country
$20 Bonus + 25% OFF
Securing Higher Grades Costing Your Pocket? Book Your Assignment at The Lowest Price Now!
Add File

Error goes here

BLO1105 Business Law

tag 0 Download9 Pages / 2,076 Words tag Add in library Click this icon and make it bookmark in your library to refer it later. GOT IT
  • Course Code: BLO1105
  • University: Victoria University
  • Country: Australia

Questions:

1.

Magda is a highly acclaimed professional photographer focussing on celebrities in the fashion, entertainment and sports industries.  

Magda advertises and sells prints of her works via her website: www.madgaportraits.com.au, but she also sells directly to the public from her home studio.

The website sets out various categories of works including one entitled ‘Elite Sports’ where she has thumbnail photos of limited edition, framed, photographic portraits that she has taken, showing prices (including postage and handling).

There is also a notice on the website indicating that these portraits are numbered and signed by Magda, and are printed on archive quality, acid-free paper.

Avinash visits her website and admires a photographic portrait of an Australian Olympic champion, Paris Stilton. The advertised sale price is $2,000 and it is described as ‘a limited edition of only 3 prints’. According to the website only one of these portraits remains unsold.    

As described below, a number of exchanges take place between Magda and Avinash.  

Sunday 19 February:

  • Using the supplied email address from the website, Avinash emails Magda saying, ‘l’ll buy the Paris Stilton portrait for $1,600’.
  • Within minutes, Magda emails him back saying that she ‘cannot accept less than $1,800’.
  • An hour later, Avinash replies, indicating that $1,800 sounds like a fair price but asks her to ‘hold the portrait so he and his wife can discuss the matter’. Avinash points out that as his wife is overseas, the earliest his wife could do so would be the following Tuesday, 21 February.
  • Magda responds immediately by email agreeing to this and attaches the following scanned document:   

I, Magda Kingsbury, hereby offer to sell Avinash Kapoor one framed print of Olympian champion, Paris Stilton, for $1,800 cash. This offer shall remain open until 11.59 pm on Tuesday 21 February.

Signed: Magda Kingsbury

Monday 20 February:

  • Avinash emails Magda at 9 am stating he had been able to consult with his wife earlier than expected and he was willing to pay $1,800 for the portrait on the condition that she provided a certificate of authenticity that verified the portrait’s origin and status as a limited edition work.    
  • Magda emails him back at 9.30 am saying that she could do so. She adds, “If you want to go ahead you must confirm with me by 4 pm today”.  Avinash hesitates and decides to think it over and does not reply that day believing he has until Tuesday 21 February to decide.      
  • At 11 am, Elton, a sports enthusiast, who had visited Magda’s website and seen the portrait of Paris Stilton, decides to pay a visit to her studio to see it on display. Without haggling over the price he purchases the painting for $2,000 cash and takes it away with him.
  • At 11.30 am, Magda emails Avinash informing him that the portrait had been sold.

 The next day, Tuesday 21 February:

  • At 9.45 am, without having actually read Magda’s most recent email ( in 8 above), Avinash telephones her informing her that he will buy the painting for $1,800. Magda informs him he has missed out.

Required

  • Advise Magda and Avinash whether they had formed a binding contract with one another.
  • You will need to address all the essential elements of a contract as well as analyse the legal status (if any) of each step or event that occurred, including information on the website. Refer to relevant case law and provide definitions of legal terms. In this part, do notdiscuss the impact, if any, of consumer protection laws.
  • You may, but are not obliged to use the IRAC format for this part, given that each step or event needs to be analysed separately.

(b) Assume Elton discovered that the portrait he had purchased had only been printed on low quality photographic paper and was therefore susceptible to colour degradation (already occurring) which would not happen had high quality archive quality paper been used. Furthermore, he has discovered that recently, Magda had sold ten of the so-called limited edition prints of Paris Stilton to other buyers. 

Advise Elton of his rights under the Australian Consumer Law (‘ACL’).

  • By reference to the ACL, explain whether
  • Elton qualifies as a consumer
  • Magda has breached any terms
  • Magda has made any misstatements  
  • Refer to specific sections of the ACL and any relevant cases
  • For your information, ‘limited edition’ most commonly refers to the publication of an edition of a book, or reproduction of a print or object, limited to a specific number of copies.
  • Use IRAC format.

2.

‘Consideration provided under a contract is not always valid. This can have unfortunate consequences for a party seeking to enforce the ‘contract’.   

Required

Discuss this statement referring to relevant case law.  

Include:

  • An indication of whether you agree or disagree with the statement, justifying your viewpoint
  • Identification of the type of consideration exchanged between Magda and Elton ( from question 1)     
Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

Upload
Unique Document

Document
Under Evaluation

Get Money
into Your Wallet

Total 9 pages, 1 USD Per Page

Cite This Work

To export a reference to this article please select a referencing stye below:

My Assignment Help (2020) Business Law [Online]. Available from: https://myassignmenthelp.com/free-samples/blo1105-business-law/binding-contract-a-case-between-avinash-and-magda.html
[Accessed 24 November 2020].

My Assignment Help. 'Business Law' (My Assignment Help, 2020) <https://myassignmenthelp.com/free-samples/blo1105-business-law/binding-contract-a-case-between-avinash-and-magda.html> accessed 24 November 2020.

My Assignment Help. Business Law [Internet]. My Assignment Help. 2020 [cited 24 November 2020]. Available from: https://myassignmenthelp.com/free-samples/blo1105-business-law/binding-contract-a-case-between-avinash-and-magda.html.


