Contract formation
LAW EXTENSION COMMITTEE WINTER 2016
04 CONTRACTS ASSIGNMENT
INSTRUCTIONS
In Contracts, there is only ONE ASSIGNMENT. This assignment is compulsory and must be submitted by all students. The assignment will constitute 20% of the final mark in this subject.
Assignments must be submitted by the due date unless an extension has been granted. Extensions need to be requested by email prior to the assignment due date and specific supporting evidence provided. Late assignments attract a penalty of one mark out of 20, or 5% of the total marks available, per day. A pass mark is 50%. Assignments that are received more than ten days after the published due date will not be accepted. Please note that students granted an extension must still submit their assignment within ten days of the original assignment due date.
Assignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined in the Guide to the Presentation and Submission of Assignments. Prior to the examination, assignments will be returned to students and results posted on students’ individual Results screen of the LEC Webcampus. Students are responsible for checking their Results screen and ascertaining their eligibility to sit for the examination.
The rules regarding the presentation of assignments and instructions on how to submit an assignment are set out in the Guide to the Presentation and Submission of Assignments available on the LEC Webcampus. Please read this guide carefully before completing and submitting this assignment.
The maximum word length for this assignment is 2000 words (inclusive of all footnotes but not bibliography). The total number of words must be stated on the title page and the number of words on each page stated at the bottom of that page. Assignments must not exceed the prescribed word limit.
Assignments will be assessed on what is presented before the the word limit is reached. If the stated word count is inaccurate, the assignment may not be assessed.
Failure to follow these instructions could result in a reduction in marks, which may lead to ineligibility to sit for the examination.
Completed assignments should be lodged through the LEC Webcampus and received by 11:59pm (Australian Eastern Standard Time) on Thursday 30 June 2016.
Please download the Assignment Coversheet. The coversheet will be the first page of your assignment. Save it with the name you intend to use for the assignment, and begin your answer on the second page. Make sure you complete the Assignment Coversheet by entering in your Full Name and Address Details and the Date you lodged your assignment on the Webcampus. Next to “Signed”, type your name to acknowledge that the assignment is your own work.
COMPULSORY ASSIGNMENT
Task
You are a solicitor specialising in contract law. Write a memorandum of advice for your client, concerning possible claims and outcomes, should Poindexter Smith sue the producers of I’m a Nobody Get me In There’. You may choose whether you want to represent Poindexter or the producers. While your advice should be clearly written, it should discuss all relevant issues of law even if you believe the answer to one of the issues will dispose of the matter and these should be discussed in sufficient detail, so that it would be informative to another lawyer, as well as your client.
You can assume you are being asked to give advice after 30 September 2015.
The file includes:
1. Advertisement in the Sydney Afternoon Herald
2. Application form filled in by Poindexter Smith
3. I’m a Nobody invitation letter with ‘agreement’
4. Letter of resignation from Poindexter Smith
5. Receipt for fitness lessons
6. Email correspondence
7. Letter from Computer Repairs Inc to Poindexter Smith
8. Press release from Channel 20
The advice should be given using the material studied in the Contracts course up to and including “Intention to Create Legal Relations”. This is not intended to be a research exercise and so you should concentrate primarily on the prescribed course materials. You need not consider issues of agency.
Sydney Afternoon Herald 20 July 2015
I’m a Nobody, Get Me in There
In conjunction with Channel 20
Are you a ‘Nobody’? Do you want to be a ‘Somebody’? Maybe even better than that, a ‘Celebrity’.
If so then here’s your chance to take part in the newest, most difficult survivor challenge yet: ‘I’m a Nobody, Get me in There’.
Yes, that’s right! Twenty individuals will be selected to compete in an urban environment, namely the newest greatest shopping mall in the country the EastUrban mall (EU). That’s right, prior to its official opening you will be put through your paces, we will test your drive, intelligence, fitness and capacity to be a Celebrity.
You are competing for the prize! The winner will be given $500,000 and 2 hours to spend on levels 1 and 2 to buy as much Stuff as they can. But that is not all, you then get another $500,000 and another 2 hours to spend on levels 3 and 4 to get more Stuff. And if you still do not have enough Stuff, wait for it, another $500,000 and another 2 hours to spend on levels 5 and 6 to buy more Stuff. All the Stuff you need. So get ready to ‘stuff up’.
Are you strong enough? Are you clever enough?
Are you the ‘Nobody’ who could be a ‘somebody’?
There can be only ONE.
For more information and an application form call: 1900 123 456.
Or visit our website: www. imanobody.com.au
I’m a Nobody, Get Me in There
A Channel 20 production
Application Form
Name:__Poindexter Smith_________________________________________________________
Age:________29________________________________________________________________
Occupation:____Computer Repairer__________________________________________________
Address:________Mum’s house_____________________________________________________
Telephone:______045 045 045____________________________________________________
Email:_______________poindextersmith@hmail.com____________________________________
Hobbies ____________Early 90s computer games_______________________________________
Write in 20 words or less why we should choose you:
See above!
