Civil Litigation Task 1

Proofmaking analysis Level 1 Source Law – law of contract Level 2 Cause of Action – breach of contract Level 3 Elements Level 4 Facts Level 5 Evidence Contract (elements of formation) 1. Offer and Acceptance – Riley McGinty offered work over music festival called Extravagaza Folk and Blues Festival, done by his company named Happy Mercury Festivals Pty Ltd to Lesley Hoeben. The festival was to be organised for 5 days at the Carrillion Estate in Hamilton. Lesley accepted the offer by agreeing upon the staff and services Lesley would provide at the festival Statement of Lesley Heoben 2. Intention to Create Legal Relations - Riley McGinty, Director of HMF contacted/approached Lesley Heoben from Trouble Free Events with a request for help with music festival called “Extravaganza Folk and Blues Festivel.” Statement of Lesley Heoben 3. Consideration – Lesley Heoben agreed to work on all events done by Happy Mercury Festivals Pty Ltd for the next 12 months without a formal contract due to past relations and prospects of 12 months worth of future work Statement of Lesley Heoben Terms of contract 1. 45 security guards from 2pm to 1am (11 hours) at $40.00 per hour. Total cost over 5 days = $99,000.00 1. Statement of Lesley Heoben 2. Email from Lesley Hoeben trading as Trouble Free Events 2. 25 people for collecting and removing of rubbish between 2pm and 1am (11 hours) at $25.00 per hour. Total cost over 5 days = $34,375.00 1. Statement of Lesley Heoben 2. Email from Lesley Hoeben trading as Trouble Free Events 3. Rubbish dumping at $3,000.00 per day. Total cost over 5 days = $15,000.00 1. Statement of Lesley Heoben 2. Email from Lesley Hoeben trading as Trouble Free Events 3. Total Cost Plus GST = $163,212.50 1. Statement of Lesley Heoben 2. Email from Lesley Hoeben trading as Trouble Free Events 4. Riley’s agreement to pay 10% of total cost upfront (Including GST) = $16,321.23 Pending costs to be paid within 15 dats of the end of the event 1. Statement of Lesley Heoben 2. Email from Lesley Hoeben trading as Trouble Free Events Performance (by both parties) Riley agreed to payment of 10% of the fees upfront, and deposited a sum of $16,321.25 into Lesley’s nominated bank account Email from Happy Mercury Festivals Pty Limited Lesley provided the following services to Riley’s Extravaganza Folk and Blue’s event: 1. 45 security guards from 2pm to 1am (11 hours) at $40.00 per hour, for 5 days 1. Statement of Lesley Heoben 2. Tax Invoice from Lesley 4c4d0aebe540fa043e1572f51557d4db77021fb0.docx Page 1 of 2 © The College of Law Limited