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发表于 2011-8-15 03:30:17
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帮我看一下这个CASE,我下周要去MOOT,我跟组员讨论了半天,结论是只有MISLEADING ,MISREPRESENTATION 可以去ARGUE。请你帮着找找D的其他论点,拜托了!:qz:
Moot Problem 2011
Luke Johnston ran a large and successful cattle station in Alpine Victoria. This
region is known for rough terrain and wet tracks - inaccessible via vehicles.
Luke decided to buy a new horse for driving cattle around his station. He took
all precautions because the last two horses he had purchased had died
within a year from various diseases.
Andrew and Lill Barnes lived on a station down the road from Luke and had
mentioned to him that they had a solid, hardworking cattle horse for sale, so
Luke went to see them. On arrival, Luke found that Mr and Mrs Barnes were
nowhere to be seen, so he spoke to their foreman, Matthew James. When
asked where the Barnes were, Matthew told him that they were on holiday in
Bali, but had left him in charge of the station. Matthew told him that the price
for the cattle horse would probably be around $15,000 but he was not sure.
Matthew said that the horse's name was 'Cattle Calmer' and was 2 years old.
He also informed Luke that Cattle Calmer had in fact been broken in by the
famous horse breaker, Ritchie Reynolds.
From his observation, Matthew said that the horse had always worked well, but
had to be sold because the Barnes were scaling down their farming operation
due to lack of market demand for their cattle. Matthew took Luke down to the
paddock to inspected the horse carefully. Luke saddled up Cattle Calmer and
proceeded to test the horse's mustering abilities on a few of the Barnes' calves.
The horse lived up to its name and worked the calves well.
Luke was pleased with Cattle Calmer, but told Matthew he wanted to have it
checked by the local veterinarian, Dr Ann Jones before he committed to the
purchase. Luke explained to Matthew that he was specifically looking for a
thoroughbred and asked a few questions regarding its linage and any known
hoof problems. Matthew said that he thought Cattle Calmer was bred from
Grand Charmer, a champion thoroughbred stallion renowned for its excellent
hooves. Matthew recalled that Cattle Calmer was the off-spring of Grand
Charmer and Daisy, a well regarded mare. Matthew told Luke that, to the best
of his knowledge, Cattle Calmer had never had any health problems. He added
that Cattle Calmer had already been on the farm when he started working there
only a year or so ago.
Four days later, Luke arranged for Dr. Jones to examine Cattle Calmer at
the Barnes' station. Dr. Jones found that the horse had a little bit of rubbing
around the hind legs, but told Luke that she could otherwise not find any
problems with Cattle Calmer.
After receiving the results of Dr. Jones’ examination, Luke immediately sent
Matthew a text message offering $13,000 for the horse. Matthew was busy
with the cattle and did not read the message until 30 minutes later. He then
rang Luke saying he could not possibly accept any less than $14,000 for Cattle
Calmer. Luke stated that he would buy the horse at that price.
Within the hour, Mr and Mrs Barnes returned home from their holiday.
Matthew happily told them that he had sold Cattle Calmer. Mr and Mrs
Barnes were furious. They told Matthew that he no longer had a job with them
as they had trusted him with the farm while they were away on holiday, and he
had abused their trust and confidence – he should not have been negotiating
on their behalf for the sale of Cattle Calmer. They asked Matthew what price
he had received for the horse to which he replied ‘$14,000’. Mr and Mrs
Barnes were even more angry and frustrated as they had already responded
to an inquiry from Joe Potter as to Cattle Calmer for a price of $16,000.
In the meantime, Luke had gone into town and run into Nathan Thompson,
a well known horse breeder in the Alpine area. Luke mentioned to him that
he had purchased a horse named Cattle Calmer. Nathan said that from what
he had heard the horse should be called Cattle Kaos and that it was not a
thoroughbred at all. He also mentioned that the breed was known for their bad
hooves. Luke was shocked and upset and decided that he did not want the
Barnes’ horse anymore.
Joe Potter soon heard about Luke’s situation from Nathan and immediately
called the Barnes' stating that he was absolutely, positively, no longer
interested in purchasing their inferior horse.
The Barnes' called Luke the next day to organise payment and exchange of
Cattle Calmer. Luke exclaimed down the line that he no longer wanted to
purchase their inferior horse. The Barnes' insisted that there was a contract and
if he did not pay within the next 21 days they would ‘see him in Court’.
Luke refused to pay. The Barnes’ (plaintiff) commenced an action against
Luke (defendant) in the local court claiming damages for the loss of the value
of the horse, which is stated to be $14,000 plus legal costs.
Andrew and Lill Barnes are the plaintiff.
Luke Johnston is the defendant. |
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