| Country : | Australia |
|---|
Assignment Task:
Task One
Johan is an Engineering student on a Student Visa in Australia. One of the requirements of his course is to do an internship at a Construction Firm for at least three months. As an intern, Johan would be offering his services as an employee, and ordinarily he should be paid at least a minimum wage. Johan talks to his Pastor, Sophie, who advises him that her husband, Mundere, owns is the Manager of RealTimers Construction Co Ltd in Hawthorn and that she will speak with him to help. Pastor Sophie advises Johan to approach the company.
Johan approaches RealTimers Construction Co Ltd and informs them that he is desperate to get some work experience as a requirement for his course. Johan is informed that if he is to get a place at the Company, he would have to pay $750.00 unrefundable fee to reserve a place, and if he is accepted after the interview, he will need to pay another $750.00 per month to the company. Johan is unaware that this is actually illegal, and because of the trust he has in his pastor who referred him to the Company, he agrees and signs a contract with the Company. The Manager is aware that Johan is a foreign Engineering student, who doesn't know Australian Law. He is also aware that Johan desperately needs the work experience. Johan later overhears another Australian classmate who is also doing an internship but is instead being paid. After speaking with his Construction Law and Contracts Professor, Johan thinks that he is being ripped off by the Company. In a well-reasoned explanation, advise Johan whether he can rescind the contract.
Task Two
Using specific examples and case law, explain in your own words the difference between a unilateral mistake, a mutual mistake, and a common mistake. What is the effect of each of the mistakes?
Task Three
In July 2019, Aitken-Glass employed Coen, a plumber, to fix the drainage in his new property, which Aitken-Glass intends to use as a motel. He is targeting the upcoming Australian Open in 2020 as the first event and opportunity for him to showcase his new motel. He informs Coen that the plumbing must be ready by mid-December, given that it's the time many athletes playing in the Australian Open begin arriving in Melbourne. Coen is aware of Aitken-Glass' intentions and timelines and agrees to them.
By the end of November, Coen had not completed even half of the works and mentioned to A-G that he was struggling to have enough money to complete the work. A-G took no action. By the start of the Australian Open, the plumbing works were not complete and the motel could not be used.
A-G is so upset by Coen's inefficiency that he immediately terminated the contract and now wants to sue him for damages.
1. Advise A-G as to his chances of success;
2. If A-G is successful in suing Coen, what kind of damages can he get? Supposing A-G was running another hotel business and that he was hoping to get money from the new motel to fund the hotel, but because he has lost that money, the hotel collapses. Can A-G claim damages for that loss as well? Why or why not?
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