Peter Smyth v Vincent Thomas [2007] NSWSC 844 (3 August 2007)

Peter Smyth v Vincent Thomas [2007] NSWSC 844 (3 August 2007).

Topic: assignment of law case studies PART A Answer the following questions on this case: Peter Smyth v Vincent Thomas [2007] NSWSC 844 (3 August 2007) 1. In what court was the case heard? 1 mark 2. Name the judge and explain his title at the time this case was heard. 2 marks 3. Name the plaintiff and defendant and their counsel. 4 marks 4. What particular circumstances led Rein AJ to doubt the credibility of the defendant’s version of events? 3 marks 5. The defendant argued there was no binding and enforceable agreement, what were the components of this argument? 4 marks 6. How is agreement reached in a traditional auction? 2 marks 7. What differences did Rein A J outline between a traditional auction and an on-line auction? 5 marks 8. What did Rein A J regard in an eBay auction as the equivalent of the fall of the hammer in a traditional auction; and what is the significance of each? 2 marks 9. Explain the meaning of specific performance and state why was an order for specific performance of the contract was appropriate in this case? 3 marks 10. Why was the final order not made in this hearing? 2 marks 11. Why was the matter heard in the Supreme Court? 2 marks 30 marks ___________________________________________________________________________ PART B Ray offered to sell his computer to William for $1000, stating he would keep the offer open for 3 days. The next day Ray phoned William and said he was withdrawing the offer because he had received an offer of $1200 from Greg. William however said he would accept the offer now Ray did not have to keep it open for the full 3 days. 1. Who has Ray reached an agreement with? 4 marks Up to 150 words Dick is one of six employees of McMuffins Ltd. Each week the group of six buy a weekly lottery ticket, each contributing an equal amount of money. Every week the money is collected by Lotty, the office junior, who also buys the lottery ticket. The group has always agreed to share any winnings equally but have not to date won anything. Lotty discovered this morning that the lottery ticket has won $1,000,000, she tells the other members of the group that she intends to claim the money for herself and leave McMuffins Ltd. 2. Is Lotty obliged to share the lottery winnings amongst the group? 6 marks

Peter Smyth v Vincent Thomas [2007] NSWSC 844 (3 August 2007)

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