Note: these reference for this work.

1. Reference one:

Checklist: How to Write an Effective IRAC Response Step 1: Task Understanding o Read the Instructions carefully [Read the Marking Rubric o Read the Case Study to identify the Key Facts in the question. = Highlight the Key Facts Step 2: Understand IRAC Watch the |RAC video to understand how IRAC works. Read the Intro to IRAC handout 1 and |ntro to IRAC handout 2 to give you a more detailed understanding of how IRAC works. Review the_'ldentifying the IRAC Components link' for a quick reminder of what IRAC is and where each of its component parts fits in. Step 3: Review the resources e Read the lecture slides forweek 5,6 and 7 e |dentify the relevant legal principles and case law o Apply the laws to the facts of the scenario question to find a conclusion Purpose: Case studies are analyses of situations or problems to be solved. They are used to communicate challenges and recommendations, in order to drive change. In this assessment, you will apply theories taught in class to a real world business scenario, helping you develop your analysis, problem-solving, and writing skills. In Law Case Study scenarios, we use the IRAC method to analyse and structure our answer to the question. In Part 1 you were guided step by step on how to do IRAC. In this part of Assessment 2, you are ready to implement the IRAC method to 2 different Case Study Scenarios (below). Recall you have had some practice with IRAC in Part 1 of this Assessment. e The first Case Study relates to Contract Law, namely, the topic of Formation of Contract e The second Case Study relates to the law of contract law and terms. CASE STUDY SCENARIOS & QUESTIONS Case Study Scenario 1 (Contract Law - formation) Q1 (25 Marks) Whilst perusing a catalogue, David sees an advertisement for sale of second-hand books at the University co-op bookshop as follows \"Up to 50% off on all finance textbooks. Hurry! While stocks last. If a customer spends at least $50 in store, they are entitled to a gift card with 530 credit on it which can be used anytime over the next few months.\" David decides to visit the bookshop that afternoon and when there, observes a promotional table which had the sign \"All Finance books $10.00". David thought it was quite a bargain, picked up 3 books and went to the cash register handing the cashier $30.00. The cashier told David that the books were wrongly priced and that each of them should in fact be $20.00. David informs the cashier that the only reason he came to the store was because he saw the catalogue advertising a discount promotion and insists he be sold the books at $10 each. David then enquired whether he could at least get the gift card with $30 credit on it if he spends more than $50 in store, to which the cashier replied, \"No sir, that advertisement was not meant to be taken seriously.\" David is of the view that he is entitled to the gift card with $30 credit on it. Since his dealing with the bookshop, David has tried to take his mind off the missed gift card and decided he needed to purchase a laptop for his University studies. Peter, a marketing student at WSU (who happens to be David's friend), has a Macbook Air which he has advertised on a private sales website, www . lemontree.com.au, for $2000. David saw the advertisement and sends an email to Peter and asked, \"Is this laptop the latest model and does it have a good camera and quality speakers? | can pay you $1500.7 Peter replied via email, \"Yes it is the Macbook XVIII, the latest premium range and it does have the features you enquired about. | have a lot of interest in the laptop.l am keen to sell quickly.My final price is $1900." David replies via email stating, \"We've got a deal, but | will need to pay you in weekly instalments.\" Peter then states, \"If | don't hear from you in 3 days' time, | assume that you are keen to purchase the laptop. | will need a lump sum amount to be paid I'm afraid.\" The next day David finds out that Peter sold the laptop to his friend Luke for $1500.00. He approaches Peter and says, \"We had a deal, you owe me the laptop\". CASE STUDY SCENARIOS & QUESTIONS Case Study Scenario 1 (Contract Law - formation) Q1 (25 Marks) Whilst perusing a catalogue, David sees an advertisement for sale of second-hand books at the University co-op bookshop as follows "Up to 50% off on all finance textbooks. Hurry! While stocks last. If a customer spends at least $50 in store, they are entitled to a gift card with $30 credit on it which can be used anytime over the next few months.