Recent Question/Assignment

Question 1
Read the case of Carlill v Carbolic Smoke Ball Co [1892] EWCA Civ 1 and answer the following questions giving reasons for your answer.
(1) Was the advertisement a mere ‘puff’ or sales talk?
(2) Can an offer be made to the whole world?
(3) Must acceptance or an intention to accept an offer be communicated?
(4) Can performance of a condition in an offer constitute sufficient acceptance of that offer?
(5) Was the contract made when the offeree did the act requested?
(6) Was the advertisement too vague to form the basis of a contract?
(7) Can you think of a way to word this advertisement that would change the outcome of the case?

Question 2
Tanya (aged 17) takes her CD player to the local repair shop to be fixed. If she does not pay, can the repairer enforce the contract against her after she turns 18? Give reasons for your answer.
Guide to Formal Presentation
1. The answer should be typed on A4 paper, on one side of the paper only, and with a margin of at least 4 cm.
2. Formal language should be used so avoid jargon, slang and colloquial abbreviations such as “don’t”. Ensure that you use correct spelling.
3. Headings and subheadings may be used if you think that this would assist the presentation of your material.

Referencing sources of information
4. Avoid plagiarism by referencing your sources. Sources must be referenced where:
· You are using someone else’s ideas
· You are quoting directly from a source
· You are paraphrasing someone else’s views
(See Crosling G.M. and Murphy H.M How to Study Business Law- Reading, Writing and Exams, 3rded, 2000, p 122).
5. All substantive material should appear in the body of the assignment.

Citation of cases
6. When you first refer to a case, you should cite the case in full, either in the text or in a footnote e.g. Mabo v Queensland (No 2) (1992) 175 CLR 1. The case name should be italicised or highlighted in some other way e.g. underlined or placed in bold letters.

7. When subsequently referring to the case, it is acceptable to use a common name for the case, such as “Mabo’s case” or “Mabo”.
8. Where a particular page or paragraph in the case is referred to, then the page number or paragraph number must be given e.g. “Mabo’s case at 9” indicates that the information came from page 9 of Mabo’s case. There is no need to write “page” or an abbreviation of the word page.

Citation of statutes
9. When citing a statute, the name of the statute should be italicised and the jurisdiction should appear in brackets after the name e.g. Commonwealth of Australia Constitution Act 1900 (UK).

10. When a particular section in the statute is being relied on, then the section should be specified e.g. section 1. It is acceptable to use the abbreviation “s” for “section” or “ss” where more than one section is being referred to e.g. s 1 or ss 5, 6 and 7. However, when a sentence begins with a reference to a section, the word should always be written in full e.g. “Section 1 of the Commonwealth of Australia Constitution Act 1900 (UK) provides that ...”

Guidance from textbooks
11. Use your prescribed textbook and recommended texts as a guide to the way in which cases, statutes and secondary sources are cited and the manner in which legal arguments are structured.