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LAW101 Law 1
Question 1 (10 marks)
Sheila has just been called up to the national women’s cricket team. This is an important call up as it is likely to showcase her talents to the world in the upcoming world cup tournament. She hopes to secure a lucrative contract overseas after the tournament.
During the final practice session, she falls and injures her right wrist. Upon medical investigation it is discovered that she will require corrective surgery and will need to recuperate for at least six weeks. This will give her adequate time to resume playing cricket in time for the world cup tournament. She is booked into hospital for the surgery. The surgeon is a well-known specialist who has several years of experience.
While Sheila is sedated in preparation for the surgery, the attending nurse asks her for her name, date of birth, and reason for being in the hospital. In her drugged state, she raises her left hand and gestures to the wrist. The nurse marks the left wrist with a large distinctive X.
When the surgeon in the theatre begins the operation on her left wrist, he realises that this is not where the injury is. He quickly stitches up the incision and upon examining Sheila’s other wrist, starts to operate on it.
The operation is a success, but because of the two incisions, Sheila is unable to begin training early and her recuperation is delayed by several weeks. Her return to the national team is delayed and she is unable to travel with the team to the world cup tournament. Sheila is distraught as she is already out of contract with her current team and is unlikely to get signed up by a new club soon as a result of her absence from the game. This puts her under great financial pressure.
Sheila seeks your advice. She believes that the errors in the operation have caused her to miss this great opportunity to showcase her talent and she considers suing the hospital and/or the doctor for her injuries and financial loss. Advise Sheila whether she can successfully sue the hospital and/or doctor under common law.
Question 2 (10 marks)
Jennifer aged 25 years is the granddaughter of Betty who lives by herself in Mount Gambier. Jennifer has just completed a degree in Psychology at the University of South Australia. Betty promises Jennifer that if she leaves Adelaide and moves to Mount Gambier to live with her she will transfer her house into Jennifer’s name. Jennifer leaves her mum and dad, boyfriend and a job she held at the Service to Youth Council. She arrives in Mount Gambier and cannot find any work as a psychologist but she obtains work part time as a waitress in a café.
Betty refuses to honour her promise regarding transferring the house to Jennifer who wants to sue her grandmother for breach of contract. Advise Jennifer.
Question 3 (10 marks)
On 1 February 2020 Sanche wrote to Richard offering to sell him his 1974 Holden Monaro for $60,000 and specifies that ‘the offer will remain open until 5pm on 3 February 2020’. Richard receives the letter at 10 am on 3 February and tries immediately to phone Sanche. He does not answer, and Richard leaves a message on his message bank saying he was interested in buying the Monaro but was only willing to pay $55,000.
At 10.30 am the same morning, Richard changes his mind about how much he is willing to pay for the car. He sends an email to Sanche saying, ‘Disregard, my earlier phone message. I accept your offer to sell your 1974 Monaro car for $60,000’.
Sanche does not check his email at all on the 3 February but does check his phone message bank. He listens to the voice message from Richard and immediately sells the car to Bradley whom he has also been negotiating with.
On 4 February at 9 am he opens his emails and reads Richard’s message.
Advise the parties.
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