AF 108: Introduction to Law for Commerce Major Assignment Question

Due Date: #ord Count: &rou s of 2 23rd A ri! 201" 3$000 words ma%imum

'ut (ot) *our grou mem(ers names and id on t)e assignment+ Assignment wi!! (e co!!ected in !ectures+
Answer t)e fo!!owing two ,uestions wit) reference to a statutes+ ro riate cases and

Question 1 Joanne is a student at the University of the South Pacific located in Suva, Fiji. She went home for vacation in Ba (about 4 hours drive from Suva . She was !lanin" to come home with her friend #ora who also stays in Ba and has a car. $hen she ran" #ora, #ora told her that she could come with #ora !rovided she was willin" to contribute towards the refuellin" of the car i.e. ma%e a full tan% of the car. Joanne as%ed how much it would cost to refuel the car to full tan%. #ora told her it usually cost &4' for a full tan%. Joanne a"reed to refuel that car to a full tan%. (he day before travellin" to Suva, war started between )ra* and +merica. +s a result fuel !rices in Fiji rose by ,''-. #ora went to !ic% Joanne u! on the day of travellin" to Suva as arran"ed, and they rode to Suva. +fter arrivin" in Suva, #ora as%ed Joanne to refuel the car to full tan% at the .obil Service Station in Suva. Joanne a"reed. $hen the Service station had refuelled the car, they demanded &/' instead of the &4', which #ora had told Joanne. (his was because fuel !rices had increased from &, !er litre to &0 !er litre. Joanne refused to !ay the &/'. She stated that she had no contract with #ora to !ay &/'. #ora states that althou"h there was no contract to !ay &/', there was a contract to refuel the car to full tan%. +s a result the Service Station sei1ed #ora2s car. i ii iii +dvise #ora with reference to !rinci!les of 3ontract law. +ssume that Joanne is over the a"e of 0,. $ould your advice to #ora be any different if Joanne is under 0, years of a"e4 5ow4 67!lain. $ould your advice to #ora be any different if Joanne was under ,/ years of a"e4 5ow4 67!lain. (8 mar%s Question 2: 9:; Builders, a 3onstruction 3om!any buy cement from (o! 3ement Su!!lies. (hey buy concrete bloc%s from U< 3oncrete Bloc%ers. 9:; ordered ,',''' concrete bloc%s

from U< 3oncrete Bloc%ers on ,'th .ay, 0''0. U< 3oncrete Bloc%ers told 9:; Builders to send down an a"ent so that he could e7amine the bloc%s, which they were buildin" for 9:; Builders. (he a"ent came and had a loo% on the 0'th of .ay, 0''0. +t that time only 4,''' bloc%s had been built and the a"ent was assured that the other =,''' bloc%s would be ready in two days. (he 4,''' bloc%s were of "ood *uality. (he a"ent was also shown the materials that were %e!t aside for the =,''' bloc%s that were still left to be made. +fter 0 days the a"ent came bac% to collect the ,',''' bloc%s. $hen he arrived at U< 3oncrete Bloc%ers !remises, he saw that there were only /,''' bloc%s set aside for him. 5e also saw a truc% loaded with a!!ro7imately 0,''' bloc%s from the 4,''' bloc%s which he had e7amined on 0'th .ay, 0''0 leave for >ival Builders, another construction com!any. ?ut of those /,''' remainin" bloc%s, 0,8'' were crac%ed due to lac% of sunshine and adverse weather conditions. (he a"ent said that he was not "oin" to acce!t those bloc%s. ?n this U< 3oncrete Bloc%ers .ana"er said that the !ro!erty in the /,''' bloc%s had already !assed that mornin" once the bloc%s were set aside, and if the a"ent did not collect the bloc%s then U< 3oncrete Bloc%ers would char"e 9:; Builders stora"e e7!enses at &,'' !er day. (he a"ent ran" 9:; Builders @eneral .ana"er to discover that he was away overseas on business. (he a"ent then loaded the bloc%s and too% them to 9:; Builders !remises where the 6n"ineer rejected the bloc%s as bein" of !oor *uality. +dvise 9:; Builders as to whether they have any ri"hts under the Fiji Sale of Goods Act, the Fair Trading Decree or the Commerce Commission Decree. Use appropriate cases and legislation to support your arguments. (,' mar%s