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Subject Code : HI6027
Country : Australia
Assignment Task

 

 

Question 1 
What is meant by the Doctrine of Precedent?
Question 2 
Emily is 18 years old and has just graduated with a bachelor's in marketing degree  from a well-known university. Even though she has not worked in a marketing job  before and has no experience in a marketing role, she decides to apply as a part-time  graduate assistant for Fido House, which is a charity dedicated to finding homes for  abandoned dogs. Fido House agrees to pay Emily a nominal allowance of $1,000 a  month, in view of her junior role and her lack of relevant job experience. Even though  the salary is quite low, Emily decides to accept the job offer because she wants to work  in a marketing role. 
Soon after, some of Fido House's major donors do not contribute their normal  donations in the new financial year. This results in significantly lower funding for the  company. Emily's manager tells her that her role has been dissolved and her services  are no longer needed. Fido House owes Emily about $2,000 in back pay. When Emily asks for payment, the company says they do not owe her any money because Emily was not an employee. They were only giving her work experience. Besides, they didn't sign a written contract, Fido House is a charity, and so it is not liable to Emily. 
Does Emily have any rights to claim her back pay under contract law? Please explain your answer with reference to the essential elements for the creation of a valid simple contract.

Question 3

Lion Tree is a 13-year-old Australian junior golf champion. Everyone in the golfing circuit believes that he has what it takes to be a world champion someday. His parents,  Brent and Belinda sign a sports agency contract with Jenny Maguire Sports Agency  Pty Ltd. The term of the contract is three years. Lion, on his own, also signed a  contract to play golf with the Australian junior golf team. Lion also has an athletic apparel contract, which his parents also signed on his behalf, with PlusTwo Sportswear that requires him to wear only the company shoes exclusively for 2 years. As long as he abides by this term, the contract also stipulates that he would get PlusTwo shoes for free. On the other hand, if Lion does not abide by this condition, PlusTwo has the right to claim payment for all shoes given to Lion. 
Now, Lion's parents want to terminate the contracts with Jenny Maguire Sports Agency and PlusTwo Sportswear because they are unhappy with the way both these companies are treating Lion. 
What is Lion Tree's liability if he terminates both these contracts? Advise him, citing  legal basis in support of your advice


Question 4
When will the courts imply terms into a contract? 
Question 5 A court can award several alternative remedies to a plaintiff for a defendant's breach of contract. These remedies include specific performance and injunctions. 
a) What is an action for specific performance and when will a plaintiff seek such an order from a court? 
b) What is an injunction and when will a plaintiff seek an injunction as a remedy in a contractual dispute? (Maximum 200 words)


 

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