Retirement Village Contract: Misrepresentation and Breach of Contract, Exercises of Law

Download Retirement Village Contract: Misrepresentation and Breach of Contract and more Exercises Law in PDF only on Docsity! Contract Maggie and her son, Arthur, decided that the time had come for Maggie to move into a retirement village. There was a new one being built near Arthur’s home, so they decided to investigate. The Retirement Village Manager supplied them with a brochure, information booklet and draft contract. Assume the following conversations and events took place. - Maggie noticed the draft contract had a ‘no pets’ clause. She had a faithful pet, a budgie called Robbie, who had lost his voice. She asked if it would be OK for her to keep him in the unit as she couldn’t bear to part with him. The Manager said that would be alright. - The information booklet said there was storage available for caravans. Maggie was excited about this. She later used some of her savings to buy a caravan, intending to store it at the Village. - Maggie liked the look of the colour scheme in the brochure but the Manager said if she signed before completion, she could choose the colours in her unit. - She was told the cost of the unit would be $150,000 plus a management fee of $30 per week. - Maggie signed up before completion of the units occurred and was allocated a unit. Unfortunately things did not get off to a good start. She was never asked which colour she would like in her unit and she didn’t like the pink coloured walls. She was told she had to pay an extra $2 per week to store her caravan as it was not included in the $30 per week management fee. She has had her caravan parked in the Retirement Village’s shed but is refusing to pay the $2 extra per week. She has been told to get rid of ‘Robbie’. TASK Using common law contract principles, discuss whether the Manager of the Retirement Village has engaged in misrepresentation and/or has breached its contract with Maggie and what the consequences might be. Use legal principles and cases in your answer. You may make reasonable assumptions but must state what they are. Docsity.com