Legal arguments of the respondent

I PART A The case was heard by Court of Appeal – Supreme Court, New South Wales It is the highes court of New South Wales state – Australia which has unlimited jurisdiction in civil and criminal case in this state In the case of King v Adam & Ors, it is the jurisdiction of equity division This is a civil case involving private disputes between individuals or organizations which is heard by the Court of Appeal – the highest civil court in state In this case, the claimants – Mr King will bear the onus of proof There are some material facts that contribute to the decision of court First, Mr Adam created a lottery syndicate with 12 members, including Mr King He bought a ticket for May Powerball and returned $ 13.65 However, Mr Adams also arranged a second syndicate without Mr King to purchase more tickets in the May Powerball who each contributed $50 On May, Mr Adams purchased $592 worth of tickets The winning ticket won a lottery prize of $40,445,165.25 Mr Adams deposed that he kept the cash received from the different syndicates separately However, Mr King made the argument to prove that Mr Adams intends to buy the ticket for the syndicate of $12 The primary judge concludes that Mr Adam took $600 collected from the second indicate which Mr King does not belong to to buy ticket On appeal, counsel for Mr King argued that Mr Adams had only collected $450 at the time the tickets were purchased for the second syndicate It can be seen that the legal issue is whether Mr King is a part of syndicate that won lottery prize or not Mr King is a member of syndicate of 12, however, he says Mr Adam take money from syndicate of 12 to buy lottery ticket for other syndicate Futhermore, Mr King also says that Mr Adam intention is to buy this ticket for syndicate 12 In the appeal court, the inquiry of truth contended on the interest was whether the primary judge ought to have discovered that Mr Adams utilized $150 of cash he held for the syndicate of 12 in the buy of the winning tickets on May 2016 Legal arguments of the appellant - Mr King battles that the primary judge failed in considering and endless supply of the asserted subjective aim of Mr Adams in choosing who Mr Adams planned to be individuals from the - second syndicate On claim he battled that Mr Adams' aim, evaluated dispassionately, was that Mr King was an individual from the second syndicate Basic to this conflict was Mr King's submission that in spite of the fact that the tickets acquired on May 2016 cost roughly $600, Mr Adams had not gathered (so it was said) more than $450 from the individuals from the second syndicate Mr King presented this demonstrated Mr Adams planned to purchase the tickets for the syndicate of 12 in light of the fact - that $50 x 12 = $600 Alternatively, he said that since Mr Adams had not gathered $600 from individuals from the second syndicate by the morning of May 2016, when he obtained the tickets that incorporated the winning ticket, he probably utilized cash held for the syndicate of 12, including the funds held for Mr King, in purchasing the tickets for the second syndicate On that premise, it was said that Mr King had enough condition to receive benefit for the funds held for him Legal arguments of the respondent - That would be an outcome of overturning the primary judge's finding that Mr Adams had gathered $600 from individuals from the second syndicate (counting his own $50) before he acquired the winning ticket on May 2016 The funds gathered by Mr Adams included two entireties of $50 from people who were not - individuals from the syndicate of 12 Every one of the other 13 individuals from the second syndicate gave prove All except two, Xay and Mico, said that they had paid $50 to Mr Adams before May Mr Gyles presented that the essential judge ought to have discovered that three individuals from the second syndicate (who were additionally individuals from the syndicate of 12) had not paid their $50 before Mr Adams' purchasing the tickets on May 2016 They were a Mr Andres, a Mr Singh and a Mr Cheak 7 The Doctrine of Precedent means that the way to decide case will be counted by the previous decisions In this case, the decision of Court of Appeal will be made by consideration of decision made by the primary jugde before and other similar case Brendan Wilfred King v Robert Lawrence Adams, Byrnes v Kendle, Fox v Percy, and Legal Services Board v Gillespie-Jones (Stare decisis) In this case, the the hierarchy of Australian courts are illustrated as the graph below Firstly, the case was resolved by Supreme Court, then when the decision is not reasonable for one party, he will submit to the Court of Appeal from State Supreme which have civil and criminal jurisdiction) The successful party is Mr Adams because he does not to share the winning prize with Mr King Being the plaintiff, Mr King is in charge of court fee for solving the case I think the case decision is not fair in terms of ethics issue However, it is fair when considering legal aspect only Mr Adams intends to dismiss Mr King from new syndicate without any notice He formed a new syndicate, he noticed almost member of old syndicate (syndicate of 12) but not Mr King, and so Mr King did not know about any contribution invitation of the second syndicate Maybe for me, it is not equal to Mr King due to personally emotional actions of Mr Adams to Mr King II PART B 1.Question 1: 1.1 Case Summary and Issue Geni Us, an inventor, announced his formula could be resistant to the XXCC flu virus and he promised to pay $ 20,000 to any customer taking his invented drink and then being infected with XXCC virus Jill bought Geni Us's drink as advertised, but then a week later he found XXCC virus Therefore, the issue will be whether Geni legally forced to give $ 20,000 as a compensation when Jill get a flu due to XXCC virus 1.2 Law/ rules and application In this case, to determine whether Geni Us is legally obligated to pay $ 20,000 for Jil, we first