Term 1 Take Home Paper 2020
Contract A — LAWS 11061
Page 1 of 3
Instructions Sheet
1. The paper comprises 2 questions.
2. Question 1 is a problem question, worth 30 marks.
3. Question 2 is an essay style question worth 10 marks.
4. ALL questions should be attempted.
5. This paper is worth 40 marks.
Term 1 Take Home Paper 2020
Contract A — LAWS 11061
Page 2 of 3
Question 1 30 Marks
Caz had just bought her first home – a townhouse on the Central Queensland coast –
for herself and her teenage son, Bob. The townhouse was advertised as a “fixerupper” which was an apt description. The interior paint was flaking and, in some
places, mouldy. The yard was overgrown with weeds and vines. There was a lot of
work to do, but nothing Caz felt was beyond her capabilities. She was proud of her
purchase and invited some friends to come around on Sunday evening. She wanted
the house to look as good as it could, so resolved to paint the bathroom and do the
gardening before the guests arrived.
It was Saturday morning and Caz began with the bathroom. It was a very dark, damp
space, and thick mould could be visibly seen on the walls and ceiling. Caz started by
scrubbing the surfaces with vinegar. She then sanded the walls back with a fine
sandpaper, to prepare them. She selected a gorgeous colour – “Alluring Aqua” – in an
interior design journal. The colour was created specifically for bathrooms and other
damp environments as it repelled mould. ‘Perfect!’ thought Caz, and drove to the local
hardware store to get some.
At the store, Caz found a range of brushes and rollers, but could not find the “Alluring
Aqua” paint. She asked the sales assistant who told her they didn’t stock paint from
that supplier – but had something even better – “Angler’s Avenue”. This was a
luxurious, thick paint that only needed one coat. It would be perfect for any seaside
bathroom, capturing the aesthetic of the ocean. It was also easy to use for a novice
renovator. The salesperson said the result with this paint was ‘Perfect every time’ and
would come up ‘as if done by a painter with 30 years’ experience’. At that, Caz
agreed. She paid a high price but did not feel ripped off – this was a superior product.
As she left the store, she thanked the salesperson, and then remembered one last
thing: ‘Does the paint repel mould?’ Caz asked. ‘Absolutely!’ replied the salesperson.
Caz began the job of painting that afternoon. She found that the job was not as easy
as she hoped. The finish was certainly not like that of a painter with 30 years’
experience; at least not with one coat. She thought she would have to sand it back
and do a second coat to get it right. He arms began to ache from sanding and using
the roller on the roof. She decided that she no longer had the time or energy to weed
and mow the courtyard as well as finish the painting. Caz’s son, Bob, was sitting on
the couch playing a gaming console, so Caz asked him if he would help out by doing
the gardening. Bob said, ‘What’s in it for me?’ Caz looked in her wallet and saw she
had a $50 note in it. ‘If you complete all the weeding and mowing by Sunday
afternoon, you can have $50’ she said. ‘Deal!’ Bob answered and got off the couch.
Like the painting, however, the gardening job was more time consuming than first
anticipated. Bob weeded for two hours but was soon bored with the work. He started
up the mower, but it had next to no fuel in it, so conked out halfway through. The yard
Question 1 continued over page
Term 1 Take Home Paper 2020
Contract A — LAWS 11061
Page 3 of 3
Question 1 continued
looked worse than ever with its partially finished look, but Bob returned to the couch
and resumed his game. He no longer felt that the job was worth $50; he’d rather sink
into the couch with a bag of potato chips.
When Caz saw the half completed job, she was furious. She confronted Bob about the
work, and he said he had finished. With the prospect of guests arriving later, Caz was
desperate. ‘I’ll double the cash if you finish the job’ she said. $100 was a much more
attractive prospect for Bob. He walked to the petrol station and filled a can with fuel
and finished the lawn. He also did an awesome job of pruning back the vines and
weeding the garden beds. The garden looked amazing when the guests got there, and
they also admired the bathroom, which had come up nicely.
Bob asked for his extra pay once the guests had left. Caz told him she had changed
her mind. Afterall, Bob had only done what he had originally promised. Bob was angry
and said that Caz was being unfair. He refused to come out of his room and said he
would not go back to school on Monday.
About two weeks later, Caz noticed that the mould was beginning to grow back in the
bathroom. She remembered what the salesperson in the shop had said about the
paint’s properties and wondered if there was anything she could do about it.
Answer the following:
a) Does Caz have to pay Bob for the gardening? Why/why not? (15 Marks)
b) Does Caz have any recourse with regards to the hardware store? (15 Marks)
In answering these questions, refer to relevant cases and/or legislation studied in
Contract A.
Question 2 10 Marks
The courts have traditionally relied on the concept of ‘rebuttable presumptions’ when
assessing whether parties had the requisite intention to create legal relations. More
recently, a ‘modern approach’ has emerged. Explain the difference between these two
approaches and consider why the courts have begun to move away from using
presumptions to determine intention. Which approach do you prefer? Why? Use case
law in your answer.
– End of paper –
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