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Assignment 1 Offer Acceptance Contract Law Problem 4 x600 Words 35 Marks

This document outlines an assessment with 4 contract law questions. It provides scenarios and instructions for each question. Students must analyze the scenarios and advise the parties, using IRAC structure and citing references. The assessment is worth 40% of the total grade and has a strict 2400 word limit. It must be submitted online by April 2nd, with penalties for late submission.

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12 views

Assignment 1 Offer Acceptance Contract Law Problem 4 x600 Words 35 Marks

This document outlines an assessment with 4 contract law questions. It provides scenarios and instructions for each question. Students must analyze the scenarios and advise the parties, using IRAC structure and citing references. The assessment is worth 40% of the total grade and has a strict 2400 word limit. It must be submitted online by April 2nd, with penalties for late submission.

Uploaded by

fabianlarenpeter
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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ASSESSMENT 1: There are 4 questions here you need to do all of them.

Weighting: 40% of the total grade. Please use Harvard or AGLC


referencing. You can find a link for information on both here
https://lo.unisa.edu.au/course/view.php?id=3839. Use in text referencing
and IRAC model for first 3 questions.

Submission process: Online through submission


portal.

Word count: 2400 words +/- 10%

Due date: 2 April: (JUS rules apply on lateness)


Length (excluding reference list or bibliography):
2,400 words or less; Please be mindful of the world limit and that there is a
10% leeway in the length of your answer, and your answer should never
exceed 2,640 words. Note also, 2% penalty for excessive 100 words if your
answer exceeds the maximum 2,640 words limit. • Your answer should be
submitted via Gradebook; Please note ‘traffic jams’ sometimes happen with
Gradebook close to the closing time and prevent submissions, making them
late. You are advised to submit well within time. • A penalty of 2% per day
will be applied to late submissions;

Submit this document with feedback sheet with your answers.

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QUESTION 1 Offer acceptance contract law problem 600 words 25 marks

scenario:
Jenny’s Gemstones, a renowned jewellery store, decides to sell a rare blue
diamond. They place an advertisement in the local newspaper stating, “Rare
blue diamond for sale, $50,000. First come, first served.”
Tom, an avid collector, sees the ad and immediately emails Jenny’s
Gemstones expressing his intention to buy the diamond. However, he
mistakenly offers $5,000 due to a typo. Jenny’s Gemstones does not
respond to Tom’s email.
Meanwhile, Sarah, another collector, calls the store and agrees to buy the
diamond for the full price of $50,000. She provides her credit card details
over the phone and Jenny’s Gemstones charges her card. They send her an
email confirming the sale.
The next day, Tom realizes his mistake and sends another email to Jenny’s
Gemstones, offering the correct amount of $50,000. He receives an
automated response that the item has been sold.
Tom sues Jenny’s Gemstones for breach of contract, claiming that his first
email constituted a valid acceptance of their offer and that a contract was
formed.
Advise Tom

QUESTION 2 Terms of Contract (suggested word account 600 word


maximum) 25 marks
scenario
Alex agrees to sell 100 custom-made chairs to Brenda’s Boutique Hotel for
$10,000. The contract they sign stipulates that the chairs must be delivered
by June 1st. The contract also includes a clause stating that “time is of the
essence” for the delivery of the chairs.
Alex delivers the chairs on June 3rd, two days late. Brenda refuses to accept
the chairs and does not pay Alex, claiming that the contract has been
breached due to the late delivery.

Advise Alex

QUESTION 3: Matters Affecting Enforceability of Contract (suggested word


account 600 word maximum) 25 marks
Scenario:
Chris, an emerging artist, agrees to sell a unique painting to Diana, an art
collector, for $10,000. They sign a written contract that outlines the terms of
the sale, including the price, the description of the painting, and the delivery
date. The contract also contains a non-compete clause that prohibits Chris
from selling similar paintings for the next five years.
After signing the contract, Chris learns that the non-compete clause could
significantly limit his ability to earn a living as an artist. He also discovers
that Diana had misrepresented the extent of the market for his type of
paintings to persuade him to agree to the non-compete term.
Chris delivers the painting but later refuses to honor the non-compete
clause. Diana sues Chris for breach of contract.

Advise Chris
QUESTION 4 Postal acceptance rules (suggested word account 600 word
maximum) 25 Marks

Name the key case that is Australian authority for the proposition that
telephone, fax or email communication excludes the postal acceptance rule.
Describe the facts of the case and make up a scenario to show the
application of this proposition.

Feedback sheet is in next tab. Load this up with your name as a


separate document.

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