Case Analysis. PIRAC Method. Law Case Study Essay Paper

Question 1 is concerned with contractual exclusion clauses, and Question 2 is concerned with contract formation and offer and acceptance. you should only choose one question. the related questions are in the attachment.
must use the PIRAC Method in answering the question you choose!!!
Word Limit: 2000 words maximum
Referencing: include references to books, journal articles, cases and any applicable legislation using the Harvard System (copy supplied to you during Orientation, or access it through the University of Tasmania Library website)
should have more than 5 reference.
you should follow the rubric in the attachment.

BFA141 Commercial Transactions Major Assignment CHOOSE either Problem A OR Problem B Problem A Sarah is off to a lengthy shopping expedition to Southpark, which is a multi-story retail centre. She parks her car in an underground car park operated by Carefreeparking LLC. At the entrance to the car park is a large sign which reads: “Number plate recognition operates in this car park. Parking subject to conditions – see inside. Pay at pay station inside Shopping Centre before leaving. No liability accepted”. Sarah parks her car and does not think to look for, nor did she see, the parking conditions. She returns a few hours later and finds that her car is missing. Later that day it was found abandoned and destroyed by fire fifty kilometres away. The car was a total loss as were its contents. Neither the car, nor its contents, were insured. The car had a pre-loss market value of RMB45,000 and the contents RMB7,500. On seeking to recover her loss from Carefreeparking LLC Sarah was informed by the Company that parking in the car park was subject to conditions which were prominently displayed at the entrance to the Southpark Shopping Centre from the car park. One of those conditions stated: “Carefreeparking LLC does not accept any responsibility for the loss or damage to any vehicle or its contents or for any injury to any person howsoever such loss damage or injury may arise or be caused”. Required Using the PIRAC method advise Sarah whether she can recover her losses from Carefreeparking LLC making reference to relevant cases and legal principles. Problem B Tom, a local motor-bike mechanic, needed ten mufflers for the Handa GTX2999 bikes that he was doing work on in preparation for a local motor bike competition. He telephoned the manufacturer asking if the parts were available. After checking, the manufacturer told Tom that they had a box in stock which they would sell to him for RMB10,000 and “if you want them, telephone us by close of business this coming Friday”. On Thursday, Tom wrote to the manufacturer requesting the box of mufflers and gave his credit card details. Due to delays in the post the letter did not reach the manufacturer until the following Monday. On that day the manufacturer telephoned Tom and told him that they had sold the box of mufflers to another customer but they were willing to supply another box but at an increased price which would take about a week be delivered to Tom. Required Using the PIRAC method, is there a valid and enforceable contract between Tom and the manufacturer to supply the box of mufflers for RMB10,000? Advise Tom and the manufacturer as to their respective rights and liabilities. Please refer to relevant cases and legal principles in your answer. INSTRUCTIONS • Word limit: 2000 words maximum • Referencing: include references to cases and any applicable legislation referenced in accordance with the Harvard Referencing System (copy supplied to you during Orientation 2018) • Assessment Rubric: your work will be assessed by reference to the rubric placed on MyLO • Submission: submit your Assignment on or before the due date (to be advised on MyLO. Your tutor will advise you as to the method of submission.