Students who are just starting to write autobiography are often to question ‘autobiography example’. There is no need to feel embarrassed about it because it is indeed a critical task, especially for the first-timers. You can always ask ‘write my paper’ to MyAssignmenthelp.com as you probably know that we are considered to be the best essay writing service. You will be happy to see that we have advanced word count tool with which you can easily count words.

Latest Business Law Samples

M34C12 International Trade And Economic Law

Download : 0 | Pages : 13
  • Course Code: M34C12
  • University: University Of Sunderland
  • Country: United Kingdom

Answer: Introduction The following content is with the context of a hypothetical shipping Company Marine Groups Limited which does its business through the waterways is more focussed on implementing the various strategies as well the application of the law of trade with respect to the module of scenarios regarding the import and exports along with the procurement of the demonstration of the working practise of the law of trade. The law of tra...

Read More arrow

ACC106 Business Scenario And Instructions

Download : 0 | Pages : 55
  • Course Code: ACC106
  • University: Charles Darwin University
  • Country: Australia

Answer: Chart of Accounts                                Account Name Account Type Usual Balance Account Type                               Cash at Bank Asset Debit Current Asset               &nbs...

Read More arrow

BUSN20016 Research In Business

Download : 0 | Pages : 17
  • Course Code: BUSN20016
  • University: Central Queensland University
  • Country: Australia

Answer: Introduction In customer advertising, marks generally were the beginning stage of aggressive recommends, with the goal that they can be critical for accomplishment of associations. Subsequently, it is essential to oversee marks by key approach (Wood, 2000). The brand is the principle property of the organization (Aaker, 1996). Brand value indicates distinction in cost in which a solid brand is pulled in its deal in research with a med...

Read More arrow

COM101 Business Communication

Download : 0 | Pages : 2
  • Course Code: COM101
  • University: International College Of Management Sydney
  • Country: Australia

Answer: Shane Watson is a well known personality from Australia. He was born on 17th June 1981 and was nicknamed as Watto. He had made many records in the international cricket. He retired from all forms of international cricket in the year 2016. In his entire career he faced many injuries but with his zeal to play for the nation he was able to return back strongly. Shane Watson debut his international cricket on 24th March 2002 v S...

Read More arrow Tags: Australia Lilyfield Management Business Communication University of New South Wales 

BUSL250 Business Law

Download : 0 | Pages : 4
  • Course Code: BUSL250
  • University: Macquarie University
  • Country: Australia

Answers: Corporate culture refers to the attitude, behavior and values which is dedicated to the creation of an outstanding psychological and social environment within the corporation. It is an integration of different factors such as mutual beliefs, values as well as ideology of the members of the corporation. It was developed with the emergence of market, background, types of employees, strategies, product and services, different categories ...

Read More arrow
Next

Save Time & improve Grade

Just share requirement and get customized Solution.

watch
question
We will use e-mail only for:

arrow Communication regarding your orders

arrow To send you invoices, and other billing info

arrow To provide you with information of offers and other benefits

Add File

Error goes here

1,498,900

Orders

4.9/5

Overall Rating

5,100

Experts

Our Amazing Features

delivery

On Time Delivery

Our writers make sure that all orders are submitted, prior to the deadline.

work

Plagiarism Free Work

Using reliable plagiarism detection software, Turnitin.com.We only provide customized 100 percent original papers.

time

24 X 7 Live Help

Feel free to contact our assignment writing services any time via phone, email or live chat. If you are unable to calculate word count online, ask our customer executives.

subject

Services For All Subjects

Our writers can provide you professional writing assistance on any subject at any level.

price

Best Price Guarantee

Our best price guarantee ensures that the features we offer cannot be matched by any of the competitors.

Our Experts

Assignment writing guide
student rating student rating student rating student rating student rating 5/5

134 Order Completed

95% Response Time

Thomas Nelson

MS in Information Systems Technology with Specialization in Database Administration

New Jersey, United States

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

2109 Order Completed

99% Response Time

Emma Zhong

Ph.D in Project Management with Specialization in Project Communications Management

Singapore, Singapore

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

610 Order Completed

100% Response Time

Cheryl Zhao

PhD in Statistics

Singapore, Singapore

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 4/5

2594 Order Completed

95% Response Time

Michael Johnson

Masters of MSc in Economics

Washington, United States

Hire Me

FREE Tools

plagiarism

Plagiarism Checker

Get all your documents checked for plagiarism or duplicacy with us.

essay

Essay Typer

Get different kinds of essays typed in minutes with clicks.

edit

GPA Calculator

Calculate your semester grades and cumulative GPa with our GPA Calculator.

referencing

Chemical Equation Balancer

Balance any chemical equation in minutes just by entering the formula.

calculator

Word Counter & Page Calculator

Calculate the number of words and number of pages of all your academic documents.

Refer Just 5 Friends to Earn More than $2000

Check your estimated earning as per your ability

1

1

1

Your Approx Earning

Live Review

Our Mission Client Satisfaction

it was really helpful. i got my asssignment on time even before the deadline.it was written really well i am glad that I came to Myassignmenthelp.

flag

User Id: 401534 - 24 Nov 2020

Australia

student rating student rating student rating student rating student rating

very professional i got it before the due time i set, the sheet that was sent to me was very neat and very well done.

flag

User Id: 551988 - 23 Nov 2020

Australia

student rating student rating student rating student rating student rating

Great work! Really appreciate the help and efficiency. Very well organized. Thank you for your help.

flag

User Id: 522859 - 23 Nov 2020

Australia

student rating student rating student rating student rating student rating

given on time. well presented. and very helpful, trust these guys for all your work

flag

User Id: 142836 - 23 Nov 2020

Australia

student rating student rating student rating student rating student rating
callback request mobile
Have any Query?