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1 Assessment Description: You need to reference at least 5 reference sources other than the textbook and use cases to support your arguments. Work that includes sources that are not properly...

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1
Assessment Description:
You need to reference at least 5 reference sources other than the textbook and use cases
to support your arguments. Work that includes sources that are not properly referenced
according to the “Harvard Referencing Workbook” will be penalised.
References must follow the Harvard referencing style. Refer to the Academic Learning Skills
handout on Report writing. The first time a case name is used it must be cited in full in the
ody of the text. Please see Academic Learning skills staff for assistance with this, or any
assignment.
Assessment - 3
Course Bachelor of Business / Bachelor of Accounting
Unit Business Law
Unit Code BO1BLAW204
Type of Assessment Assessment 3 – Individual Assignment
Length / duration XXXXXXXXXXwords – estimated 5 pages - not including the title page, executive
summary, table of contents and references list.
Learning outcomes
addressed
a) Demonstrate a working knowledge and understanding of the
principles of Australian Business Law within the context of the
prescribed readings.
) Identify and analyse relevant facts, problems and legal issues from a
given scenario and develop an argument in response, discussing
available options in the context of business law.
c) Interpret business law legislation and cases and complete questions
ased on that legislation and relevant case law in class.
d) Appreciate the role of compliance and the requirement that
organisations and individuals must follow the laws that apply to their
industry areas.
e) Understand and apply the law related to establishing, managing and
controlling enterprises
Submission Date Week 8. 4pm.
Assessment Brief Question One (20%)
See Question below.
Total Mark 20 marks
Weighting 20% of the unit total marks

Students are advised that any submissions past the due date incur a 5% penalty per day,
calculated from the total mark e.g. a task marked out of 40 will incur a 2-mark penalty per day.
More information, please refer to View Doc
Student Policies and Forms by visiting the
following link
https:
kent.rtomanager.com.au/
2

Assessment Submission:
Marks will be deducted for late submission - 5% deduction per calendar day late, of the total mark is
applicable. However, consideration may be offered only under medical ground or other extenuating
circumstances. You must provide appropriate supporting documentation for consideration.
Please be aware that any assessments submitted in formats other than Microsoft Word will be
considered LATE and will lose marks until it is presented in Word format.
No paper based or hardcopy submission will be accepted.
Our Academic Learning Support (ALS) team are there to help you with understanding the task and all
other assessment-related matters. For assistance and to book a one-on-one meeting please email one
of our ALS coordinators (Sydney XXXXXXXXXX; Melbourne XXXXXXXXXX). For
online help and support please click the following link and navigate Academic Learning Support in
Moodle.
http:
online.kent.edu.au/cms/course/view.php?id=437
Marking guide (ru
ic):
Your question answers would be marked on the basis of the following marking guideline. It is very
important to connect your answers to key legal concepts and to support them with case and statute
eference
Business Law: Marking Ru
ic Total:20 marks
Numeric
grade
Fail<50% Pass 50% to 64% Credit 65% to
74%
Distinction 75% to 84% High Distinction >85%
Research Little
evidence of
esearch.
Sources are
missing,
inappropriate,
poorly
integrated or
lacking
credibility.
Lacks clear
link of sources
to arguments.
Basic and sound
esearch. Basic use of
sources to support
ideas, generally well
integrated, most
sources are credible.
May be weaknesses
with paraphrasing or
integration/application.
Research is
generally
thorough.
Good use of
sources to
support ideas,
mostly well
integrated,
sources are
credible. May
e weaknesses
with
paraphrasing
or integration/
application.
Thorough research is
indicated. Very good
use of sources to
support ideas, well
integrated, sources are
credible. May be minor
weaknesses with
paraphrasing or
integration/application.
Thorough research is
indicated. Professional
use of sources to
support ideas, well
integrated, sources are
credible. Very minor, if
any, weaknesses with
paraphrasing or
integration/application.
Information / Content
Information
content
Lacks
coherence;
topic is poorly
addressed;
little analysis.
Is generally coherent;
topic is addressed;
analyses in reasonable
depth with some
description. There are
some inconsistencies
Is coherent
and flows well;
topic is
addressed
quite
thoroughly;
Is very coherent and
flows well; topic is
addressed thoroughly;
analyses in depth.
There may be minor
Professional work.
Argument is very
coherent and flows
well; topic is addressed
thoroughly; analyses in
great depth. Very
mailto: XXXXXXXXXX
mailto: XXXXXXXXXX
http:
online.kent.edu.au/cms/course/view.php?id=437
3

