BLAW (TERM XXXXXXXXXX) – Essay QuestionDUE DATE: 4pm on Friday, WK 8QUESTION 1 (9 Marks)Hoping to...

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BLAW (TERM XXXXXXXXXX) – Essay QuestionDUE DATE: 4pm on Friday, WK 8QUESTION 1 (9 Marks)Hoping to promote his struggling small business, Buster Brady placed the following advertisement in the January edition ofhis 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 codwhich 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 peoplefishing at Lake Kanchan that weekend. Tommy, who was unaware of the advertisement, was even more surprised when, ataround 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 somethingfor 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, Bustersent 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 ignoreelement 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 anew 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, Busterhad only made three payments totalling $3,000, Tommy was told that “Buster would not be able to make further paymentsuntil 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 andimmediately 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 instalmentin 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 (7marks)(b) Would your answer be any different if Tommy had told Buster to pay the balance of the debt as a lumpsum payment? (4marks) (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

Bichitrananda · Accepted Answer

BUSINESS LAW
1. Analysing the rights of Tommy and Buster Brady in the contract:
According to (INFORMATION SHEET CONTRACTS: GETTING IT WRITE/RIGHT, 2015), the contract formed from the advertisement by Buster Brady representing his business, Crabshack, by offering a reward of $10,000 to any fisherman or fisher lady from Keenanville who caught Big Joanna, a 20kg Murray Cod is a unilateral agreement. A unilateral agreement is one where an offer is being made by one party addressed to a population, region or the world. It’s a one-sided offer and the party that made the offer here is Buster Brady, the owner of Crabshack. Tommy, the performer of the contract is entitled to the reward of $10,000 made by Crabshack. Following the refusal of Buster Brady to pay the reward to Tommy, there is a breach of the unilateral contract made by Crabshack in the newspaper advertisement. 
The breach of contract gives Tommy the right to sue Buster Brady for the offer being made in the advertisement in the newspaper (Australia, 2018). The tag that read to claim the reward of $10,000 from Crabshack was fulfilled the first element of the contract. It was a genuine offer being made by Buster Brady being very specific in addressing a subset of the population who could participate in the event of the contract or agreement. The offer similar to the case in (CARLILL V CARBOLIC SMOKE BALL COMPANY, 1892) is made to anyone from Keenanville and becomes legally binding should anyone perform the terms of the advertisement before it is retracted from the newspaper or terminated. In court, the advertisement cannot be viewed subjectively or from the offeror’s perspective (Buster Brady), but the objective view of the advertisement entails a promise of reward to the party or person who catches Big Joanna. Therefore, even if the offeror (Brady) claims the subjectivity of the advertisement, the court would rule the judgment in Tommy’s favour. In spite of Tommy not being a voluntary participant, the performance of the terms in the contract makes him eligible for the reward because it is specifically addressed to every fisherman in Keenanville and the offer doesn’t require a voluntary participation but the performance suffices the terms of the contract. The second element, acceptance of the offer is when Tommy decides to claim the reward. It’s a contractual right since he performed the terms of the contract. The (Contract Law, 2019) gives Tommy the right to make the claim and sue Buster Brady for breach of the contract. The third element, Consideration of the agreement is shown by the evidence of benefits to both parties as a result of the contract. The $10,000 reward to Tommy and the public promotion as a result of the advertisement and the fulfilment of the contract benefits Buster Brady. The Carlill Vs Carbolic Smoke ball in (Law, 2018), provides insight on the rights of the party (Tommy) being a subject to an advertised offer in the newspaper by Buster Brady. The advertisement has a binding promise to fulfil based on the offer made specifically to the fishermen and fisher ladies of Keenanville. Similar to the Carlill Vs Carbolic case in (Law, 2018), Buster Brady doesn’t require a formal notice of acceptance but to notice the performance of the contract which makes the contract legally binding. In this case, the plaintiff (Tommy) doesn’t have to give a notice of acceptance as it happens simultaneously when he performs the terms of the contract being made in the advertisement. Tommy’s rights to the reward are clear as the offer in the advertisement isn’t vaguely addressed or ambiguous in nature. By using the (Contract Law, 2019), the rights of Tommy also include the remedies to the breach of contract that requires Buster Brady to compensate for the breach or resolution between the two parties before litigation. If the dispute isn’t settled between them,

BLAW (TERM XXXXXXXXXX) – Essay QuestionDUE DATE: 4pm on Friday, WK 8QUESTION 1 (9 Marks)Hoping to promote his struggling small business, Buster Brady placed the following advertisement in the January...

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