______________________________________________________________________________
Please also include a short 5 minute video-tape of you showing us what a ‘nobody’ you are!
By signing this form I agree that if I am chosen to take part in ‘I’m a Nobody, Get Me in There’, I will make myself available and free of any work or social commitments between 1 October 2015 and 30 November 2015. I also agree that if I am chosen I understand that I may be filmed at any time and will not make any claim against the producers of I’m a Nobody.
Signature: _____________ Poindexter Smith Date__30 July 2015________________________________
Send your completed application form and video tape (which will not be returned) to:
I’m a Nobody, Get Me in There
PO Box 1234
Hornsby NSW 2077
Sydney Gym
Suite 1, 23 Sydney Road, Sydney, ABN 001 232 232
Receipt
For: Course of 10 x 1.5 hour fitness classes
Cost: $400
To: Poindexter Smith
Signed: Peter Piper
Date: 1/9/2015
I’m a Nobody, Get Me in There
A Channel 20 production
15th August 2015
Dear Poindexter,
CONGRATULATIONS!!!
We think you are great and we’d love you to come to a meeting to finalise the participants in ‘I’m a Nobody, Get Me in There’.
Please bring this letter to Sydney Town Hall, George Street, 18th August 2015 at 5pm.
You will be asked to sign it there. You will receive a formal contract in time.
We look forward to meeting you in person!
The production team of I’m a Nobody.
——————————————————————————————————————————–
Agreement
1. The contestant agrees to be available exclusively for filming between 1 October 2015 and 30 November 2015.
2. The contestant agrees to keep all dealings regarding ‘I’m a Nobody, Get Me in There’ secret until the television show has been released.
3. The producers of I’m a Nobody promise to treat all contestants with respect and care.
4. The producers of I’m a Nobody will try, but do not promise that the competition will proceed in accordance with the terms of the Production Schedule agreed with Channel 20.
5. This agreement is subject to the construction and tenanting of EastUrban shopping mall (EU) being complete prior to when filming is to begin.
Signed:____ Poindexter Smith _____ (contestant)
Signed:__ Jimmy S Lugg_________(on behalf of the producers of I’m a Nobody, Get Me in There)
Poindexter Smith
12 Glebe Cove Road
Glebe NSW 2039
Mr Roy Good
Manager
Computer Repairs Inc
123 Parramatta Road
Belleville NSW 2001
20 August 2015
Dear Mr Good,
Re: Resignation
I am writing this letter pursuant to our telephone conversations about my situation. As you know I have been selected to take part in a reality TV show and therefore need time away from work from 1 October until 30 November 2015. I understand that you cannot afford to give me leave without pay and so I will need to resign as of 20 September 2015.
Thank you for your encouraging words.
Yours sincerely
Poindexter Smith
Poindexter Smith
In
_____________________________________________________________________________________
To: Poindexter Smith <poindextersmith@hmail.com>
Subject: Re: I’m a Nobody
Hey Poindexter,
Thanks for your email. Unfortunately, we don’t have room for you on the show. We think you are terrific, but we decided to change the number of people from twenty down to sixteen and as a result you were excluded. While you fit the bill for being a nobody, at the end of the day we are looking for someone who had the capacity to become a celebrity and we feel you will always be a nobody no matter how much work we put into you. We made it pretty clear the other night that nothing was certain until the legal paperwork was done. And as you will remember it was a pretty fun event and everyone probably had a little too much to drink. I don’t think any of us can really remember all that was said, but none of it could be taken as the final word. We did not want to waste your time.
Anyway, we hope you enjoy the series when it comes on tv.
I can understand your disappointment and without any admission of liability on our part I can offer you $500 as a settlement fee. If we do not hear from you by 30 September we will assume you have accepted this.
Best wishes
Jimmy S Lugg
Producer and Executive Director
I’m a Nobody, Get Me in There
3/9/15
At 15:11 2/9/04 +1100, you wrote:
>Dear Jimmy,
>
>On 18th August at the Town Hall, the production team said that all of us who were there were >’guaranteed’ a place on I’m a Nobody. They provided so much detail about what was going to >happen and told us that we had to keep it all pretty secret as part of our ‘agreement’.
>
>I don’t understand why I haven’t heard anything since. I kept expecting something in the mail. But I >just saw an ad in a magazine with a list and photos of all the participants for the show. I wasn’t included.
>
>Can you please let me know what is going on?
>
>Thanks
>Poindexter
____________________________________________________________________________
Printed for Poindexter Smith <poindextersmith@hmail.com>
Computer Repairs Inc
123 Parramatta Road
Belleville NSW 2001
5th September 2015
Dear Poindexter,
I’m really sorry to hear that your involvement in the reality TV show didn’t work out.
Unfortunately, I can’t offer you your job back, as in the meantime I have found another really good repairer. You are very talented and I’m sure something else will come your way.
Yours sincerely
Roy Good
Manager
Channel 20 Press Release
29 September 2015
News today that the board of one of the EU joint venturers has voted to exercise an option to withdraw from the EU putting the future of the largest shopping mall in the southern hemisphere into question.