\" David decides to visit the bookshop that afternoon and when there, observes a promotional table which had the sign "All Finance books $10.00. David thought it was quite a bargain, picked up 3 books and went to the cash register handing the cashier $30.00. The cashier told David that the books were wrongly priced and that each of them should in fact be $20.00. David informs the cashier that the only reason he came to the store was because he saw the catalogue advertising a discount promotion and insists he be sold the books at $10 each. David then enguired whether he could at least get the gift card with $30 credit on it if he spends more than $50 in store, to which the cashier replied, "No sir, that advertisement was not meant to be taken seriously.\" David is of the view that he is entitled to the gift card with $30 credit on it. Since his dealing with the bookshop, David has tried to take his mind off the missed gift card and decided he needed to purchase a laptop for his University studies. Peter, a marketing student at W3U (who happens to be David's friend), has a Macbook Air which he has advertised on a private sales website, www lemontree com.au, for $2000. David saw the advertisement and sends an email to Peter and asked, \"Is this laptop the latest model and does it have a good camera and quality speakers? | can pay you $1500.7 Peter replied via email, "Yes it is the Macbook XVIII, the latest premium range and it does have the features you enquired about. | have a lot of interest in the laptop.l am keen to sell quickly My final price is $1900." David replies via email stating, "We've got a deal, but | will need to pay you in weekly instalments.\" Peter then states, "If | don't hear from you in 3 days' time, | assume that you are keen to purchase the laptop. | will need a lump sum amount to be paid I'm afraid.\" The next day David finds out that Peter sold the laptop to his friend Luke for 51500.00. He approaches Peter and says, "We had a deal, you owe me the laptop. Advise David whether there are any contracts in existence in the above scenarios and if he has any rights under them. Each of the scenarios should be answered in a separate IRAC. Case Study Scenario 2 (contract law - terms) Donna had just finished watching a movie at her local shopping centre. She went back to the car park to collect her car which she had left at a car wash service located at the car park. As she was inspecting the car, she noticed there was a dent on the boot of her car which had not been there before. she immediately called the car wash attendant and showed him the dent. The attendant replied: \"Sorry lady you give your car at your own risk.\" He pointed to some wording at the bottom of her car wash receipt which stated that: \"The car wash is not responsible for any loss, damage or theft of your vehicle however caused while in our custody.\" At this point, Donna remembered that she had signed the receipt (as requested by the car wash) when she left the car at the car wash before heading for her movie. she also remembered having read the above wording on the receipt and having not understood it, asked the attendant if any type of damage to the car was covered, to which he had replied, "Damage caused by scratching through use of our cleaning products is excluded.\" Advise Donna as to whether she may claim against the car wash for the dent caused to the boot of her car. (Use IRAC to answer both questions). Please refer to relevant case-law in support of legal principles discussed.CONSIDERATION: The rules of consideration include: 1. Consideration must be present in every simple contract. Consideration is not required when the contract is under seal {see the distinction between formal and simple contracts, above). 2. Consideration may be future, present but not past. Future (executory) consideration occurs where there is a mutual exchange of promises. It is evident where the promises exchanged are intended to be fulfilled in the future. Present (executed) consideration occurs where an act is performed by one party in exchange for a promise given by the other party. Past consideration is where a promise is given by one party after an act has been performed by another party. Past consideration is no consideration. In other words, it is not legally effective (Bgscorla v Thomas (1842) 3 QB 234; Andersonv Glass (1868) 5 WW & AB (L) 152; Lampleigh v Braithwait {1615) Hob 105; 80 ER 255) 3. Consideration must movefrom the promisee, but need not move to the promisor {(Dunfop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd [1914] All ER 333; 4. Consideration must consist of something of value, but does not need to be adequate (Chappell & Co Ltd v Nestle Co Ltd [1960] AC 87, Thomas v Thomas) 5. Consideration must be sufficient. Examples of insufficient consideration are: A duty imposed by law (Coflins v Godefroy (1831) 1 B & Ad 950; A duty already imposed by contract{Stifk v Myrick (1809} 2 Camp 317; Hartley v Ponsonby (1871) 119 ER 1471; Buf note: Williams v Roffey (Practical Benefit flowing to the Promisor might constitute sufficient consideration). A moral obligation and natural love and affection (Eastwood v Kenyan (1840} 11 Ad & EI 438) A promise that is vague, indefinite or illusory. See White v