LA TROBE UNIVERSITY
LST2BSL
Business Law
Assignment 2014
Assignment Instructions
1. Questions to be completed
You must answer ONLY 2 QUESTIONS OUT OF 3!!!!!!!
2. Marks
The assignment is worth 20% of the total marks in this subject.
3. Word Limit
Your answer must not exceed 1500 words (approximately 750 words for each question)
The total number of words must be noted on the front of your answer. A DEDUCTION OF ONE MARK WILL BE MADE FOR FAILING TO NOTE THE WORD COUNT IN ACCORDANCE WITH THIS INSTRUCTION. Students who misrepresent the word count will be penalised at the marker’s discretion.
Do not waste words on:
(a) repeating the facts of the assignment; or
(b) lengthy introductions or conclusions.
Use headings to organise your answer.
4. Presentation
(a) Your answers to the three questions are to be based on the common law of contract. Use a problem-solving format such as the IRAC method to answer the three questions. In your answers to each question you should identify the issue/s, state the legal principles, apply the legal principles to the facts of the case and provide a conclusion.
(b) A “Statement of Authorship Individual” must be completed, signed and attached to the front of your assignment. Make sure that your name and student number also appear on the front of your assignment.
(c) Your work must be typed:
(i) in a minimum size 12 font;
(ii) in double spacing;
(iii) on one side of the page only; and
(d) You should keep a copy of your work for your records.
9. Referencing
Textbook and other resources should be properly referenced. You may use either footnotes or in-text referencing. A bibliography should be included at the end of your assignment (harvard referencing). At least one case should be referred to in each question – and cases correctly cited.
Question 1 (7 marks)
Knowing that Noel was expanding his road making business, Ken offered to sell Noel a grader for $14,000. Noel replied that he would buy the grader, but only for $12,000 and only if it passed a mechanical inspection. Ken was happy to allow the machine to be examined but would not sell for less than $14,000. Noel finally rang and said: ‘If you will not take $12,000 I guess I had better go to the full $14,000.’ Ken has been told that the local council will pay him $15,000 and now he does not wish to sell the grader to Ken.
Can Ken sell to the council and not to Noel?
Question 2 (7 marks)
Mary, an elderly woman, owned and lived in a house in Sydney. Mary wrote a series of letters to Sally, her niece, in the United Kingdom. In these letters Mary invited Sally to come to live with her and promised that she would leave her house to Sally in her will if Sally came to Australia. Eventually Sally sold her house in England , left her job and migrated to Australia. Following a dispute, Mary ordered Sally out o f her house. Mary told Sally that she would no longer leave her house to Sally.
Can Sally insist that Mary leave the house to her in Mary’s will?
Question 3 (6 marks)
Robert offered a reward of $1000 to whoever would give information that would lead to the conviction of the person who broke into his house and stole Robert’s valuable coin collection. John was a police officer in the district where the offence occurred, and during the course of his investigation John was able to provide the information which led to the capture and conviction of the thief. Robert refused to pay the reward to John
Can John insist that Robert pay him the $1000 reward?
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