Practical consideration (1 Viewer)

[jackmurray1989]

As in Williams v Roffey Bros and Musumeci v Winadell - tell me everything you know.

And for my BOS-Law parental figures, it's not because I have an assignment that's due on it tomorrow. The only reason I'm asking about it is because I'm interested.

 

[Marmalade.]

ask me last year.

Damnit I forget too quickly.

 

[circusmind]

Reconsider your spelling of cheif.

 

[amaccas]

stream of thought... here goes

musameci - estoppel - lease of premises by fruiterer in a supermarket ??

williams v roffey - estoppel?

I have no clue LOL. i got a d in cotracts too haha, im so ashamed.

 

[jackmurray1989]

At this rate I'll be getting an F in contracts, which is worse.

 

[Demandred]

Williams & Roffry Bros basically said that in an event where:

1. A contracts B to do something for A (lets say building a table).
2. Before B finishes building a table, B realises that he may not be able to build the table because he can't afford the materials.
3. A then realises this and pays B extra to help buy the materials.
4. A obtains a practical benefit as a result, or avoids a detriment
5. B didn't induce A through fraud, undue influence.

Then as such, it is good consideration. It's basically a work around the issue that past consideration is not good consideration (right Frigid/Hfis/Melissa?)

Anyways, Mesumci basically introduced the who notion into Australia, it basically included some slight modifications:

- it made sure the practical benefit obtains/detriment avoided is worth more to the A & B than the benefit of remedies or relief.
- added a few more elements such as unfair dealings, unconscionable conduct, pressure, duress etc...
- included pratical benefit to cover monetary aspects, not just the act of doing something

Lastly, keep in mind its a NSWSC decision and hasn't been approved by the HCA yet... so it may be challengable.

 

[melsc]

I think ur right, I did Contracts last year and my mind is a bit hazy.

 

[jackmurray1989]

Lastly, keep in mind its a NSWSC decision and hasn't been approved by the HCA yet... so it may be challengable.

Cheers mate. Good point. That gave me another paragraph and I'm up to the page limit now.

 

[47.46.45]

And for my BOS-Law parental figures, it's not because I have an assignment that's due on it tomorrow. The only reason I'm asking about it is because I'm interested.

That gave me another paragraph and I'm up to the page limit now.

I can't believe I fell for your cunning OP ruse!

 

[hfis]

jackmurray1989, for your own sake, I hope you have enrolled in a PASS tutorial group or have actively sought out tutoring. Hell, even seeing the lecturer during consultation hours would probably be useful to you.

It's not that I pray constantly for a moratorium on threads created by you or anything, but it seems like a combination of the above things would answer most (if not all) of your questions, and assist better with assignments than a forum ever could.

 

[subdued123]

and it'd also be honest.

 

[jackmurray1989]

jackmurray1989, for your own sake, I hope you have enrolled in a PASS tutorial group or have actively sought out tutoring. Hell, even seeing the lecturer during consultation hours would probably be useful to you.

It's not that I pray constantly for a moratorium on threads created by you or anything, but it seems like a combination of the above things would answer most (if not all) of your questions, and assist better with assignments than a forum ever could.

Lol, you love my threads. It gives you a chance to be a father-figure and teach me the value of a good education. That's who I was refering to in the original post: you, frigid and melsc (and amacas to an extent, but he's more like the cool uncle because he's not as strict as you guys).


And for the record, I knew the cases comfortably and had finished the assignment well before last night, I was just checking if anyone could offer something from a different perspective (and I did find get a useful insight from Demandred about the jurisdictions of the cases which fitted neatly into the assignment).

 

[hfis]

Strict? Yes, of course, my telling you that trying to rote-learn easy answers sourced from a law forum is like a rod to your back, I'm sure.

No one on this forum has been anything but polite to you, which stands in stark contrast to your flippant attitude, which reeks of self-entitlement and a lack of gratitude. I post here because I know that the forum can be a good source of information for students who need it when they've exhausted all other options, and because I find helping them a relaxing break from focusing on any one of the 3 PLT assignments I have due at that particular moment.

Do you honestly think I post with an ulterior motive? Please, jackmurray1989, indulge me with your compelling argument. Or how about you shut the fuck up and realise that maybe the things that I (and others) are telling you have at least some shred of credence, because unlike you, we actually know what we're talking about?

 

[Frigid]

LOL.

jack, if i was your father, i would've long given up on you and thrown you into military school.

 

[jackmurray1989]

Lol.

Take it easy hfis, that was my friendly way of saying thank you. Didn't quite expect that overreaction. I thought it was obvious by the use of the word 'strict' that I was joking.

If you'd like me to thank you more expressly I will from now on.

 

[47.46.45]

LOL.

jack, if i was your father, i would've long given up on you and thrown you into military school.

If he's at UWS he probably has a higher GPA than you. We get distinctions just for handing in assignments, HD if it's typed or written in pen.

 

[aileenli]

LOL.

jack, if i was your father, i would've long given up on you and thrown you into military school.

urgh, grandpa much?

 

[melsc]

If he's at UWS he probably has a higher GPA than you. We get distinctions just for handing in assignments, HD if it's typed or written in pen.

Bah so not true


Jack, do try to learn to be honest. You probably haven't dont professional ethics but if you lie (or fail to disclose anything) at all to the admissions board you can forget being a lawyers. Any fraud or offences will also screw your career.

There was also a law student who leant his assignment to a friend to get an idea of how to do it, who then copied it and handed it in. Even though an inquiry found his friend was at fault because he didnt think to disclose it he ended up having to argue all the way to the SC (I think it was) to be able to be admitted to practice.

You can see why people are relucant to ask for help with assignments or give help.

 

[Frigid]

urgh, grandpa much?

you think being 22 is grandpa-age? i don't know what happens in your family, but i certainly don't have any kids.

 

[Frigid]

There was also a law student who leant his assignment to a friend to get an idea of how to do it, who then copied it and handed it in. Even though an inquiry found his friend was at fault because he didnt think to disclose it he ended up having to argue all the way to the HC (I think it was) to be able to be admitted to practice.

that would be Re Legal Profession Act 2004; re OG, a lawyer [2007] VSC 250.