Bluett 6. The Rule inPinnel's Case (1602) 77 ER 237 applies to situations involving repayment of money. The rule provides that payment of a lesser sum on the day due in satisfaction of a greater sum cannot be satisfaction for the whole (see alsoFoakes v Beer (1884) All ER 106). However note the exception of Promissory Estoppel (See Central London Property Trust v High Trees). Offer and acceptance For a contract to be valid, it must be possible to show that one party made an offer, and this offer was accepted by the other party. The offer An offer is a proposal by one party to enter into a legally binding contract with another. The offer may be made in writing, orally or implied by conduct. The person making the offer is called the OFFEROR. The person to whom the offer is made is called the OFFEREE. RULES ON OFFERS: Rule 1: An Offer is distinct to an Invitation to Treat. An invitation to treat is merely an invitation to make an offer. Examples include: Advertisements- See Patridge v Crittenden Catalogues and Brochures Price Menus Display of goods on a shelf or in a shop window- See Pharmaceutical Society v Boots; Fisher v Bell Auctions where the Auctioneer invites bids. Tenders Rule 2: Supply of information is NOT an offer. See Harvey v Facey. Rule 3: The offer may be made direct to one person, a class of persons or to a number of persons generally (the whole world), such as an advertised offer. A case example is Carlill v Carbolic Smoke Ball Co (1893) 1 QB 256. If the wording of the advertisement is rather clear and specific (for example, it is a promise to pay a reward of some form in exchange for performance of an act), it could be an offer (and not just an invitation to treat). This is an example of a unilateral offer which can be accepted by another party. Simple example here- If you spend $200, you are entitled to get 50% off. This is an offer and not just an invitation to treat. However, if it uses the words "Up to 50% off, this is only an invitation to treat. Rule 4: The offer must be communicated to the offeree. The offeree must be aware of the terms of the offer. Rule 5: An offer may terminate in a number of ways: (a )Revocation/Withdrawal of offer- Notice of revocation must be communicated to the offeree before that person has accepted the offer. See Dickinson v Dodds; Byrne v Van Tienhoeven However, the offeror may bind himself/herself to keep the offer open to the other party for a stated time. This is called an option. To make this option binding, the offer must be under seal, or some consideration (for eg a deposit) must be given by the offeree to retain the option for the specified time. The option is like a mini- contract. Hence, if the Offeror attempts to pull out of the option, he could be sued for breach. See Goldsborough Mort v Quinn. (b)Lapse of offer (Expiry of Offer): An offer will lapse under certain conditions: at the expiration of the stipulated time at the expiration of a reasonable time if no time for acceptance is stipulated- the question of reasonable time is decided in relation to the facts of each case See Ramagate Victoria Hotel v Montefoire (1866) LR 1 Ex 109@Counter-Offer: A counter-offer rejects the original offer and is a whole new offer that must be accepted for there to be a contract. Once a counter-offer is made, the original offer ceases to exist and hence, the Offeree cannot demand that the Offeror revive his original offer. See Hyde v Wrench. Note: A Request for Information is NOT the same thing as a Counter-Offer. It does not destroy the original offer and hence the offer can still potentially be accepted. See Stevenson Jaques v McClean. (d) Conditional Offer (Condition Precedent): If the condition attached to the offer is not fulfilled, the offer terminates. No contract formed. (e) Death of Offeror or Offeree: If it is a contract for personal services where no one else can perform the same services, the Offer terminates with the death of the Offeror. The acceptance An acceptance occurs when the party to whom an offer is made agrees to the proposal of the offeror. Acceptance may be made by word of mouth, in writing, or by conduct, but must be made in the manner specified in the offer. Rules on acceptance: Rule 1: The general rule is that acceptance must be communicated (le. the Offeror must be aware that acceptance took place). However, there are exceptions to this rule where the fact that there was no official communication of acceptance, does not prevent there from being a contract formed. For example: 1. When acceptance is to take the form of an act. This is called a un lateral contract (reward case). There is a waiver of communication of acceptance (meaning the Offeror has got rid of the need to officially communicate acceptance. The performance of the condition attached to the offer is the acceptance. See the case of Caniff v Carbolic Smoke Ball Co (1893) 1 08 256. 