Reference no: EM133196789

SCENARIO

In early-2022, Barry, a baker entered into a contract with his younger cousin Harry (aged 25) to cater for his upcoming nuptials in Sydney, NSW later that year. The contract indicates that the food to be supplied for the wedding will comprise various types of cakes baked for the guests- that is, food primarily prepared from flour refined from wheat. The cost will be $10,000 with the cakes all due to be delivered by 3 September 2022, the date of the wedding. A formal written contract was validly signed by both parties and contained all the details of the catering required.

Unfortunately, due to supply-chain disruptions occasioned by the war in Ukraine, there is a shortage of wheat and by late July 2022 Barry fears that he will be unable complete the baking of cakes in accordance with the terms of the contract due to the wheat shortage. Nevertheless, Barry also realizes that if the cakes are instead baked from almond meal (i.e. using almond meal sourced from almonds instead of flour sourced from wheat) - then Barry could supply all the cakes by the date of the wedding on 3 September. Although almond meal would be more expensive to use than flour (from wheat), Barry believes that the additional cost of baking the cakes from almond meal is likely to be less than the additional damages payment that Harry would be likely to receive if he sued Barry for breach of contract for failure to supply the original cakes (baked from flour) by the date of the wedding.

Consequently, Barry visits Harry on 17 August 2022 and offers to bake his cakes using almond meal (instead of flour) for the same price of $10,000. All the other details of the contract are to remain the same. Barry gives Harry a letter, signed by Barry detailing his offer and asks him to consider it carefully and, if he agrees, to sign the letter and send it back to him by any electronic means of communication. Barry also notes that Harry may (at Harry's discretion) email Barry a scanned copy of the signed letter to B..r (at) geemail.com.au. Harry then considers the offer and is happy to agree as almond meal is healthier, tastier and more exotic than flour and Harry had only originally chosen the flour-based cakes because they were cheaper than almond meal. Harry then signs the letter and sends the letter to Barry by clearly photographing it and sending it directly to Barry electronically via WHOSAPP a social media electronic communication platform on which he is able to locate Barry. The WHOSAPP message is received on Barry's mobile phone at 4 pm on Friday 19 August and although Barry actually sees the notification that a message has arrived from Harry he deliberately does not bother to open or read the message itself as he closes his Bakery early on Fridays (at 3pm) and has resolved not to read any work-related correspondence until the following Monday.

In the interim on Saturday 20 August Barry receives a call from his flour supplier that a suitable batch of flour (produced from wheat) has been unexpectedly secured which means that Harry's cakes could be baked on time from flour. Barry quickly writes a letter to Harry revoking his offer to bake the cakes with almond meal. Barry then signs, scans and sends the letter to Harry by clearly photographing it and sending it directly to Harry electronically via Farcebook Messenger a social media electronic communication platform on which he is able to locate Harry's account. Harry receives the photograph instantly and reads the letter that Barry has sent him.

Barry only actually reads Harry's WHOSAPP message after he has opened the bakery again on Monday.

The following weekend Barry dines at Harry's restaurant (Harry owns and operates his own restaurant) to celebrate his (i.e. Barry's) 60th birthday. Harry has hired Rachel (an independent contractor) as a belly dancer to entertain the guests at his restaurant. Rachel encourages Barry, to join her in a dance. While vigorously attempting to keep up with Rachel, Barry breaks his hip.

Later that evening, after Barry has been taken to hospital in an ambulance, Rachel resumes dancing for the patrons at the restaurant but then unexpectedly (and contrary to Harry's instructions) begins to undress in front of the patrons (including many families at dinner). News quickly spreads that Rachel had begun to remove her clothes while dancing at Harry's restaurant and on later nights families cease patronising Harry's restaurant so that the restaurant has 60% fewer customers over the following week with many families avoiding the restaurant for fear that their families could be exposed to Rachel undressing.

May you help answer the questions using IRAC methodology?

QUESTION (I.E. INSTRUCTIONS)

i) Advise Harry on his legal position in relation to Barry under contract law. Do NOT apply the statutory provisions of any consumer law in your response.

ii) Advise Rachel on her legal position in relation to any other relevant parties under tort law.