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LAW100- Business Law Assessment 1: Group Essay Due: XXXXXXXXXXWeek 6 Length: XXXXXXXXXXwords Conditions: XXXXXXXXXXGroup of 5 Weighting: XXXXXXXXXX% Requirements: You are expected to use the academic...

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LAW100- Business Law
Assessment 1: Group Essay
Due: XXXXXXXXXXWeek 6
Length: XXXXXXXXXXwords
Conditions: XXXXXXXXXXGroup of 5
Weighting: XXXXXXXXXX%
Requirements:
You are expected to use the academic literature to support a well-constructed argument
on the above topic. That is, you are supposed to write an annotated bibliography rather
than just descriptions and summary (please see the link below as to what is an annotated
ibliography).
‘Acceptance is a definite and unqualified assent to an offer, on all of its
terms. Any acceptance given conditionally will not result in a legally binding
agreement.’
Discuss the accuracy of the above statement with reference to Australian contract law. Your
answer should include reference to a number of relevant cases, focusing on explaining the
decisions of the court in each, rather than merely summarising the facts.
You should discuss the role acceptance plays in contract formation, including explanation
and discussion of the way the courts have responded to conditional or qualified
‘acceptance’, citing the relevant judicial decisions.
You must use a number of reputable academic sources outside of the prescribed text and
follow the footnotes and bibliography.
Marks are specifically awarded for the above. Failure to conduct adequate research or to
properly acknowledge sources may result in failing the assignment or further penalties.
This assignment must be submitted through the Turnitin link for this assignment.
Note: A link on the sample description of annotated bibliography from UNSW:
https:
student.unsw.edu.au/annotated-bibliography


LAW100 Business Law (20S1 – Major Assessment Essay- Marking ru
ic)
Group#
Students’ names in the group: ………………………………………………...
Students’ IDs in the group: ……………………………………………...………………………………………………...………...


Part A: Below Expectations
- fail grade
Meets Expectations
– pass to credit grade
Exceeds Expectations
- distinction to high distinction grade
1. Essay
Bibliography (Harvard
form)
Limited references. Research na
ow
or i
elevant.
8 references from wide range of
sources.
More than 8 references from a wide range of sources.
Assessment task
informed by research.
Work shows little or no evidence of
use of research material.
Research material incorporated into
work..
Research material effectively incorporated into work.
2. Applying the knowledge
Understanding Limited understanding Sound understanding Sophisticated understanding
Applying the knowledge Limited acknowledgement Acknowledgement Sophisticated ability to applying the knowledge
3. ESSAY CONVENTION
Presentation (Prescribed
form - double spaced,
12pt font, 3cm margins)
Problems with style, structure, English
expression, development of
argument. Not presented in
accordance with prescribed form.
Essay well written. Appropriate style,
structure, English expression,
development of argument. Presented
in accordance with prescribed form.
Essay well written, with attention to style, structure, English
expression and development of argument. Essay engaging
with clear opinions. Presented in accordance with
prescribed form.
4. References
In-essay citations in
Harvard form.
Poorly identified. Good coverage Excellent work
Part A Mark
40
Marker’s Name: Ross (Nirosha) Gunasekera
Comments:
Answered Same Day Aug 07, 2021 LAW 100

Solution

Tanmoy answered on Aug 10 2021
156 Votes
Law 100 – Business Law
Acceptance is a definite and unqualified assent to an offer, on all of its terms. Any acceptance given conditionally will not result in a legally binding agreement.’
Introduction
A conditional agreement is one where there are certain conditions made by an offeree and requests the offeror that he can enter into the agreement only if such terms and conditions are accepted by the offeror. This is also known as counter offer or proposal. Hence, it is also known as a qualified acceptance and will not be legally binding on the offeree until the conditions stated by the offeree are accepted by the offeror and a contract is established between the two parties. (US Legal; Qualifies acceptance law and legal definitions)
There can also be another type of conditional acceptance where the offeree or the drawee promises to pay a cheque or a draft or any other financial instrument only upon fulfilment of certain terms and conditions. This may be with regards to payment of the draft only when the goods shipped reaches the offeree and he supervises and inspects the quality and quantity of the goods after which he make the payment. If the goods are not as per the standard specifications, the offeree or drawee will not pay the draft and return the goods in full or in parts as rejected goods. (Richard Stim (Attorney); NOLO; What constitutes acceptance of a contract offer?)
Analysis
As per law, a qualified agreement is a type of acceptance where there are certain conditions applicable on the agreement. It is actually a counter proposal where there are certain legal features applicable with respect to the amount, location, medium and terms of payment. As per the negotiable instrument act, if the original terms and conditions of the agreement are modified by the acceptor then it turns into a qualified acceptance. (Law J Rank; Acceptance; Types of acceptances)
Hence, it can be stated that a conditional acceptance is an agreement which fluctuates with the original terms and conditions of the agreement and runs as a counteroffer. But, as per the above statement ‘that an agreement with conditions is not legally binding can be only when the offeree terminates the power of accepting the offer due to the following reasons:
1. Expiry of an offer: Most offers get rejected due to expiry of the offer. It depends on the time limit set between the offeree and the offeror. If the agreement states that the offer will...
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