and weaknesses with
flow.
analyses in
considerable
depth. There
may be some
inconsistencies
and
weaknesses
with flow.
inconsistencies and
weakness with flow.
minor, if any,
inconsistencies and
weaknesses with flow.
Critical
analysis
Material is
descriptive
and generally
poorly
sequenced.
Material shows some
analysis but is generally
poorly sequenced.
Analysis and
sequence is
adequate.
There is good analysis
and presented in a
easonable sequence
Professional standard
of analysis and
sequential structure.
Language
presentation
Poor standard
of writing.
Word limit
may not be
adhered to.
Basic and sound
standard of writing;
some e
ors in
punctuation, grammar
and spelling
Good standard
of writing; few
e
ors in
punctuation,
grammar and
spelling.
Very good standard of
writing; very few or
minor e
ors in
punctuation, grammar
and spelling.
Professional standard
of writing; no e
ors in
punctuation, grammar
and spelling.
Referencing No
eferencing is
evident or, if
done, is
inconsistent
and
technically
inco
ect. No
or minimal
eference list,
mixed styles.
Basic and sound
attempt to reference
sources; may be some
inconsistencies and
technical e
ors in
style. Reference list is
generally complete
with 1 or 2 references
missing
Good attempt
to reference
sources;
inconsistencies
and technical
e
ors in style.
Few
inaccuracies in
eference list
and all
eferences
listed
Very good attempt to
eference sources; very
minor inconsistencies
and technical e
ors in
style. Thorough and
consistent reference
list and all references
listed.
Professional level of
eferencing and
acknowledgment; no
e
ors of style evident
.Thorough and
consistent reference
list and all references
listed
General Notes for Referencing
Co
ect Case and Legislation citation required
Due 4.pm Week 8 submit via Moodle.
4

Question:
On 25 November, the following advertisement appeared in the newspaper:
“Boast Sound system; model BS100 for sale for $2,000. This is half the price you will normally
pay for such a set. Hu
y, as there are only ten units for sale. Contact High Five Systems at
XXXXXXXXXXto place an order or walk in to our store at 112, Speaker Street, Handenong to
purchase.”
Jacob called up the phone number in the advertisement on the very same day and spoke to
Rhonda, one of the salespersons at High Five Systems. He said, “I accept your offer and I will
come in to pay and collect the set tomo
ow.” Rhonda tried to explain something to him but
Jacob put the phone down before he could hear her explanation.
Iris called High Five Systems on 25 November to place an order but could not get to speak to
any of the salespeople. She left a message on the answering machine saying, “If I do not hear
ack from you on this matter, I assume you will be selling me two of your sets at the price you
advertised.” The staff at High Five Systems only heard this message on 28 November.
Hamid went to High Five Systems on 26 November and enquired whether he could put the
set on layby and settle the full payment amount a month later. Rhonda told him that she
would have to check with her boss first. Since the boss was not in, she told Hamid that she
would call him later and inform him of this. The boss did not return that whole day and only
came in the afternoon of the next day. She checked with the boss the next afternoon but he
said that they did not accept laybys. Rhonda called Hamid back and informed him of this.
Hamid then said that it did not matter and that he would come in the next day to make the
payment and collect his set. Rhonda then informed him that Jimmy had already sold off all
the sets that morning. Hamid insists that since he had accepted the offer a day earlier, one
set should be sold to him.
Ranbir walked in to High Five Systems on 27 November in the morning and placed an order
for all the 10 sets. Jimmy, another salesperson, told him that he was not sure if there were
any sets left but said that if they were still available, he would have them sent out to Ranbir
in the evening. The delivery company collected the 10 sets from High Five Systems that
evening so that they could be delivered to Ranbir. Before the sets could be delivered to him,
Ranbir called High Five Systems and cancelled his order. A little while later, the sets were
delivered by the delivery company to him.
Advise each of the parties of their rights in Contract law. (20 marks)
Answered Same Day May 06, 2021

