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

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QUESTION 1 (9 Marks)BLAW (TERM XXXXXXXXXX) – Essay Question DUE DATE: 4pm on Friday, WK 8Hoping to promote his struggling small business, Buster Brady placed the following advertisement in the January edition of his 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 cod which 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 people fishing at Lake Kanchan that weekend. Tommy, who was unaware of the advertisement, was even more surprised when, at around 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 something for 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, Buster sent 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 ignore element 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 a new 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, Buster had only made three payments totalling $3,000, Tommy was told that “Buster would not be able to make further payments until 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 and immediately 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 instalment in 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 (7 marks)(b) Would your answer be any different if Tommy had told Buster to pay the balance of the debt as a lumpsum payment? (4 marks) (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.The End

Bichitrananda · Accepted Answer

ESSAY ON BUSINESS LAW
Q1. Analysis of the Party rights in the contract
For the given case to be a valid contract, it must fulfil four the elements required in a contract. (Offer, 2015) The first element ‘Offer’ is made on the tag with the price of $10,000 for the Murray Cod. The second element which is acceptance of the offer is met when Tommy decides to claim the reward and the consideration in the contract is that Tommy catches the Murray Cod and the intention is for promotional purposes. The contract between Buster Brady and Tommy is a unilateral contract as it is one-sided and the offer is to a group of fishermen for promotion of the business. Tommy enters into the contract once he finds the tag in the Murray cod that he caught while fishing. Even though he was unaware at first, the contract only begins with the offer to the Fishermen and the acceptance of the offer by Tommy. A unilateral agreement is when the offer is made from a one-sided party and specifically addressed to a group for whom the offer is valid. In this case, the offer is being made to all the fishermen and fisher ladies of Keenanville.
(‘Carlill v carbolic smoke ball company [in the court of appeal.] [1893] 1’, 1893) Based on the case, the offer made to the plaintiff (Tommy) is specifically addressed to fisherman and Tommy is a fisherman. Hence, the contract is legally binding and the plaintiff (Tommy) has rights in the contract as a party entitled to the reward. The plaintiff (Tommy) according to the contract has performed his duty or obligation required to perform according to the offer presented there. According to (Offer, 2015), since one party has already fulfilled the terms of the agreement or performed the required duty, only the other party is obliged to perform the terms of the contract. (SA, 2018) The contract is legally binding and now Buster Brady is obliged to pay the reward of $10,000 to Tommy. According to (SA, 2018), the contract comes becomes legally binding due to the advertisement in the newspaper. Buster Brady sought performance to promote his business and the act by Tommy fit into this category. The consideration for the contract was that any fisherman or fisher lady from Keenanville who caught the Murray Cod. 
Tommy’s rights or claims to the reward can be based on the Carlill Vs Carbolic case. (Contract Law, 2019) mentions that the rights of Tommy can be based on the claim that the advertisement in the newspaper was an offer made by Buster Brady and specified the performers of the act in the contract. The only way the offer made in the advertisement could be invalid is if the contract was revoked before the performance of the act or the obligation in the contract. The terms in the advertisement were specific and had no attachment of ambiguity in it which makes in enforceable and legally binding to the other party (Tommy). Tommy’s rights in the case also didn’t require notice of acceptance because the terms of the advertisement didn’t require any notice and had it been required for the contract, the notice of acceptance would be at the same time Tommy performed his actions since, that’s when the second party comes into the knowledge of the contract and returning the Murray Cod would mean that the notice of acceptance and the terms of the contract are being met (Contract Law, 2019). Tommy’s rights also included a clear consideration of the party (Crabshack) being benefited as a result of the promotional advertisement for the business and to reach a wide group of audience. This consideration was part of the binding unilateral contract after it as accepted merely by performing the act.
Buster Brady as the (Contract Law, 2019) states could argue that the advertisement was for the fishermen that participated in the competition as an indication of the advertisement being vaguely for the competitors rather than any random person unaware of the advertisement. Beginning with the first element,

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

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