RECENT ASSIGNMENT

HI6027: Individual Assignment
Trimester 3 / 2015
Answer the following questions
1. Flower Angels operates a flower farm in the Southern Highland specialising in rare breeds of David Austin roses. On Monday the company received, by post, an order from a regular customer, a florist shop in the Sydney CBD, requesting that a specified quantity of David Austin roses be delivered that Friday, for a wedding they were doing on Sunday. On the same day that the Flower Angels received the order, it posted back its confirmation that it would deliver on the order as requested. Flower Angels and the customer often dealt with each other by post. The confirmation would usually have taken only a day to reach the customer but, due to an industrial strike by postal workers, the customer did not receive the confirmation of the order until the following Monday. In the meantime, on the Thursday, on the assumption that Flower Angels was not going to deliver the David Austin roses, the customer had purchased roses from another flower farm albeit at a more expensive price, and had faxed Flower Angels that it was cancelling the order that same day. Nobody at Flower Angels read the fax until the Friday afternoon after the roses had been delivered to the customer’s address. The customer is now refusing to accept the roses or to pay for it. Advise Flower Angels.
2. Brian purchased a collector’s model Mercedes Benz Mr Slim from John, who claimed that the car was part of a limited series edition released in the late 1960s. At a vintage motor show Brian was advised by a number of experts that the car he purchased was in fact a earlier model with just some minor changes that made the car look like the late model. Brian wants to know whether the contract of sale with John is valid. Advise Brian including his options.
Make sure you cite case laws in your answers.