Solution

Debbani answered on May 09 2021
141 Votes
Business LAw
    Business LAw    Contract Case Studies
    
    
    Business LAw    Contract Case Studies
    
    
Table of Contents
Issue    2
Rule of Law    2
Application    2
Conclusion    6
References    8
Issue
Whether, there is a valid agreement between J and the shop.
Whether, IR have enough grounds to enforce the agreement
Whether, H can enforce his agreement.
Whether, RA can have any recourse.
Rule of Law
An offer under the Contract Law does have an entirely different meaning from the term invitation to treat. The offer comes from the offeror as the actual proposal to the offeree, but an invitation to treat do not have any single person as offeror or offeree, but is for anyone, thus an invitation to treat is to state the offer which when accepted have the potential to form the binding agreement.
Application
In the instant case study, the issue cropped from the advert within the newspaper which stated half price for the sound system, along with the contact number with the place of business. Jacob (J) on the day of the advert, contacted through call, and told Rhonda (R), a salesperson, that he accepted the offer, but was unable to hear R’s reply. Another person, Iris (IR), left voice message and further stated assumptions as to the set as the price mentioned in the advert. Hamid (H), checked with the shop and wanted to buy, but pay at a later date, which was not confirmed by the shop. Ranbir (RA) on ordering 10 sets, was informed by Jimmy (JI) a salesperson, about the availability, and also told that once it is available, it will be send to RA. Ultimately, RA did not want to buy, and cancelled it before delivery, which was later delivered to him.
When one party commits and wants to enter into a legally binding contract, and places the proposal to the other party the offer can be construed to have been made. Implied conduct of either of the parties to written forms or can take the form of oral exchange, to constitute a valid offer. Thus, it is evident that, an offer must be well clear and also be defined in such a way that there remains no ambiguity in the terms of it, as to the certainty that, the offeror have the intention only to constitute a valid agreement with the offeree. In order to emphasise on the certainty of the terms within the offer, the Courts often clarifies the statements which are mere puffs and also the invitation to treat, was held in case of (Suessenbach v The Mining and Resources Contractors Safety Training Association Inc., 2000), where the later is nothing but initiation of a negotiation based on which a valid binding agreement will take its shape, was held in case of (Alison Jane Whittle and Rozilie Patricia Munday v Filaria Pty Limited ACN 056 933 843 and Independent Group Pty Limited ACN 008 659 792 and David Shearer and Millie Phillips, 2004) and also in case of (Henry Posch v Filaria Pty Limited ACN 056 933 843 and Independent Group Pty Limited ACN 008 659 792 and David Shearer and Millie Phillips, 2004). So, when a party wants to have some information regarding certain products or services, then that supply of information (Guy v Crown Melbourne Limited (No 2), 2018) cannot be an offer, on the other hand exaggeration of the products or services is beyond any contractual significance to a reasonable person, was held in case of (Murphy v RACQ Insurance Limited, 2014), can never have the force of an offer, and can only constitute mere puff, is also in alignment with section 18 of the (Section 18- Misleading or deceptive conduct- Australian Consumer Law (Sch 2, Competition and Consumer Act 2010 (Cth)), 2010) and also under (Section 51- Publishing false or misleading advertisements- Property, Stock and Business Agents Act, 2002). A certain indication is present within the invitation to treat that one of the party to it, wants things to be negotiated. In the landmark decision of (Harvey and Anor v Facey and Ors, 1893) as was upheld in case of (Codelfa Construction Pty Ltd v State Rail Authority of New South Wales, 1982), (Woolworths (SA) Pty Ltd v Basetone Pty Ltd, 2006) and also in case of (Ballast Stone Estate Wines v Wine Solutions Australia PL, 2007), where the Court while considering the contractual construction as to the terms indicated by the parties to it, was also opined in case of (Birdsey v Vincent and Anor, 2017).
Again, in order to constitute a valid agreement, the...
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