Moot Assignement

IN THE MOOT COURT OF QUEENSLANDNO 376/2009
BETWEEN: FITLIFE EQUIPMENT lease LTD
PLAINTIFF
AND GO FITNESS PTY LTD
DEFENDANT
OUTLINE OF ARGUMENT
OF THE DEFENDANT
instrument panel of Contents:
I.Table of Authorities
II.Statement of the issue
III.Statement of the facts
IV.Argument
V.Conclusion
I.TABLE OF AUTHORITIES
1.Doyle v Olby (Ironmongers) Ltd [1969] 2 QB 158
2.Derry v Peak (1889) 14 App Cas 337, 374-5 per noble Herschell
3.Crescendo Management Pty Ltd v Westpac Banking Corp, 1988, 19 NSWLR 40, 45-46 per McHugh J
4.46D-E., New South Wales honor Reports/19 NSWLR/CRESCENDO MANAGEMENT PTY LTD V WESTPAC BANKING CORPORATION - (1988) 19 NSWLR 40 - 23 December 1988
5.Universe Tankships Inc of Monrovia v outside(a) Transport Workers Federation [1983] 1 AC 366 at 384 per Lord Diplock.
6.Barton v Armstrong [1973] 2 NSWLR 598;[1976] AC 104
7.New South Wales Law Reports/19 NSWLR/CRESCENDO MANAGEMENT PTY LTD V WESTPAC BANKING CORPORATION - (1988) 19 NSWLR 40 - 23 December 1988
8.Trade Practices Act 1974, s.52, 5

II. description OF THE ISSUE
1.



Fitlife Equipment Hire Ltd submitted into the Moot Court of Queensland the legal issue regarding the draw between the Plaintiff Fitlife Equipment Hire Ltd and the Defendant GoFitness Pty Ltd.
2.The issues in animosity are:
a.Is the Defendant guilty of the repudiation of the contract?
b.If so, what remediation (if any) ought to be imposed on the Defendant?
3.The Defendant disputes twain the first and the second issues, considering that the contract into which he entered with the Plaintiff is modify both by misrepresentation and by duress. These matters will be further explained.
III.STATEMENT OF THE FACTS
1.FitLife Equipment Hire Ltd the Plaintiff leases gymnasium equipment to gyms in south-east Queensland. GoFitness Pty Ltd the Defendant owns and operates a chain of gymnasiums on the lucky Coast.
2.On September 22 2008, GoFitness entered into a written...If you want to procure a full essay, order it on our website: Orderessay



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