Contents

• This report answers the the following questions -
• PART A
• 1. Go to the following website HYPERLINK "http://www.austlii.edu.au/" http://www.austlii.edu.au/ and locate the Mildura case: the full citation of the case is:
• Mildura Office Equipment & Supplies Pty Ltd v Canon Finance Australia Ltd [2006] VSC 42 (16 February 2006)
• Explain briefly how you found it.
• 2. The Mildura case concerns the meaning of a unilateral contract, define a unilateral contract.
• 3. An English precedent case, noted in para 2 of the Mildura case, established the definition of a unilateral contract.
• Locate that case, provide the case citation and explain briefly how you found it.
• What was held in that English precedent case?
• Within that English precedent case Lindley LJ, cited the earliest precedent which established that performance of a contractual condition was deemed to be acceptance of an offer. What was the name of that early precedent?
• Explain why this English precedent case is an exception to the general rule that acceptance must be communicated.
• 4. What is meant by a precedent case?
• 5. Explain the application of stare decisis.
• 6. In the Mildura case:
• Which Australian case defined a unilateral contract?
• Which of the parties did Dodds-Stretton J regard as the more reliable witness and what was the significance of this?
• What was the decision of the court?
• Briefly state the plaintiff’s claim.
• 7. The plaintiff’s appealed the decision in the Mildura case.
• Locate the appeal, provide the case citation and explain briefly how you found it.
• What was the decision of the appeal?
• What reservations did Kellam JA have in respect of the presentation of the plaintiff’s case? 2 marks
• Kellam JA cited the cases that held it would only be in exceptional circumstances that a party would be permitted to raise new arguments on appeal. Name the Australian precedent cited.
• PART B
• 1. What are the advantages and disadvantages of precedent?
• 2. Alice: I am selling my 2007 Toyota Yaris are you interested?
• Jack: I could give you $9,000 for it.
• Alice: No that’s not enough, I was hoping for $10,500 at the very least.
• Jack: The highest I can go is $10, 200.
• Alice: Ok, that is probably the best I can get.
• In the above conversation identify the following: an invitation to treat; an offer and counter-offer; a new offer; a rejection and an acceptance. At what stage was agreement reached?
• (To answer this question copy each line and say what it is by a providing a concise definition).
• 3. A group of students were in a bar celebrating Ben’s birthday. Ben was 22 years old and the youngest member of the group. He challenged Tim to drink a glass of beer without taking a breath and promised to pay him $100 if he could. Tim drank the beer without taking a breath but Ben refused to pay the money. Neither Ben nor Tim was intoxicated. Is this an enforceable agreement?

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