Clothe the Resistance Pty Ltd is an Indigenous-owned startup business that designs and sells tshirts bearing protest slo

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Clothe the Resistance Pty Ltd is an Indigenous-owned startupbusiness that designs and sells tshirts bearing protest slogans.Sales have been down lately and Yara Reid, the owner and SalesManager of Clothe the Resistance, is a little worried. On 18 May2021, she receives a phone call from Justine Davis, one of theorganisers of the Black Lives Matter (BLM) movement, which isorganising a street march against lack of government action on therising number of Indigenous deaths in custody. Justine places anorder for 100 custom-made t-shirts bearing the slogan, ‘Stop BlackDeaths’, and agrees to pay $1,500.00 for the t-shirts. She says toYara, ‘There is only a few days left until the march. We’remarching on 25 May’. Yara assures Justine that she will have thetshirts delivered to them by close of business on 24 May. Yara isover the moon that the organisers of BLM have noticed her printsand protest slogans. This could be a major new client and she wantsto make a good impression. She gets onto the website of Print onDemand, a printing business that prints t-shirts with customiseddesigns. She has placed orders with them in the past and theyalways delivered goods within 5 business days. She scrolls throughthe homepage very quickly. She notices that the website looksdifferent. There is a banner with a rolling slideshow of images andtext. In small print was a sign that clearly read: ‘Delays expecteddue to COVID-19’. She did not notice the sign because the slideshowmoved too quickly, and she did not have enough time to notice thetext. She ordered 100 prints on the ‘All Day Everyday Flat RateTee’, confirmed the order and paid the total amount of $1,000. Afew minutes later, she received an email confirming the order
On 23 May, Yara receives an email from Print on Demand notifyingher that they are unable to deliver on time as several of theirdrivers are now close contacts of COVID-19 and have been directedto isolate for 7 days by NSW Health. Yara is desperate and statesin her reply, ‘Time is of the essence. I need the t-shirts bytomorrow morning at the latest. What if I add an extra $500 to theprice?’. A Customer Service Representative at Print on Demandaccepts the payment and tells Yara that the t-shirts will bedelivered by midday on 24 May, but the t-shirts do not arrive until26 May, a day after the BLM March. Print on Demand’s failure todeliver on time has meant that Clothe the Resistance was unable tosupply the t-shirts to the BLM organisers and it is likely thatYara has lost a potential new and important client.
Advise Yara in relation to the following issues:
1. Assuming that there is an enforceable contract, has the signon the Print on Demand’s website been effectively incorporated intothe contract? (5 marks)
2. Has Clothe the Resistance provided sufficient considerationto make Print on Demand’s promise to deliver the t-shirts, binding?(5 marks)
3. Has Print on Demand breached the time requirements of thecontract such that Clothe the Resistance can terminate thecontract? (5 marks)
4. Has the contract between Clothe the Resistance and Print onDemand been frustrated? (3 marks) 5. Legal Theory/Essay Question:With reference to the problem question and the cases of Williams vRoffey Bros & Nicholls (Contractors) Ltd (1990) 1 All ER 512and Musumeci v Winadell Pty Ltd (1994) 34 NSWLR 723, should the‘practical benefit’ test be adopted by the High Court of Australia?(7 marks)