Dear Junior Associate   I’ve just finished my meeting with Kevin.  He provided us additional information about the events that transpired.  Since you are already in this case, I would highly appreciate if you can draft our advice to Kevin, taking into account the additional information he has provided.    Here are some notes I managed to take down:     Kevin has always understood that the clause on ‘Services’ is an important term. Although he did not communicate this to Marie on this particular occasion, he pointed out that in a previous equipment hire about three months ago for a wedding event, he told Marie that it is very important that the equipment should be of acceptable quality and fit for the particular purpose disclosed.  Marie replied, ‘I am your sister. I will never let you down.  I guarantee you that my equipment is the best in Australia.’   Marie has sent Kevin demand letters, asking him to pay $10000 for the equipment hire, plus the amount for the damaged smoke and fog visual effects. Kevin is willing to pay Marie for the equipment, but he argues that $10000 is way too high, considering what happened.  Furthermore, he remembered that Marie has subsequently agreed to a reduction of $1000 for the fees.  This was not noted in Annex B of the contract.  The only record he has is a Facebook messenger chat (reproduced below): Marie: Thanks so much Kevin for supporting my business. this means a lot for me. please send my love to my niece, Ann.  Kevin: No worries sister. by the way Jane told me that our business is not doing well these days. she told me that we could be in the red. Can you give me a discount?  Marie: No worries, brother. I can give you less $1000. Will that be okay?  Kevin: Yes. Thank you, Marie. Looking forwaed to seeing you this weekend with Mum.  Kevin also learned that Jason Blake has been suffering from a rare bone disease which makes his bones prone to fractures. He feels sorry for Jason, but he is wondering if this finding can somehow affect your legal analysis. Kevin also learned that Jason Blake has tweeted about the event:   Since the tweet, Kevin’s business has gone down. Nobody wants to hire OzEvents to organise and run events. I would highly appreciate if you can look further into these additional pieces of information and provide me your analysis at the soonest. Again, I am only interested in the legal issues, including possible defences and remedies, arising from common law.  Many thanks, Tom Hastings Tom Hastings Principal, The Legal Counsel Inc. Required You are the junior associate.  Please draft the advice to Kevin, following Tom Hasting’s instructions and the information and documents he has gathered from Kevin. It is important that you identify all relevant issues arising from common law only.

icon
Related questions
Question

Dear Junior Associate

 

I’ve just finished my meeting with Kevin.  He provided us additional information about the events that transpired.  Since you are already in this case, I would highly appreciate if you can draft our advice to Kevin, taking into account the additional information he has provided. 

 

Here are some notes I managed to take down:  

 

  • Kevin has always understood that the clause on ‘Services’ is an important term. Although he did not communicate this to Marie on this particular occasion, he pointed out that in a previous equipment hire about three months ago for a wedding event, he told Marie that it is very important that the equipment should be of acceptable quality and fit for the particular purpose disclosed.  Marie replied, ‘I am your sister. I will never let you down.  I guarantee you that my equipment is the best in Australia.’  
  • Marie has sent Kevin demand letters, asking him to pay $10000 for the equipment hire, plus the amount for the damaged smoke and fog visual effects. Kevin is willing to pay Marie for the equipment, but he argues that $10000 is way too high, considering what happened.  Furthermore, he remembered that Marie has subsequently agreed to a reduction of $1000 for the fees.  This was not noted in Annex B of the contract.  The only record he has is a Facebook messenger chat (reproduced below):

Marie: Thanks so much Kevin for supporting my business. this means a lot for me. please send my love to my niece, Ann. 

Kevin: No worries sister. by the way Jane told me that our business is not doing well these days. she told me that we could be in the red. Can you give me a discount? 

Marie: No worries, brother. I can give you less $1000. Will that be okay? 

Kevin: Yes. Thank you, Marie. Looking forwaed to seeing you this weekend with Mum. 

  • Kevin also learned that Jason Blake has been suffering from a rare bone disease which makes his bones prone to fractures. He feels sorry for Jason, but he is wondering if this finding can somehow affect your legal analysis.
  • Kevin also learned that Jason Blake has tweeted about the event:
    •  
    • Since the tweet, Kevin’s business has gone down. Nobody wants to hire OzEvents to organise and run events.

    I would highly appreciate if you can look further into these additional pieces of information and provide me your analysis at the soonest. Again, I am only interested in the legal issues, including possible defences and remedies, arising from common law. 

    Many thanks,

    Tom Hastings

    Tom Hastings

    Principal, The Legal Counsel Inc.

    Required

    You are the junior associate.  Please draft the advice to Kevin, following Tom Hasting’s instructions and the information and documents he has gathered from Kevin. It is important that you identify all relevant issues arising from common law only.

 

2. Ca
Home Insert Draw Design Layout
AutoSave OFF
Paste
Page 1 of 1
Arial
B I
18 words
V
11 V
ab X₂
A A
A
English (Australia)
V
References
Aa ✓
D
V
Po
V
Mailings Review
V
二 三 三 三、
View
Tell me
>वा ¶<
587
Document7
The Ultimate Jason Blake @Jason Blake
↓ ¶
1 1,431
.
The equipment you used was defective! Look at what you've done! If
you don't want harm, stay away from OzEvents!' #OzEvents #Boycott
wwwmmmmmmm
AaBbCcDdE AaBbCcDdE
No Spacing
Normal
March 22, 2023
2,577
h
Aa BbCcDc
Heading 1
>
Styles
Pane
Focus
Dictate
Comments
Sensitivity
FE
lill
I
Edit
Editing
+
BOD
Share
113%
Transcribed Image Text:2. Ca Home Insert Draw Design Layout AutoSave OFF Paste Page 1 of 1 Arial B I 18 words V 11 V ab X₂ A A A English (Australia) V References Aa ✓ D V Po V Mailings Review V 二 三 三 三、 View Tell me >वा ¶< 587 Document7 The Ultimate Jason Blake @Jason Blake ↓ ¶ 1 1,431 . The equipment you used was defective! Look at what you've done! If you don't want harm, stay away from OzEvents!' #OzEvents #Boycott wwwmmmmmmm AaBbCcDdE AaBbCcDdE No Spacing Normal March 22, 2023 2,577 h Aa BbCcDc Heading 1 > Styles Pane Focus Dictate Comments Sensitivity FE lill I Edit Editing + BOD Share 113%
Expert Solution
steps

Step by step

Solved in 3 steps

Blurred answer
Similar questions
  • SEE MORE QUESTIONS