Question 1
Dannie and Jack have been living together as partners for 18 months. They are both working full time and renovating their home (which is owned by Jack). The renovation is taking too long so Dannie and Jackie decide that Dannie will quit her job so she can work full time on the renovations. So that Dannie has some income Jack offers to pay her $2000 a month until completion of the renovation and any reasonable time it takes her to find a new job afterwards.
Six months later and with the renovations incomplete they split up on bad terms. Jack has paid only two months instalments. It takes Dannie six months to find a new job. Dannie wishes to sue Jack for 10 months outstanding instalments ($20,000).
Do you believe that Dannie can succeed?
(In your answer please focus on contractual law principles. Students are not required to research Family law legislation) (400-500 words)
20 marks
Question 2
Delia Smythe-Robertson and Daphne Townsend undertake their annual visit to an exhibition at the local museum. This time it is an inter-active dinosaur exhibition. As they proceed through the show Daphne is suddenly confronted by a large, mechanical brontosaurus which roars, opens and closes its jaws and drops saliva on her. She is so shocked that she falls over the safety railings into the teradactyl enclosure breaking an arm and dislocating a hip causing permanent damage. She wishes to sue the museum.
On the back of her entry ticket, in small print, there is a notice that states:
This is an interactive exhibition that may shock participants. Patrons enter the exhibition at their own risk. The museum accepts no liability whatsoever for any injury, damage or loss arising directly or indirectly to patrons from their attendance at the exhibition.
Daphne is not aware of this disclaimer.
There is a relatively large and visible notice using the same words located inside the entrance to the exhibit but which is not visible at the time of purchasing the entry ticket.
Do you believe that the museum can rely on this disclaimer and prevent Daphne from successfully suing for her injury?
(400-500 words)
20 marks
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