Yoshiv Monash Electricals- oral express terms

Yoshi(an ITstudent at Monash College)approachedJack, an experiencedcomputer technicianatMonashElectricals Pty Ltdin Melbournetoreplace andupgrade his laptop.

He carefully explained his requirements which included:

• Repairing the keyboard, which is defective after accidentally pouring bubble tea
• Repairing the screen, which was scratched by his pet cat
• Upgrading the RAM and video card
• Installingan antivirus to protect his work

Jacksaid toYoshi:

1. I promisewhen I install the upgradesit will befaster!

1. After I fix your laptop, it will bethe fastest laptop ever!

A week later after the repairs and upgrades were completed,Yoshifound a number of issues with the laptop. Although the keyboard and screen were fine, the laptop was slower and would often crash. He later discovered the RAM installed was incompatible with his laptop, and the video card was an older and inferior version than his previous video card!

Yoshiargues that Monash Electrical has breachedthe contract and is therefore entitled to a refund!He wants to use the refund to buy another computer now that this laptop is messed up. He does not trust Jack to fix this one properly.

AdviseYoshiwhetherMonash Electrical has breacheda contractunder common law. In your answer, considerthe following issues:

1. What are the oral express terms of the contract?

Relevant Law:

Application:

Conclusion:

1. Have the terms been breached?

Relevant Law:

Application:

Conclusion:

1. What remedy is availablefor the breach of term?

Relevant Law:

Application:

Conclusion: