COMPANY AND COMMERCIAL LAW


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There are excellent parks, playgrounds, creeks and rivers within the boundaries of Darebin City Council. The Council vigorously promotes their facilities to public with an intention that their facilities may be used by the wider community. The Council places an advertisement in the local newspaper on 22 December, 2013:
“2014 Australia Day Event: Finding Nemo- Fishing Competition at Darebin Park”
Fishing enthusiasts! Come and find Nemo in the Darebin River. We have tagged and released a fish called “Nemo” in Darebin River. Whosoever finds “Nemo” is entitled to $5,000.00 prize money. The Council’s website has instructions how to claim prize money after finding “Nemo”. What are you waiting for? Come one, come all and make it a special Australia Day event for yourself, your family and for the community.
Darebin Park is usually frequented by many interstate and local visitors on Australia Day each year. Rana, from country Victoria, reads the advertisement and thinks that it will be great to join in the Australia Day festivities and do a bit of fishing for fun. On 25 January, 2014, Rana organises a fishing camp beside the Darebin River along with his work colleagues. Later in the day on 26 January, Rana’s friend Wacko finds “Nemo”. The Council’s employee Clive, on duty at the fishing site, confirms that Wacko has caught the correct fish “Nemo” which was tagged and released into the river by the Council staff. After the confirmation, the fish is released back into the river.
Clive advises that Wacko has to fill in the appropriate form to get his prize money. He, however advises Wacko that there was a mistake in the advertisement and that the correct prize money for finding “Nemo” is $500.00 not $5,000.00 as previously has been advertised. Wacko is a little irritated by Clive’s statement. On returning to his home in country Victoria, he fills in the form to claim the prize money. Wacko claims $5,000.00 in prize money as per the advertisement by the Darebin City Council in the local newspaper.
In the meantime, Leecher, a fishing enthusiast and local resident of Darebin City Council, finds “Nemo” on 30 March, 2014. Leecher is unaware of the advertisement. He, however, is informed by his friend Grady that there is $5,000.00 prize money on finding “Nemo”. Leecher also fills in the appropriate form to claim $5,000.00 in prize money.
Has a legally binding contract been made between Wacko and the Darebin City Council?
Can Leecher claim $5000.00 prize money from the Darebin City Council?
Using a problem solving format, explain the applicable legal principles to advise Wacko and Leecher of their chances of getting the $5,000.00 prize money for finding “Nemo”.
General instructions:
(a) should use a problem-solving format to answer the questions in the assignment.
(b) The answer should contain only COMMON LAW principles only.
(c) Maximum word length of this assignment is 1,000 words.
(d) Read further instructions set on a separate document accompanying the assignment.



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