need to understand whether the form of Geni Us's newspaper ad and Jill's actions responding to the ad can set up a form of contract or not Contact term comes from Latin word “contrahare” A contract is defined as an agreement between the parties to establish, change or terminate the rights and obligations in specific social relationships (Australian Consumer Law and Fair Trading Act) A legally binding contract is formed from main elements: agreement between parties, consideration, capacity, intention, genuine consent and legality According to Australian law, a normal newspaper advertisement will be considered as an invitation to treat, not an offer (Partridge v Crittenden) Invitation to treat is not legally bound, it shows that parties prepare to make a deal However, when the advertisement is proposed for an award, it will create a deed point which binds only one party expressing to have an intention Strictly, although the deed point this case it is not a contract, it is still a legal document when it promise public an adward Shen ends the contract but she refused to return training manuals and DVD videos for Remi Remi does not going to court first because it is expensive and time-consuming, so he can follow the steps under Alternative Dispute Resolution ADR to settle the conflict ADR includes other dispute resolution options except the lawsuit, with the help of a third party There are four most common forms of ADR, including negotiation, mediation, collaborative law and arbitration Depending on the severity of the dispute, parties may choose a suitable ADR method As for the case of Remi and Shen, the dispute is little serious, firstly Remi could choose the simplest method of negotiation Negotiation is the first mode of settlement in the dispute resolution process, as the parties to the dispute take the initiative in meeting, discussing and negotiating the rights and obligations of each party At this stage, Remi can emphasize the provision of training manuals and DVDs as part of the contract However, when Shen ends the contract, she has no right to retain it, which is Remi’s asset In the event Shen still refuses to return and says that they belong to her, Remi and Shen can be reached with the assistance of a third party mediator Mediation is also a way of settling disputes that is not subject to the law, and is based entirely on the goodwill of the parties Compared with negotiations, the parties may agree to select an independent, knowledgeable, experienced mediator in dispute resolution to give advice on the rights and obligations of the parties The mediator's opinion is for reference only The outcome of the mediation is the agreement of the parties, not the mediator Assuming reconciliation fails, Remi can think of arbitration In arbitration, there shall be an arbitral tribunal acting as a neutral, independent party, to settle disputes by making binding judgments to the parties Contract is divided into two main categories, unilateral and bilateral contract A unilateral contract indicates that the offeror will have a promise in return for an action of the offeree For example, if you lose your bike, you advertise that you will have a $ 100 reward for finding and returning your bike Meanwhile, bilateral contract shows that the parties promised to something to exchange mutual benefits For example, in daily life situations, a bilateral contract can be counted as a daily purchase at a store You will pay the seller when the seller gives you an item According to this view, it is possible that Geni Us's advertisement is a form of unilateral contract Therefore, it is easy to see that Geni's ad is not simply an invitation to treat, it also includes a promise of $ 20,000 in the event of a customer using his water and still detecting the flu XXCC virus Jill can legally receive money from Geni if he has enough evidences to prove that he catched the virus A similar case was found that is a famous case of Carlill v Carbolic Smoke Ball Co Carbolic is a pharmaceutical company The company invented smoke ball and propagated it as a perfect medicine that could protect users from any flu In order to assure the quality of this drug, company has deposited £ 1,000 in the bank and will give £ 100 to anyone who is infected with the flu When it comes to lawsuits, Carbolic claims that the advertisement is not so serious, it is not a legally binding offer Otherwise, it is considered a "mere puff" Nevertheless, court of appeal determined that the promise for public was usually a contractual promise and was legally bound because it has the content of promises for a reward, as well as demonstrates certainty through a £ 1,000 deposit Shen ends the contract but she refused to return training manuals and DVD videos for Remi Remi does not going to court first because it is expensive and timeconsuming, so he can follow the steps under Alternative Dispute Resolution ADR to settle the conflict ADR includes other dispute resolution options except the lawsuit, with the help of a third party There are four most common forms of ADR, including negotiation, mediation, collaborative law and arbitration Depending on the severity of the dispute, parties may choose a suitable ADR method As for the case of Remi and Shen, the dispute is little serious, firstly Remi could choose the simplest method of negotiation Negotiation is the first mode of settlement in the dispute resolution process, as the parties to the dispute take the initiative in meeting, discussing and negotiating the rights and obligations of each party At this stage, Remi can emphasize the provision of training manuals and DVDs as part of the contract However, when Shen ends the contract, she has no right to retain it, which is Remi’s asset In the event Shen still refuses to return and says that they belong to her, Remi and Shen can be reached with the assistance of a third party mediator Mediation is also a way of settling disputes that is not subject to the law, and is based entirely