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 to1. Agreement (offer and acceptance),2. Consideration and;3. Intention to Create Legal Relations & Certainty.
ReferencesAt least 20 Australian cases are to be cited (you could use the list below), andat 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 CouncilCarlill v Carbolic Smoke Ball CompanyPharmaceautical Society of Great Britain v Boots Cash ChemistsGoldsborough, Mort & Co v QuinnMobil Oil Australia v Wellcome InternationalFelthouse v BindleyBrinkibon v Stahag Stahl Und StahlwarenhandelsgesellschaftElectronic Transactions Act 2000 (NSW)Guide to Enactment of the UNCITRAL Model Law on Electronic Commerce
2. ConsiderationAustralian Woollen Mills v CommonwealthBeaton v McDivittWoolworths v KellyRoscorla v ThomasFoakes v BeerWilliams v Roffey Bros NichollsMusumeci v WinadellRe SelectmoveWigan v Edwards
3. Intention to Create Legal Relations & CertaintyTodd v NicholAdministration of Papua and new Guinea v LeahyCouncil of the Upper Hunter County District v Australian Chilling and FreezingBiotechnology Australia v PaceWhitlock v BrewMeehan v JonesGodecke v KirwanPlacer Development v Commonwealth
GuidelinesRefer 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 2Follow the guideline in Assignment Guidance
Format12ppt Times New Roman
TextbooksPaterson, J., Robertson, A. and Duke, A., Contract Cases and Materials (ThomsonReuters Lawbook Co, 12th ed, 2011), ISBN: 9780455229461
Paterson, J., Robertson, A. and Duke, A., Principles of Contract Law (Thomson ReutersLawbook 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 andlooks over Clara’s portfolio of cakes. One of the cakes in theportfolio ‘Mad is the Hatter cake’, a two-tier chocolate cake withfondant icing. The price listed in the portfolio is $250 plus $50delivery. Jenny says ‘It is for my husband’s birthday, which is onSunday 22 February. I know it is late, but I need to check out theprices and selection from another shop before I make a finaldecision. But I think the price is a little too high for me.’ Clara says, ‘Ihave no other orders for Sunday at this stage, but you will need tolet 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 whetheryou want to go ahead.’ On Wednesday evening Jenny posts a letterto Clara that says ‘I accept your offer to make and deliver the ‘MadHatter Cake’ for $225 to be delivered on Sunday 22 February 2009.’The letter also encloses a cheque for the full amount. On Thursdaymorning Clara gets two additional orders from other clients forcakes, also to be delivered on Sunday, and at 10 am Clara ringsJenny and says ‘Sorry, I have taken other orders and I just can’t doyour 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 itsterms?
Is there a contract between Clara andJenny?
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• CertaintyAnalysis
• Issue – is Clara’s portfolio of cakes an offer?• Rule – To be an offer, a proposal must evincean intention by the y offeror to be legally boundimmediately on acceptance.• Analysis – Usually a menu or catalogue istaken as an invitation to treat because theparty is unlikely to want to be bound toeveryone who comes into the shop and asksfor a cake.• Conclusion – the offeror does not evince anintention to be bound immediately onacceptance