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LAWS11030 Introductory And Contract Law

tag 0 Download 17 Pages / 4,155 Words tag 14-07-2021

Questions:

This is an individual written assessment worth 40% of your total marks.

  • Part A requires you to read a case and apply legal knowledge gained from the case to answer eight short answer questions.  
  • Part B comprises of one problem based question and one essay.

NOTE

  1. In which court is this case [2015] QSC 119 heard?  What is the jurisdiction that the court is exercising?
  2. Outline the facts of this case [2015] QSC 119 in your own words.
  3. Outline the legal argument put forward by Stellard Pty Ltd.
  4. Outline the legal defences claimed by North Queensland Fuel Pty Ltd.                           
  5. Do the parties in the following scenarios have a legally binding contract? Assume all facts are given in the scenarios presented.

You are to support and quote the case(s) and legal principle(s) you have relied upon for your legal reasoning from the cases cited by Martin J in [2015] QSC 119.  These cases are found under the heading “What are the principles to be applied?” starting from paragraph [30].  

(a) Allan is a web designer.  Bob is an entrepreneur with a new start-up business.  Bob wants Allan to come up with a complex webpage for his new start-up business. After a one-hour initial discussion with Bob, Allan told Bob that he should be able to meet the preliminary requirements to set up the webpage.  Bob was happy and told Allan that he had “sealed the deal”. They shook hands at the end of their conversation.                                                                                                                                   

(b) After a lengthy six months negotiation and exchanges of emails for the sale of a unique painting and verification of provenance of the artwork by an independent art expert paid for by Y, a sophisticated art collector, Y accepted the counter-offer price of $3 million by X, subject to the execution of a formal agreement by their solicitors.

(c) A lessee (tenant) requested for a new lease as their existing lease with the lessor (landlord) is about to expire.  They have been in a lease relationship for two terms with duration of 6 years in total.  As per usual practice in the past lease renewals, the lessor informed the lessee in an email:  “I intend to renew the lease with you for another three years on terms similar with the existing lease, with the exception for rent to be increased annually by a rate to be determined by an independent commercial property valuer. New lease is subject to execution of a formal contract.”  The lessee responded in an email stating, “Email received and noted.” To date, no formal execution of the lease has been carried out.

  1. What are the reasons for Martin J in [2015] QSC119 to conclude that there is a contract between the parties despite the fact that the email correspondences between the parties suggest that the offer is “subject to contract”?    You are to support your answer from facts from the case.    2 marks                                           
  2.  Stellard Pty Ltd & Anor v North Queensland Fuel Pty Ltd [2015] QSC 119 deals with legal implications in property negotiations. The following is another fictitious situation in property negotiation:

You own a corner block of land in a suburb in Melbourne.  You decided to sell the block of land.  To increase the potential of capital gains, you have applied and gained approval from the relevant authority for the land to be rezoned for residential high-density development. In the Sale of Contract, there is no specific documentation to the approved zoning from the relevant authority as your solicitor is still waiting for the paperwork to come through. A property developer is keen on the property and the price you want for the property but notices the lack of zoning documentation. He wants to do his own due diligence and wants some sort of assurance that during the time of his investigation, his keen interest on the property is protected. You are equally interested not to lose this potential buyer given a falling property market.

Outline ONE risk mitigation strategy in law you can propose to the developer to meet his requirement. The risk mitigation strategy is to be backed up by a legal principle (case to be cited) from your study in week five.

  1. Specific statutory requirement is stipulated for the sale of land under s59 of the Property Law Act (Qld) 1974.  

Assuming that you are an employee of a Queensland real estate agent representing an Australian seller who now resides overseas. You have been conducting negotiations and finalising the sale between the seller and the interstate buyer entirely in the form of email correspondences.

Outline TWO risk management proposals to the management of the real estate agent you work for to safeguard the legitimacy of the sale in light of s59 of the Property Law Act (Qld) 1974 after what you have learnt from reading paragraphs [56] to [69] from the case [2015] QSC 119.

Question One

Crystallite, a Queensland business, has recently won a major contract to stage a musical production in Brisbane.  As part of the requirements of this musical production, specialised light fittings are needed.  A tender process is initiated by Crystallite to secure the supply of 50 specialised light fittings from a sub-contractor.  In its tender advertisement, Crystallite specified that time is of the essence in the supply of these specialised light fittings.

Discuss the legal arguments of both parties and the likely outcome as to whether there is a contract between them. You are to support your response with legal principles and cases.  You are to concentrate only on this issue, i.e. there is no requirement to address consequences for breach of contract, if any.

Cases are to be drawn from week 5 study materials, including lecture contents and reading from your prescribed textbook, Chapter 3.  Subject to the word limit, there are no maximum cases that you should refer to.

Indicate your word count at the end of your response.

Question Two

The doctrine of separation of powers is the cornerstone of our government in Australia as it provides complete accountability to the Australian people.

Discuss this statement. Your analysis is to be supported from a variety of sources (at a minimum two sources). Sources of your analysis may come from the Australian Constitution, academic journals, textbooks, cases and newspaper articles. No specific number of journals, textbooks, cases and newspaper articles are stipulated. The more sources you draw your information from, the more enriched your content will be to support your analysis.

Indicate your word count at the end of your response.

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Total 17 pages

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My Assignment Help. (2021). LAWS11030 Introductory And Contract Law. Retrieved from https://myassignmenthelp.com/free-samples/laws11030-foundations-of-business-law/government-politics-in-australia.html.

My Assignment Help (2021) LAWS11030 Introductory And Contract Law [Online]. Available from: https://myassignmenthelp.com/free-samples/laws11030-foundations-of-business-law/government-politics-in-australia.html
[Accessed 28 January 2023].

My Assignment Help. 'LAWS11030 Introductory And Contract Law' (My Assignment Help, 2021) <https://myassignmenthelp.com/free-samples/laws11030-foundations-of-business-law/government-politics-in-australia.html> accessed 28 January 2023.

My Assignment Help. LAWS11030 Introductory And Contract Law [Internet]. My Assignment Help. 2021 [cited 28 January 2023]. Available from: https://myassignmenthelp.com/free-samples/laws11030-foundations-of-business-law/government-politics-in-australia.html.


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