Recent Question/Assignment

BLAW (TERM 2) (2019) – Essay Question
DUE DATE: 4pm on Friday, WK 8
QUESTION 1 (9 Marks)
Hoping to promote his struggling small business, Buster Brady placed the following advertisement in the January edition of his local newspaper:
“Attention all fishermen and fisherladies of Keenanville!! Bring your bait and bring your tackle to Lake Kanchan this Saturday, because local fishing shop “The Crabshack” is offering $10,000 to any person who catches “Big Joanna” – a 20kg Murray cod which has been tagged and released into Lake Kanchan”
Tommy, a local homeless person who survives on the fish he can catch in the lake, was most surprised to see so many people fishing at Lake Kanchan that weekend. Tommy, who was unaware of the advertisement, was even more surprised when, at around 1pm, he caught a huge Murray cod which was tagged: “I am Big Joanna! Claim your $10,000 @ The Crabshack!”.
Still in shock about his win, Tommy was heard telling newspaper reporters that he was simply “..trying to catch something for dinner… but caught $10,000 instead!”
Later that night, and still angry that Tommy won the $10,000 prize without actually participating in the competition, Buster sent him the following sms:
“Sorry mate, changed my mind, no prize money for you today!”
Analyse each party’s rights in contract law (9 marks) (Hint: Only discuss the first three formation elements. You can ignore element of Intention)
QUESTION 2 (11 Marks total)
After getting really good publicity when Tommy’s story appeared on that evening’s Channel 7 NEWS broadcast, Buster had a new idea for bringing in more business. Buster called Tommy with the following offer:
“If you agree to appear in a television advertisement for ‘The Crabshack’, I will pay you $10,000 (paid in monthly instalments) for your services” (**original contract**) Tommy accepted the offer and the advertisement was filmed the next day.
Unfortunately, the advertisement was not enough to get Buster’s business out of financial trouble and when, by June, Buster had only made three payments totalling $3,000, Tommy was told that “Buster would not be able to make further payments until the December holidaymakers brought more business to Keenanville”.
As a compromise, Tommy agreed to the following contract variation: “Buster, if you make one further and final payment of $2,000, I will be willing to forgive the remaining $5,000 of the debt”. Buster happily agreed to this contract variation and immediately made the “final” repayment of $2,000 under the new contract.
As luck would have it, the very next day, Buster won $5,000 on a poker machine at his local pub. Hearing of Buster’s win, Tommy sent Buster the following sms:
“Sorry mate, changed my mind, no discount for you today! Let me know when I can expect to see the next monthly instalment in my bank account as originally agreed”
(a) Assuming that the original contract was valid, analyse each party’s rights in relation to the new (varied) contract (7 marks)
(b) Would your answer be any different if Tommy had told Buster to pay the balance of the debt as a lumpsum payment? (4 marks) (Note: You must refer to case law AND legal articles/ journal articles here)
NOTE 1: Final reminder to students to read Assessment Brief 3 on Moodle for more information and rules on your essay. NOTE 2: Also look out for the sample essay to help you structure your own research essay.
The End

Looking for answers ?


Recent Questions

Jack, a 68-year-old construction worker presented to his GP with lower back pain. He informed his GP that he has been generally active, walking and cycling regularly but his lower back pain has started...Assessment details for ALL studentsAssessment item 1Due date: Friday of Week 5 (11:45pm AEST) ASSESSMENTWeighting: 30% 1Length: NAObjectivesThis assessment item relates to unit learning outcomes 1 and...Assignment 1: Web page mockupUnit: DGTL11005 Web Design, 2020 Term 1Due date: 9:00 pm AEST, Friday of Week 5Weighting: 30%ObjectivesThis assessment item relates to the unit learning outcomes 1, 2 and 3,...MAF760 – International FinanceTrimester 1, 2020ASSIGNMENT 1The total mark of this assignment is 100, which comprises 20% of the assessment for this unit.Due date: 11:59 pm AEST 9 April 2020(Please note...Mary is 29 and works for Crunch Ltd., a food manufacturer, as a production line worker. A Federal Award sets out her pay and conditions. The pay is poor, so in an effort to ‘get ahead’ Mary has also worked...Assessment item 2 - Problem questionValue: 10%Due Date: 06-Apr-2020Return Date: 30-Apr-2020Length: 1000 wordsSubmission method options: Alternative submission methodback to topTASKYou must write an answer...Due 7th AprilAssignment on Professional task on risk analysis:Risk analysis on Private Health Insurance product tiers (800 words):https://www1.health.gov.au/internet/main/publishing.nsf/Content/private-health-insurance-reforms-fact-sheet-gold-gilver-bronze-basic-product-categoriesThe...Show All Questions