partially done assignment needs finishing with 500 words.
Here is the question
Richard was throwing a party for his fiancÃ©e Jenniferâ€™s 30th birthday.
His friend James had just opened a party supply shop and so Richard decided to buy all the balloons for the party from James. Jenniferâ€™s favourite colour was fuschia, so he wanted all fuschia balloons. James told him he could supply this, and quoted him a price which Richard accepted.
Richard went to Local Liquor to get all the drinks for the party. He told Ed, the assistant, that he was only ordering from Local Liquor because they could supply all the drinks pre chilled, and that they would also supply ice and glasses. He told Ed that it was of utmost importance to him that the drinks arrived chilled, with the ice and the glasses, by 4 pm on the Saturday the party was being held. They agreed on quantities and prices, Richard confirmed the delivery time and details, and paid.
In order to have his backyard party ready, Richard wanted to re-surface his deck. He went to his local hardware store and found easy to lay tiles which looked like wooden decking. Although quite expensive, he thought they would be great for improving his deck and the information on the packaging indicated that they were suitable for outdoors, and would withstand heavy foot traffic. When he added up the amount he needed, he was surprised to find it would cost $50,000 but thought that Jennifer was worth it, and so bought the tiles, and went home and laid the decking according to the instructions.
The night of the party finally arrived. James delivers the 100 balloons â€“ they are a mix of yellow and brown. By 8 pm the drinks have still not arrived, and so Richard rings Local Liquor who tell him they thought the party was tomorrow. They can deliver now, but nothing will be cold. He tells Ed at Local Liquor that he can keep his warm beer â€“ he doesnâ€™t want it anymore. Ed says fine, but he wonâ€™t be returning his money, as Richard is in breach of their contract by cancelling the delivery.
Richardâ€™s friends go to the closest bottle shop to get some drinks. Unfortunately, ice is spilled on the new outside decking and the wood begins to peel off immediately, leaving big, irregular holes in the deck.
I have started with the answer below I just need someone to review add the relevant law apply the law and conclude
For a birthday party that Richard has organised he decided to purchase balloons from his friends shop and also organised for drinks to be supplied by Local Liquor. Richard was specific in that he requested the colour of the balloons be fuchsia and that the drinks to be delivered be pre-chilled.
At the same time Richard made the decision to re-surface his deck and purchased tiles which he laid himself according to the instructions provided.
On the night of the party the balloons delivered were not the colour that Richard requested. The delivery of the drinks did not arrive at the specified time and upon speaking with Local Liquor he was advised they noted the party as being on the next day and could only deliver drinks that were not pre-chilled, which Richard declined. Local Liquor advised that there would be no refund on the order.
On the same night due to ice is spilt on the decking and holes appear in the deck.
Summary of facts
â€¢ Richard requested fuchsia balloons.
â€¢ His friend James provided a quote for fuchsia balloons which Richard accepted.
â€¢ No deposit or payment was made for the order of the balloons.
â€¢ Richard orders pre-chilled drinks from Ed at Local Liquor.
â€¢ An agreement is reached between Ed and Richard regarding the price, quantity of drinks and in this instance we will assume that â€œdetailsâ€ refer to the fact that the drinks would be pre- chilled.
â€¢ Delivery time was set for 4:00 pm on the day of the party.
â€¢ Richard then paid for the order.
â€¢ Local Liquor failed to deliver at the time agreed to on the day of the party.
â€¢ Richard called Local Liquor at 8:00 pm on the day of the party and was advised by Ed that it was noted by them that the party was to be the next day. Ed offered to send drinks that were not pre-chilled which Richard declined.
â€¢ Ed states that Richard is in breach of his contract and that there would be no refund.
â€¢ Richard purchases and lays the tiles for his decking himself.
The main that Richard requires advice on is whether there is a contract between with the 3 stores with which he was dealing. If it is confirmed there is a contract he will require advice on is whether the stores are in breach of contract. The elements of a contract will need to be satisfied before it can be established if a contract was formed.
A contract is defined as a legally binding agreement between 2 or more parties (Australian Competition and Consumer Commission, 2015). In order for a contract to be formed we require the following elements of a contract to be satisfied:
â€¢ there must be an offer.
â€¢ there must be acceptance of the offer.
â€¢ there must be consideration i.e. benefit or value to agree to do or not do what is mutually agreed upon.