Legal Studies
Session 2, 2018
Assignment 1:
Due date: Monday 6 August (week 6)
Value: 25% (25 marks) of the total value of this unit.
Length: 2800 words (maximum)
If the word limit is exceeded, marks may be deducted where the excess is caused by
i
elevant material.
Question 1 (13 marks)
In a letter, dated 1 March and posted the same day Ann wrote to Jack offering to sell him
her car for $12,000. She wrote,” I will give you until 7 March to make up your mind”.
However, soon after posting the letter Ann changed her mind and on the morning of 2
March posted Jack a second letter advising him that the car was no longer for sale.
Jack received Ann’s first letter at 10.00 am on 3 March. At 2.00 pm on the same day, Jack
posted the following reply to Ann:
‘I like your offer very much but due to my present financial position will you accept
payment of $1000 per month over a year?
This letter reached Ann on the morning of 4 March.
On the afternoon of 4 March Jack received an unexpected cheque for $16,000 from his
uncle, and at 4.00pm he posted a second letter to Ann which said:
‘Forget my last letter; I accept your offer made in your letter dated 1 March and can pay
you immediately I receive the car’.
An hour after posting that letter Jack received Ann’s second letter advising that the
car was no longer for sale.
On 5 March, Ann received Jack’s second letter.
Ann seeks your advice on whether there is a contract between her and Jack.
In your answer, you are required to refer to relevant legal authority
Question 2 (12 marks)
Batty was driving to work in his car when his car
oke down. He telephoned his local
garage, Qualal Motors, and told them of his difficulty. They agreed to send out a
mechanic, Eddie, to repair the car.
When Eddie checked the car he discovered that it could not be repaired at the roadside
ut would have to be towed to the garage. Batty agreed to this.
Eddie winched up the car on to the towing vehicle for the purpose of towing it to the
garage. However, a worn clip on the towing gear being used by Eddie slipped open
causing the car to fall. The car ran backwards over Batty’s foot
eaking several of his
toes. Also, the car’s suspension was severely damaged in the fall.
Displayed on the back of the towing vehicle was a notice:
“All towing is undertaken at the customer’s risk. Qualal Motors and their
employees accept no liability for any damage, injury, or consequential
loss, howsoever caused, while a car is being towed.”
Batty wrote to Qualal Motors claiming compensation for the injury to his foot and for the
cost of repairing the damage to his car’s suspension. They rejected his claim and refe
ed
him to the notice on the towing vehicle and to a similar notice that was displayed in their
garage.
Advise Batty of any legal rights he may have against Qualal Motors to obtain
compensation for his injury and the damage to his car.
You are required to consider only the legal position at common law.
In your answer, you are required to refer to relevant legal authority.
Legal Studies
Session 2, 2018
Assignment 1:
Due date: Monday 6 August (week 6)