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ACC203 Financial Accounting 2

tag 0 Download 10 Pages / 2,360 Words tag 06-09-2021


Advise Lila what is her legal position under the topic of ‘Formation of Contract’. In particular, ensure you address the following questions in your answer. When answering each question, it is important that you outline the issue, relevant law, application and conclusion. Please refer to relevant case(s) in your answer (under the law part of your answer).

(a)What are the four elements to form a contract and were they satisfied on the facts, as between (i) Lila and the store and (ii) Dina and Lila?

(b)Was the advertisement on television an offer to sell the item?

(c)Was the displayed IPhone Max at the store an offer to sell the item?

(d)Was the inaccurate price tag a breach of contract by the store?

(e)Was the promotion promising a discount on purchase of items of at least $2500, an offer?

(f)What was the effect of the email sent by the store to Lila informing her the discount promotion no longer applied? In other words, how does the Electronic Transactions Act apply here? Was the store in breach of contract?

(g)What was the effect of Lila and Dina’s emails to each other on Gumtree? Was there a contract between them?

Advise Jane on her legal position under the topic of ‘Terms of a Contract- In particular, under the topic of ‘Exclusion Clauses’. Refer to relevant case(s) in your answer.  In your answer, be sure to address the following questions:

(a)What type of clause was found on the docket Jane received?

(b)Was the clause effectively incorporated into the contract? (i.e. was it a document to be signed or unsigned document and what was the legal effect of it being either one of those above)

(c)Would your answer for (b) be different if the receipt was not signed?

(d)What was the legal effect of the representative’s reply to Jane’s question about the clause on the receipt?

(e)Was the wording of the clause clear?

(f)Is the four corners rule relevant here?

(g)Overall, are you of the opinion that Jane can claim for her damaged gown?

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