on the goodwill of the parties Compared with negotiations, the parties may agree to select an independent, knowledgeable, experienced mediator in dispute resolution to give advice on the rights and obligations of the parties The mediator's opinion is for reference only The outcome of the mediation is the agreement of the parties, not the mediator Assuming reconciliation fails, Remi can think of arbitration In arbitration, there shall be an arbitral tribunal acting as a neutral, independent party, to settle disputes by making binding judgments to the parties 1.3 Case conclusion: Whether an advertisement is considered a legal document or not is a matter of looking carefully because it depends on content of the advertisement Normal advertising will not be considered a legal offer but only as an invitation to treat (Pharmaceutical Society of GB v Boots Cash Chemists (Southern) Ltd) However, if the advertisement contains content related to the promise of a prize/ reward in exchange for an action, the advertisement will be legally bound, and will be treated as a unilateral contract Question 2: II.1 Valid contract Shen who is 15 year-old and Remi enter a 3-year training contract The contract has clear provisions on the terms between Shen and Remi Remi gives Shen training sources as a part of contract In addition, Shen also has an Amani store special clothing and skates order valued at $ 20,000 These items are shortly dued the time of payment and delivery However, Shen changed her mind, she want to get out of these two agreements The issue here is to determine whether Shen’s agreement with Remi and with the store was valid contracts and which one she is under law of conduct Shen ends the contract but she refused to return training manuals and DVD videos for Remi Remi does not going to court first because it is expensive and time-consuming, so he can follow the steps under Alternative Dispute Resolution ADR to settle the conflict ADR includes other dispute resolution options except the lawsuit, with the help of a third party There are four most common forms of ADR, including negotiation, mediation, collaborative law and arbitration Depending on the severity of the dispute, parties may choose a suitable ADR method As for the case of Remi and Shen, the dispute is little serious, firstly Remi could choose the simplest method of negotiation Negotiation is the first mode of settlement in the dispute resolution process, as the parties to the dispute take the initiative in meeting, discussing and negotiating the rights and obligations of each party At this stage, Remi can emphasize the provision of training manuals and DVDs as part of the contract However, when Shen ends the contract, she has no right to retain it, which is Remi’s asset In the event Shen still refuses to return and says that they belong to her, Remi and Shen can be reached with the assistance of a third party mediator Mediation is also a way of settling disputes that is not subject to the law, and is based entirely on the goodwill of the parties Compared with negotiations, the parties may agree to select an independent, knowledgeable, experienced mediator in dispute resolution to give advice on the rights and obligations of the parties The mediator's opinion is for reference only The outcome of the mediation is the agreement of the parties, not the mediator Assuming reconciliation fails, Remi can think of arbitration In arbitration, there shall be an arbitral tribunal acting as a neutral, independent party, to settle disputes by making binding judgments to the parties As in Part I above, we understand what a contract is, and when a contract is established the parties will legally bound In order to understand the validity of a contract, we will examine all aspects of the contract formation For the case of Shen and Remi, it is possibly a contract because it is an Agreement – offer and acceptance Agreement here is expressed by Shen's desire and suggesting Remi's training, and Remi agreed by signing the contract and then providing documentation to Shen as promised Moreover, they have Intention to legally binded: two parties express their intention by entering into a written contract Consideration is the promise of exchanging equivalent values, where Shen will have to pay a fee corresponding to Remi’s training Remi However, there may be exceptions where a minor can still participate in a valid contract for "necessity" such as education, employment, or when buying something with grants from parents as Statute of Frauds 1677 If there is a condition in contract saying that she will get the penalty when breaching contract, Remi can get a remedy when sueing to the court However, if there is not, Shen can get out of the contract without compensation because she is not old enough to be legal bound by a contract Thus, in the case of Shen and Remi, Shen can breach the contract without a remedy for Remi because she is a minor entering into a contract with no grants (Minor Act 1970) ……………………… Shen ends the contract but she refused to return training manuals and DVD videos for Remi Remi does not going to court first because it is expensive and time-consuming, so he can follow the steps under Alternative Dispute Resolution ADR to settle the conflict ADR includes other dispute resolution options except the lawsuit, with the help of a third party There are four most common forms of ADR, including negotiation, mediation, collaborative law and arbitration Depending on the severity of the dispute, parties may choose a suitable ADR method As for the case of Remi and Shen, the dispute is little serious, firstly Remi could choose the simplest method of negotiation Negotiation is the first mode of settlement in the dispute resolution process, as the parties to the dispute take the initiative in meeting, discussing and negotiating the rights and obligations of each party At this stage, Remi can emphasize the provision of training manuals and DVDs as part of the contract