This assessment task will assess the following learning outcome/s:
Given that Gordon has not build a steel roof as required in the contract signed in 1 July, was there a breach of contract and, if so, was it a breach of a condition or a warranty?
Is the exclusion clause contained in the documents sent on 5 July effective?
Problem questions are the most important type of question in law. When you get a problem question you will get a set of facts you have never seen before, and you will have to explain what will happen when the law is applied to the facts.
Here you state the legal issues that arise from the problem. These should always be framed in the form of short, simple questions - that is, the questions of law that the parties are arguing about.
Examples of this are: ‘Is tom liable to Brad in contract?’,
Has Frank breached his duty to act in the best interests of the corporation?’, ‘Is Mary liable in negligence to Tom?’, ‘If Mary is liable to Tom, are and defences available to her?
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