Contract Law

Contract Law Order Description Answer all of the questions in the attached file. No cover page or introduction, just answer the questions. You should explain your answer by reference to the law of contract, confining your analysis to the issues related to 1. Agreement (offer and acceptance), 2. Consideration and; 3. Intention to Create Legal Relations & Certainty. References At least 20 Australian cases are to be cited (you could use the list below), and at least 5 references. All citation shall be in accordance with Australian Guide to Legal Citation and quick citation guide (both attached) Refer to the attached file AGLC Format Template for Legal Assignments Relevant cases and legislation for each topic 1. Agreement - Offer and Acceptance: Gibson v Manchester City Council Carlill v Carbolic Smoke Ball Company Pharmaceautical Society of Great Britain v Boots Cash Chemists Goldsborough, Mort & Co v Quinn Mobil Oil Australia v Wellcome International Felthouse v Bindley Brinkibon v Stahag Stahl Und Stahlwarenhandelsgesellschaft Electronic Transactions Act 2000 (NSW) Guide to Enactment of the UNCITRAL Model Law on Electronic Commerce 2. Consideration Australian Woollen Mills v Commonwealth Beaton v McDivitt Woolworths v Kelly Roscorla v Thomas Foakes v Beer Williams v Roffey Bros Nicholls Musumeci v Winadell Re Selectmove Wigan v Edwards 3. Intention to Create Legal Relations & Certainty Todd v Nichol Administration of Papua and new Guinea v Leahy Council of the Upper Hunter County District v Australian Chilling and Freezing Biotechnology Australia v Pace Whitlock v Brew Meehan v Jones Godecke v Kirwan Placer Development v Commonwealth Guidelines Refer and answer the questions of the assignment similar to the example in the attached file Answer Guide – Assignment 2009. Follow the same legal rule IRAC as demonstrated in the attached file answering problem questions vodcast 2 Follow the guideline in Assignment Guidance Format 12ppt Times New Roman Textbooks Paterson, J., Robertson, A. and Duke, A., Contract Cases and Materials (Thomson Reuters Lawbook Co, 12th ed, 2011), ISBN: 9780455229461 Paterson, J., Robertson, A. and Duke, A., Principles of Contract Law (Thomson Reuters Lawbook Co., 4th ed, 2011), ISBN: 9780455229454 + Assignment Guidance (1) ?There is no specific allocation of marks to marking individual criteria. Your mark will reflect the overall quality of the written assignment taking into account all criteria. ?An initial point: you are not writing a memorandum to a partner in a law firm. Answer the question by reference to the facts you are given in the problem. Do not have a separate heading for ‘Further Action’ or the like. Rather, think of writing an advice to be given to a judge as to the potential liabilities of the parties in the question. You are not acting as an advocate so do not only put points in favour of one party’s case; you must reach a conclusion, but this should be based on an assessment of the relative strength of the plaintiff’s case. Jenny White calls into Sweetpea on Wednesday 18 February and looks over Clara’s portfolio of cakes. One of the cakes in the portfolio ‘Mad is the Hatter cake’, a two-tier chocolate cake with fondant icing. The price listed in the portfolio is $250 plus $50 delivery. Jenny says ‘It is for my husband’s birthday, which is on Sunday 22 February. I know it is late, but I need to check out the prices and selection from another shop before I make a final decision. But I think the price is a little too high for me.’ Clara says, ‘I have no other orders for Sunday at this stage, but you will need to let me know as soon as possible. I will make and deliver it for $225. But you will need to let me know by 12 noon this Thursday whether you want to go ahead.’ On Wednesday evening Jenny posts a letter to Clara that says ‘I accept your offer to make and deliver the ‘Mad Hatter Cake’ for $225 to be delivered on Sunday 22 February 2009.’ The letter also encloses a cheque for the full amount. On Thursday morning Clara gets two additional orders from other clients for cakes, also to be delivered on Sunday, and at 10 am Clara rings Jenny and says ‘Sorry, I have taken other orders and I just can’t do your cake. Jenny’s letter is received at 11 am. Jenny is furious. Is there a contract between Clara and Jenny and, if so, what are its terms? Is there a contract between Clara and Jenny? 2. what are its terms?what are its Issue • Is there a contract between Clara and Jenny? Rule(s) • Agreement • Consideration • Intention to Create Legal Relations • Certainty Analysis • Issue – is Clara’s portfolio of cakes an offer? • Rule - To be an offer, a proposal must evince an intention by the y offeror to be legally bound immediately on acceptance. • Analysis – Usually a menu or catalogue is taken as an invitation to treat because the party is unlikely to want to be bound to everyone who comes into the shop and asks for a cake. • Conclusion – the offeror does not evince an intention to be bound immediately on acceptance PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET AN AMAZING DISCOUNT :)