Applying Legal Principles in Contract and Consumer Law

APPLY LEGAL PRINCIPLES IN
CONTRACT AND CONSUMER
LAW

Table of Contents
TASK 1: CONTRACT/ AGENCY AND REMEDIES FOR BREACH OF CONTRACT............3
TASK 2: LAW OF TORTS – NEGLIGENCE / DEFENCES TO NEGLIGENCE........................5
TASK 3: CONTRACTS/CONTENTS OF CONTRACT/EXPRESS CLAUSES/EXCLUSION
CLAUSES/ COMPETITION AND CONSUMER ACT (CTH) 2010/THE AUSTRALIAN
CONSUMER LAW/MISLEADING AND DECEPTIVE CONDUCT/FALSE
REPRESENTATIONS....................................................................................................................7
TASK 6: PERSONAL PROPERTY/LICENSES/LEASES/RESIDENTIAL
TENANCIES/STATUTORY PROTECTIONS..............................................................................9
REFERENCES..............................................................................................................................11

TASK 1: CONTRACT/ AGENCY AND REMEDIES FOR BREACH OF
CONTRACT
Issue:
In this case the issues is raised with the Mario regarding making contract with every
parties in context of organizing the wedding of his daughter Desdicata. In respect of planning the
big fat wedding for his daughter, Desdicata she ap porches to Sydney Luxury Food Pty. Ltd and
make an agreement regarding ordering 4 course meals for 400 people and also arrange the drinks
for $70,000. In context of booking the hall, she than further approaches to the Strathfield hall
limited in which the seating of at-least 450 guests are held and also carries the good dancing hall
with excellent kitchen facilities. So the deal is finalized and contract is made with the Andreas
regarding the events which is happened on 30th November 2018. Further Mario also entered into
the contract with the Fergie Big Jazz band for $10,000 to make the wedding successful. After
making the contract with all the parties such as Sydney Luxury Food Pty. Ltd, Strathfield hall
limited and Fergie Big Jazz band, the wedding is to be organized on the set date. But in this case
the breach is examined regarding carrying the booking on the 7the Dec instead of 30th Nov.
Rules:
Under the contract law, it refers to the promise which is made between the parties
regarding entering into any contract and thus parties are legally binding by the norms and
regulation imposed by the government (Poole, J., 2016). As all agreement are formed to be the
contract but all contract are not agreement and thus in respect of entering into any agreement,
one party offer some valuable things to another party and the other person accepts such offer.
They enter into the agreement in exchanges of some consideration.
In context of breach committed by any of the person, they are liable to avail various
remedies which are designated under the contract law such as damages or undertaking any
specific performances. Damages is mainly undertaken by the parties when they face financial
losses regarding entering into any contract (Graziano, T.K., 2019). The breach is also resulting in
the term when the person faces losses regarding not fulfilling their enjoyment or faces any
distress or upset or frustration regarding not attaining the work as per the set instruction. Thus,
all the parties who are liable for any breaches are to be compensated under the contracts Review
Act, 1980.

In case of D. Baltic shipping v Dillon High court of Australia (1993) CLR 344 in this
case, the issue which is raised by Mrs Joan Dillon that she booked the ship on the particular date
and after travelling on that ship, the ship sank and which results in loss of some valuable things.
Mrs. Dillon file the complaint against the losses of the personal injury which results in
demanding compensation for the losses incurred (Baltic Shipping v Dillon, 2018). The judgement
is raised in favour of the Dillon regarding getting liable to get damages for the actual losses
incurred.
Application:
By referring this case study to this similar case of Mario which faces financial losses
regarding committing breach by the Strathfield hall limited in respect of wrong booking of the
dates. In this complaint is file by the Dillion regarding facing losses in respect of not fulfilling
the contract, similarly in case of Mario, they face issues in respect of personal losses of
$1,000,000. Under the contract reviews act, 1980, the damages are to be paid to the parties if
they face any such loses and also their personal rights are affected regarding not fulling of the
contract (Smits, J.M. ed., 2017). Thus, under the contract law, in this Mario entered into the
contract with three parties on the bases of fair terms but the breach is committed by Strathfield
hall limited regarding miscommunication of the wedding dates. The judgement which is given in
the stipulated cases can be referred to the present case regarding demanding actual losses which
is suffered by the plaintiff and thus it is the duty of the opposite party to pay damages for the
losses incurred (Beale and et.al., 2019).
Conclusion:
By examining the above study regarding the situation of Mario, he can apply the
mitigation to losses principles, in which the partiers can take reasonable action to minimize the
losses which they gain regarding undertaking any activity. Mario can also claim the damages
under the contract law regarding loss of happiness and enjoyment as he mainly wants to have his
daughter, a big fact wedding. But due to breach committed by Strathfield hall limited, the
enjoyment is not longer sustain in his life. Thus, he can also claim for the damages under this
breach. Thus, in such aspects, Mario can claim for damages around $750,000 after mitigating the
losses. They can apply to the Local court in which the suit is filed regarding getting
compensation in respect of awards of damages for the losses incurred. If the decision is not
appropriate or not fulling their needs, they can apply to the intermediates courts and then to the