Western Sydney University School of Law 200011 Contracts Autumn 2019 Moot Problem for Stuvac Week (10 – 14 June 2019) Xander Harris v Harmony Kendall…
Hi, can you please help me to examine the unconscionable dealing claim of Harmony Kendall to return the car. im very confused in finding points to talk about in this specific area?
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Western Sydney UniversitySchool of Law200011 Contracts Autumn 2019Moot Problem for Stuvac Week (10 – 14 June 2019)Xander Harris v Harmony Kendall(Note: this scenario involves details about drug addiction. If needed, links to support and referralservices are included at the end of the moot problem.]FactsXander Harris is a successful carpenter and currently possesses a New South Wales ‘EndorsedContractor’ licence in carpentry (the highest form of licence available for carpenters). He owns alarge farm-like property on the outskirts of Sydney on which he likes to build small and very cutecottages ‘just for fun’. Xander is also a tragic romantic who has fallen deeply in love with severalpeople in his life, all of which have ended badly.Harmony Kendall is a professional architect, although one with unusual proclivities. She is a covertheavy cocaine user and addict. * She also collects vintage cars, which she usually drives whenvisiting clients. She currently owns a 1972 Jaguar E-Type Series 3. Further, she recently ended along-term relationship and is without a permanent home (for herself or her car).Xander first meets Harmony at a house that Harmony has been hired to re-design and for whichXander is providing the carpentry services, Xanderfalls in love with Harmony at first sight. He isstruck by her poise and architectural plans for the house. Xander immediately carves a small,wooden heart out of a piece of wood and gives it to Harmony as a present. Harmony accepts thetrinket but places no great value on it.Xander and Harmony continue to meet regularly as part of the team of contractors planning andexecuting the re-design of the house. These meetings mean a great deal to Xander – he turns upearly, always brings Harmony a cup of coffee and seems to listen to her every word. He does startto realise, though, that she seems particularly lethargic at certain times of the day but tends to be’full of energy’ after a quick visit to the bathroom. He does not ask her about this behaviouralthough he does think it is strange.Harmony pays little regard to Xander’s gifts and attention but she has come to realise how skilful heis at carpentry. She gradually asks him to do more and more ‘variations’ [additional work] on thehouse- always requiring specialist skill – which Xander agrees to but he refuses to accept paymentfor the additional work. He feels like he would ‘do anything’ for her. He has noticed the beautifulcar she drives to work and dreams about owning such a car one day.Eventually, Xander asks Harmony out for dinner – a ‘date’ – at his house. She accepts. She drivesout to his place in her E-Type Jaguar. During dinner, Harmony seems to become increasinglyagitated. She reveals that she has a housing problem and that the friend whose apartmentHarmony has ‘couch-surfed" at for a few weeks will ask her to leave in the next day or two.Harmony says, ‘I really don’t know what to do; I have no family here – I’m worried my next step willbe living on the street or in my car.’ Her agitation continues to grow and Xander becomes veryconcerned about what she might do. Finally, he says, ‘Look – there are a number of little cottages1
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