Here is the synopsis of our sample research paper on Australian Law - The Case of a Lost Holiday and a Lost Wallet. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 4 page paper applies Australian law to 2 fictional cases. In the first case an earthquake prevents a holiday going ahead, the holiday makers have not bought insurance and want a refund on their holiday. In the second case a drunken guest at a hotel wakes up and believes that their wallet has been stolen and assesses the potential liability of the hotel. The bibliography cites 8 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEauliablaw.rtf
Buy This Term Paper »
Unformatted sample text from the term paper:
to the terms and conditions did not include insurance. There is no dispute regarding in whether or jot a contract existed, but following the earthquake and the destruction of the
accommodation A and B want to cancel and get their money back, but the tour company are saying that the package is not refundable, and that as a result they
had lost their money. They point at the clause in the contract which states that it is up to the travellers to obtain insurance. When looking at this the
issue in whether or not there can be any resource on the travel agents, there is a clause in the contract that states the agency cannot be held liable for
any loses howsoever they are caused. This alone is not sufficient, but the issue is one of frustration so this needs to be considered,
Frustration is defined in the case of Cricklewood Property v Leightons Trust [1945] AC 211 at 228 as "The premature determination of an agreement between parties, lawfully entered
into and in the course of operation at the time of its premature determination, owing to an occurrence of an intervening event or change in circumstances so fundamental as to
be regarded by the law both as striking at the root of the agreement, and as entirely beyond what was contemplated by the parties when they entered into the agreement"
(Lexis, 2009). Therefore, frustration can only be seen to occur as a result of events that take place after the contract has been agreed. Cases that can be looked at
include that of Taylor v Cadwell (1836), where a contract was deemed to be ended as it was frustrated due to the physical destruction of the subject matter of the
...