TLAW 101 – BUSINESS LAW – ASSIGNMENT QUESTIONS
Assessment Details
Objectives
Answer the following questions with reference to the relevant common law and equity
principles operating in Australia concerning contracts plus related and other transactions. Do
not consider the effects of legislation potentially applicable other than that specifically
identified. Students may make whatever additional factual and/or legal assumptions are
necessary or convenient. And students must write about 1500 words (+/- 10%), or about 750
(+/- 10%) words per 15 mark allocation.
Assessment Task
Question 1 15 Marks
The University of Millennia called for tenders for supplies of green seed for its surrounds, with
a closing date of 1 June.
The following tenders were submitted:
• Greenland hand-delivered its tender on 29 May, which went into the tender box.
• Enviro posted its tender on 15 May. This letter was received by the University on 17 May,
but, by being submitted so early, one of the administrative assistants filed it with the
intention of later putting it in the box when she was properly organised.
• Plant Forever posted its tender on 30 May. This letter arrived on 2 June but nevertheless
was put into the tender box.
It transpired that only two of the tenders were considered by the relevant administrative
officials of the University. Although the tender by Enviro was the lowest and contained the
most attractive features, the administrative assistant forgot where she had filed it and did not
find it again until a week after the decision was made.
Greenland’s tender was the next lowest, but because of rumours about its unreliability, the
University awarded the contract to Plant Forever. The University posted a letter to Plant
Forever advising that its tender was successful. Unfortunately, this letter never reached Plant
Forever because it was destroyed by a disgruntled postal worker who had just been made
redundant. Since it had not heard from the University, Plant Forever instead committed its
full stock of seed to another contract with a regional council.
The University became aware of the full situation concerning the tender by Enviro and the
position in which Plant Forever now finds itself. It seeks advice concerning its contractual
position in relation to all three tenders.
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Question 2 15 Marks
On 1 October Footloose Pty Ltd placed the following notice in the Daily News newspaper:
Special Shoes Special Discounts
Footloose Pty Ltd is awaiting the delivery of the latest summer collection shoes from Italy.
Styles include the new slingback sandals and wedge heels. Prices start at $2000 per hundred
pairs (certain styles only); big discounts may be negotiated for bulk orders. All inquiries to Ms
Simone, Sales Manager, on 1400 765 432 or by fax on 06 9234 567.
On 2 October Famous Footwear sent the following fax to Ms Simone:
We accept your offer in the Daily News. We wish to order 500 pairs at $2000 per hundred.
Details on delivery to follow.
On 4 October James, the owner of shoe retailer James’s Shoes, which had several regional
stores throughout Australia, sent the following fax to Ms Simone at Footloose:
We refer to your notice in the Daily News and would like to purchase 2000 pairs of slingback
sandals. Our best price is $30,000 including GST and delivery. Please advise.
On 6 October Ms Simone sent the following fax to James:
Footloose will sell 2000 pairs of slingback sandals for $30,000, excluding delivery. Payment by
cash or bank cheque is due on delivery. Please advise.
James immediately wrote the following letter to Ms Simone, which was mailed on 8 October:
We refer to your fax of 6 October and are prepared to meet you on those terms. Please let me
know the earliest delivery date.
On 10 October Ms Simone telephoned James. After a short discussion James faxed Ms Simone
a copy of the letter of 8 October. The parties agreed that James’s Shoes would take delivery
of the sandals from Footloose’s Sydney warehouse on 1 November.
Referring to relevant case law and giving reasons for your propositions, discuss the legal effect
of each of the forms of correspondence between Footloose, Famous Footwear and James’s
Shoes that took place between 1 October and 10 October.
Assessment Criteria
Fail
You will have shown evidence of the following:
• the written expression is poor and difficult to understand
• the answer is poorly organised
• referencing is generally inadequate
• lack of familiarity with the legislation and its application
• failure to identify and address the issues in the question
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• reasoning and application demonstrated is poor.
Pass
You will have:
• made a conscientious attempt to address the topic and/or answer the question
• shown evidence of having done the required reading and of having understood the
reading
• presented a reasonable argument to back up your conclusions
• demonstrated a reasonable level of spelling and grammatical usage
• used referencing but this may need improvement
• issues that may need to be identified and addressed in more depth.
Credit
You will have:
• addressed the topic and/or answered the question directly
• presented soundly based arguments and backed these up with reasons
• gone beyond description to analysis of key issues
• used the English language well
• shown evidence of reading widely
• demonstrated understanding of the reading
• used referencing that is satisfactory.
Distinction
You will have:
• met the above criteria for a credit
• demonstrated the attainment of a high degree of understanding of the concepts of
the course
• demonstrated deep insight into the application of knowledge and skills acquired to
complex theoretical and practical situations
• used referencing correctly
• made reference to all appropriate legislation.
High Distinction
You will have:
• met the above criteria for a distinction
• demonstrated the attainment of an outstanding level of achievement regarding the
objectives of this course
• demonstrated an interesting and/ or original approach/ idea/ argument
• demonstrated mastery of the relevant referencing system
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• ensured conclusions are backed by well-reasoned arguments demonstrating a
detailed insight and analysis of issues
• ensured references are made to the appropriate legislation for particular issues.
END OF QUESTIONS
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