However, when Shen ends the contract, she has no right to retain it, which is Remi’s asset In the event Shen still refuses to return and says that they belong to her, Remi and Shen can be reached with the assistance of a third party mediator Mediation is also a way of settling disputes that is not subject to the law, and is based entirely on the goodwill of the parties Compared with negotiations, the parties may agree to select an independent, knowledgeable, experienced mediator in dispute resolution to give advice on the rights and obligations of the parties The mediator's opinion is for reference only The outcome of the mediation is the agreement of the parties, not the mediator Assuming reconciliation fails, Remi can think of arbitration In arbitration, there shall be an arbitral tribunal acting as a neutral, independent party, to settle disputes by making binding judgments to the parties Also, we consider the elements that form a contract to conclude that place a purchasing order will create a contract or not There are two case that order is made under a signed document, the other is not If Shen just makes an order but she does not sign any document that reflect the certainty of buying and the product has not been delivered and the buyer has not made a payment, it can not form a contract Shen can cacel without any remedy However, if she has a written document of order, and the good ordered is very valuable – $20,000 in this case, just made under an order, she will be under a legal contract which is bilater contract Shen can only terminate the contract without penalty in case there are terms that allow that to happen Therefore, when Shen unilaterally terminates the contract, the store could sue Shen for breaking the contract If Shen cancels the order for the special outfit, the shop will suffer from the loss In conclustion, the buying order in this case will be a bilateral contract although Shen is 15 years old The goods ordered is considered as necessity and the contract formation will exclude age factor of buyer A contract formed means when the buyer has paid and received the goods, the seller will comply with their commitment, such as commitment to the warranty of goods, commitment to customer care, commitment to the discount for after-sales service, commitment on gifts, commitment to product quality as described, etc and the buyer will not be allowed to return the goods in cases not specified in the contract II.2 Conflict resolution Shen ends the contract but she refused to return training manuals and DVD videos for Remi Remi does not going to court first because it is expensive and time-consuming, so he can follow the steps under Alternative Dispute Resolution ADR to settle the conflict ADR includes other dispute resolution options except the lawsuit, with the help of a third party There are four most common forms of ADR, including negotiation, mediation, collaborative law and arbitration Depending on the severity of the dispute, parties may choose a suitable ADR method As for the case of Remi and Shen, the dispute is little serious, firstly Remi could choose the simplest method of negotiation Negotiation is the first mode of settlement in the dispute resolution process, as the parties to the dispute take the initiative in meeting, discussing and negotiating the rights and obligations of each party At this stage, Remi can emphasize the provision of training manuals and DVDs as part of the contract However, when Shen ends the contract, she has no right to retain it, which is Remi’s asset In the event Shen still refuses to return and says that they belong to her, Remi and Shen can be reached with the assistance of a third party mediator Mediation is also a way of settling disputes that is not subject to the law, and is based entirely on the goodwill of the parties Compared with negotiations, the parties may agree to select an independent, knowledgeable, experienced mediator in dispute resolution to give advice on the rights and obligations of the parties The mediator's opinion is for reference only The outcome of the mediation is the agreement of the parties, not the mediator Assuming reconciliation fails, Remi can think of arbitration In arbitration, there shall be an arbitral tribunal acting as a neutral, independent party, to settle disputes by making binding judgments to the parties The rising popularity of ADR can be explained by it advantages:            Suitable for multi-party disputes Lower costs Likelihood and speed of settlements Flexibility of process Parties' control of process Parties' choice of forum Practical solutions Wider range of issues can be considered Shared future interests may be protected Confidentiality Risk management Cases Brendan Wilfred King v Robert Lawrence Adams and 14 Ors [2016] NSWSC 1798 Byrnes v Kendle (2011) 243 CLR 253; [2011] HCA 26 Carlill v Carbolic Smoke Ball Company (1893) QB 256 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 King v Adams & Ors [2017] NSWCA 277 (6 November 2017) Legal Services Board v Gillespie-Jones (2013) 249 CLR 493; [2013] HCA 35 Partridge v Crittenden (1968) ALL ER 421 The Statute of Frauds (29 Car c 3) (1677) Pharmaceutical Society of GB v Boots Cash Chemists (Southern) Ltd [1956] EWCA 6, [1953] QB 401 Legislation Minors (Property and Contracts) Act 1970 No 60 Australian Consumer Law and Fair Trading Act 2012 (Vic) ... resolution to give advice on the rights and obligations of the parties The mediator's opinion is for reference only The outcome of the mediation is the agreement of the parties, not the mediator Assuming... resolution to give advice on the rights and obligations of the parties The mediator's opinion is for reference only The outcome of the mediation is the agreement of the parties, not the mediator Assuming... resolution to give advice on the rights and obligations of the parties The mediator's opinion is for reference only The outcome of the mediation is the agreement of the parties, not the mediator Assuming