Topic: Fundamentals of Law
Total possible marks: 30
Word Guide: 1500 words
In the fall, Taylor, a third-year law student at State University in Bendigo, interviewed with several law firms for an associate position. Among those firms were Smith & Smith (Smith), located in Melbourne, and Jones and Jones (Jones), located in Ballarat.
At the conclusion of her interview with Smith, the Smith recruiter told Taylor, “You have a position with us next fall provided you successfully complete your law program.”
Taylor received only one other job offer; it was from the Jones firm in Ballarat.
Taylor considered the offers and then wrote to Smith accepting Smith’s offer. Taylor rejected Jones’s offer. Taylor would have accepted a position with Jones if Smith had not made an offer.
In November, two weeks before taking her final exams, Taylor moved to Melbourne. Smith sent Taylor a stipend which covered some, but not all, of her moving and living expenses.
Two days before she took her final exams, a Smith partner called Taylor, stating, “We have reassessed our hiring needs, and we are withdrawing our previous offer.”
Taylor took and passed her final exams, and successfully completed her law program.
Discuss the contract claims, defences, and remedies of Taylor and Smith.
Required: Provide answers to the following. Support your answers by reference to relevant statutory and case law.
1. Taylor brings a claim for breach of contract against Smith. Discuss whether Taylor and Smith formed an enforceable contract, AND whether Taylor is likely to win her lawsuit. (10 marks)
2. Discuss whether Smith has any defences to Taylor’s breach of contract claim.
3. Assuming Taylor proves breach of contract, discuss the possible remedies available to her. (5 marks)
Total Marks: 20
Jenny parked her caravan on a beachside block of land that she leased from Bob. Over many years, she adds shade awnings, a brick barbeque, a fenced garden and a wooden deck to the caravan. The wheels of the caravan have sunk into the soil and it would no longer be possible to tow the caravan away. Jenny’s lease has now expired and Bob is refusing to allow Jenny to remove the caravan stating that it is now part of the land.
Advise Jenny as to whether she can remove the caravan. Discuss Bob’s rights to keep the caravan. Who is likely to prevail if a lawsuit is filed in court?