few weeks Josh texted Eric and said "I'd like to buy the guitar that you mentioned for $500. If I hear no further from you I will consider the sale complete" Eric was happy to sell to Josh.
Eric's sister in the meantime had sold the guitar on the internet to Bryan.
Advise Josh
a)Does he have an enforceable contract with Eric? Give your reasons?
b)Are there any cases that assist your argument?
c)If Eric had replied"All good, here are my bank details" would that alter your answer?
d)If a contract is formed in any of the above circumstances, in which state would the contract be formed?
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