In relation to the above facts:

a) Could Margaret, upon receiving Felicity’s notice on 6 August 2012, have terminated the contract on that day?

b) Does Felicity have any basis upon which she would be entitled to recover the deposit that she paid on exchange of contracts?

Case 16

Funbikes Ltd recently introduced a new ‘Long Haul’ model bicycle in the market and, in the hope of stimulating sales, inserted an advertisement in The Sydney Morning Herald offering to pay $5,000 to the first person to ride the new model bicycle from Sydney to Cooma and back. Dudley, upon seeing the advertisement, purchased a ‘Long Haul’ bicycle with the aim of competing for the prize. Two days later, while on his way back from Cooma, he stopped briefly at the local football club in Queanbeyan for a drink and a rest.

While at the club, he read that day’s issue of The Sydney Morning Herald and saw a notice that Funbikes Ltd had cancelled its offer of the $5,000 prize. Nevertheless, Dudley continued with his ride. Upon his return to Sydney he discovered that he was in fact the first and only person who had complied with the terms of Funbikes Ltd’s offer.

Dudley seeks your advice as to whether he has any contractual claim against

Case 17

Angela, Barbara and Cindy entered into a deed to which all three were parties and which stipulated that Barbara would paint Angela's garage and in return Angela would pay Cindy $1,500. The $1,500 was to be paid immediately upon the execution of the deed.

After Barbara had completed approximately half of the painting work, the garage was totally destroyed when the engine of a helicopter flying in the area failed and the helicopter crashed from the air directly into Angela's garage. Angela, who had not paid the $1,500 to Cindy as stipulated in the deed, has now refused to make the payment.

Cindy seeks your advice as to whether she can, pursuant to principles of common law, sue Angela for damages to recover the unpaid $1,500.

Case 18

James is a partner of a large law firm. Marion is a junior Solicitor who has recently joined the firm, and works under the supervision of James. Over the first 6 months of her employment, James and Marion have flirted in the office. James and Marion are ‘friends’ on Facebook. Despite having a boyfriend, Ethan, Marion has described James as “hot” in posts to her friends.

At the firm Christmas party, James and Marion drink excessively and continue to flirt with each other. At one point, James says to Marion:

“You have been teasing me for 6 months. You know I want you. Next year I am going to be appointed as Managing Partner. You have to realize that there is nothing wrong with sleeping your way to the top. I always make sure people who show initiative get promoted.”

Marion does not respond to this comment, and changes the subject of the conversation. At the end of the party, Marion invites James to her house for a “cup of coffee”.

When they arrive at the house, Marion offers James a drink of scotch, and they continue to drink for a further hour. Marion passes out. James starts kissing Marion. James thinks that he hears Marion say “Yes”, but she remains unconscious. James has sexual intercourse with Marion. While he is on top of her, Marion awakes and says “What are you doing?”

However, James continues with the sexual intercourse until he hears the door open behind him.

Ethan, Marion’s boyfriend, has arrived home from work. Ethan exclaims “Get away from her you scumbag!” and tackles James. James breaks free and picks up a heavy vase.

James hits Ethan over the head with the vase as Ethan is lying on the floor. Ethan is knocked unconscious, but does not die.

Discuss the criminal liability (if any), including any relevant defenses, of James.

Case 19

Peter has recently been released from prison after serving a sentence of ten (10) years for committing a number of violent crimes. He decides to start a new life with the help of Beth, his younger sister. Beth is a devout Christian. Peter has become a born again Christian after leaving jail. At church one Sunday morning, Beth tells Peter that she is regularly beaten up by her husband, Sam, whenever he returns home drunk.

Peter and his sister agree that Peter should "beat some sense" into Sam, as the Old Testament of the Bible refers to and "eye for an eye". Beth agrees to lure Sam to a secluded spot on the riverbank, on the pretext that Beth, Peter and Sam are going on a picnic.

At the picnic, Peter changes his mind, and decides to try to reason with Sam, as the Bible says to “turn the other cheek”. Peter tells Sam that he is appalled by Sam’s treatment of his sister, and that violence is never acceptable. Sam responds:

“What would you know, you good for nothing piece of prison scum! She gets what she deserves. Go screw your sister and your Holy Mother of God!”

Peter is enraged by the comments, but does not respond immediately. Beth, after overhearing the conversation between Peter and Sam, shouts at Peter:

“Are you going to let him get away with that? I thought you were here to help me!”

Peter grabs Sam by the throat and pushes him into the river. He holds Sam’s head underwater for a few seconds, and then pulls Sam’s head out of the water. He repeats this process five (5) times. Beth, frightened that Peter may kill Sam, runs to her bag to get her mobile phone, so she can call the police. Before she gets to her bag, Peter again plunges Sam’s head under water and holds it there for two (2) minutes. Sam dies from drowning.

Discuss the criminal liability (if any), including any relevant defenses, of Peter and

Beth.

Case 20

Bill is a 20 year old man who has recently separated from his long-time girlfriend, Isabel. After the separation, Bill suffers a major depressive disorder, for which he takes antidepressant medication. Bill has suffered from periods of depression since he was a teenager.

Bill is excited because it is the day of the rugby league grand final and his favorite team, the Newcastle Knights, is playing their bitter rivals, the Brisbane Broncos. Just before the game starts, Bill’s mother telephones him and tells him his beloved grandmother, Edith, has died. Bill goes to his local pub, the Prince of Wales Hotel, to watch the game. Due to a number of appalling decisions by the referee, the Knights lose the game in ‘golden point’ extra time.

Bill consumes six (6) full strength glasses of beer while watching the game. He starts to feel “light headed” and as though he has no control over his actions. Soon after the game ends, Bill sees Isabel talking to Derek, a man wearing a Brisbane Broncos jersey. Bill walks up to Derek and breaks a beer glass on the side of the bar. He then plunged the broken glass into Derek’s face, causing Derek to stagger backwards and fall. As he is falling, Derek strikes his head on the side of a pool table. Derek suffers a brain hemorrhage and dies.

Discuss the criminal liability (if any), including any relevant defenses, of Bill.

Case 21

John is a timid 18 year old man who idolizes his older brother, Keith. Keith is a 30 year old man who has recently been released from prison. Keith has a long criminal history, including convictions for aggravated robbery and aggravated assault. Since leaving jail on the last occasion, Keith has told John that he is determined to “change his ways”.

John has been repeatedly bullied at work by his boss, Fred, but is afraid to stand up to him. John tells Keith about the bullying he has suffered. Keith responds that the best way to deal with a bully is to “Give him a smack in the head”. Keith convinces John that the best course of action is for John to come with Keith to Fred’s house, so that Keith can talk to Fred “Man to man”. Keith tells John:

“If he does not agree to leave you alone, I will rearrange his face. He has to realize that he can’t hassle my kid brother”.

Before leaving to go to Fred’s house, John notices Keith put a hammer inside his hooded jacket. John asks why Keith is taking a hammer with him, and Keith replies: “Insurance”.

When they arrive at the house, John knocks on the door and Fred opens it. Keith shouts at Fred:

“You scumbag. How dare you bully my kid brother? You have me to deal with now.