Topic: Assignment � Legal Case Study
The person who will do this must has knowledge about Australian law
Assignment – Legal Case Study
You work at an engineering consultants company known as FineDesign.
Mr Stephenson was the Director of a construction company, High & Mighty. Mr Stephenson called FineDesign and advised he
wanted to build a bridge (for both transport and pedestrians) over the Yarra River.
You negotiate the terms of engagement with High & Mighty on behalf of FineDesign and the two companies enter into a contract
for FineDesign to prepare the engineering for the bridge. A term of the contract is the Work Period was 2 months commencing
on the day of the Contract and ending once High & Mighty accept the engineering documentation which is evidenced by a
Certificate of Completion. If the works take longer than the Work Period (ie, longer than the 2 months), FineDesign must pay
High & Mighty the amount of $1,000 per week until the works are complete.
After one and a half months you provide all the engineering documentation to High & Mighty. High & Mighty review the
engineering documentation and commence construction of the bridge on the basis of the documentation. No Certificate of
Completion is provided by High & Mighty. About 5 months after you provide the engineering documentation, High & Mighty
contact you to advise the engineering computations in the documents are incorrect.
(1) As you did not get the Certificate of Completion, is FineDesign liable to pay $1,000 a week? What would you argue on
behalf of FineDesign?
(2) As 5 months has passed since High & Mighty accepted the engineering documentation, can the contractual terms be varied by
conduct? As a manager of FineDesign what steps can be taken to prevent such conduct varying the terms of the contract?
(3) In addition to the $1,000 per week, what else can High & Mighty claim for breach of contract? What principles does High &
Mighty need to prove?
(4) If you were the manager of High & Mighty what steps could you have taken to ensure the documentation is correct and to
protect your company’s interests under the contract?
You should state the assumptions upon which your answers are based. In you answer you should detail and identify the issues
of law and relevant court cases and the range of likely outcomes for each party and the legal basis of those outcomes.
Note:you should attach the list of your references to your report.