2. Where the rules governing contracts by post apply.If both parties agree, the postal rule could apply. Acceptance of a contract by post is communicated as soon as it is posted. See Adams v Lindsell. The acceptance is not prejudiced by delay, destruction or loss of letters in the course of post. The post office is deemed to be an agent of the Offeror. Postal Rule can be excluded and it can be stated that acceptance has to be received for there to be valid acceptance. Note: If acceptance may be made by post, the revocation of an offer must reach the offeree before that person actually posts the acceptance, otherwise the revocation will be of no effect. 3. Instantaneous Communications such as emails: Where the Electronic Transactions Act applies: Where emails are used and both parties have exchanged email addresses, the email of acceptance for example is taken to have been communicated if it is sitting in the inbox of the Offeror even if the Offeror has not read the acceptance. See Entores case for example.Maore Info on the ETA: The Electronics Transactions (Contract Formation) Amendment Act 2014 clarifies that the \"postal acceptance rule\" does not apply where an acceptance of a contract offer is sent by an elecironic communication. Under a new section 13A of the ETA: \"an acceptance by electronic communication of an offer is taken to be communicated to the [party making the offer] at the time determined by section 11 to be the time of receipt for that electronic communication.\" Under section 11 of the ETA, an electronic communication is considered {o be received at the time it enters an information system designated by the addressee for that purpose. If no information system has been designated then the communication is considered to be received at the time that it comes to the attention of the addressee. Rule 2: Silence is pot acceptance and the Offeror hence cannot deem the Offerea's silence as meaning acceptance. See Felthouse v Bindiley (1862) 11 CB (NS} 869, Rule 3: The acceptance must be unconditional. Any conditions attached to an acceptance constitute a counter offer. This could be a change of the price or change of any other terms of the offer by the Offeree- for eg changing the delivery date or delivery location ete. See Masters v Cameron where 3 'subfect to formal contract acceptable to our solicitors\" clause in an agreement was considered to be conditional acceptance and hence no acceptance and hence there was no contract formed. Rule 4: The acceptance must follow any conditions stated in the offer; for instamce, if the offer stated 'fax reply', the acceptance must be communicated by facsimile. Otherwise acceptance is patentizlly invalid. Rule 5: The Offeree cannot use a method of communication slower than that used by the Offeror. If Offeror used emall, Offeree cannot use post and try to take adwvantage of the postal rule. Rule 5: The acceptance must be made only by the person or persons o whom the affer was made except if the acceptance is expressed by the Offeree or his agent. See Powell v Lee Rule 6: An acceptance cannot be revoked without the consent of the offeror. Rule 7: Acceptance must be made within the stipulated time or, if no time stipulated, within 8 reasonable time. Reasonable bime is decided in relation bo the facts of the case. Rule 8: The existence of the offer must be known to the person accepling it. An example of this rule can be found in the case of Crown v Clarke (1929) 40 CLR 227.. Rule or Law Application (Analysis) Conclusion LEGAL REASONING GRID {IRAC TEMPLATE) [ntention to Create Legal Relations In order for an agreement to be legally binding, the parties must have intended legal consequences to flow from a failure by one party to perform his or her obligations. The courts use an objective test to determine intention. In Ermogenous v Greek Orthodox Community of South Australia Incorporated (2001) 209 CLR 95, the High Court held that the question of intention was to be by asking: what inferences would a reasonable person have drawn from the words or conduct of the parties, having regard to all the circumstances? Relevant circumstances will include: What the agreement says What the parties have said The conduct of the parties The consequences for the parties, and Any surrounding circumstances. Before the decision in the case of Ermogenous, the Court presumed an intention to be bound, or not bound, given particular circumstances. These presumptions are still useful These presumptions are: 1. If the agreement concerns a business or commercial matter, it is presumed that the parties did intend to create legal relations. See Masters v Cameron. 2. If the agreement concerns a family, domestic or social matter, it is presumed that the parties did not intend to create legal relations (Todd v Nichol [1957] SASR 72, Balfour v Balfour). Each presumption may be rebutted by evidence showing otherwise. -For an example of where what would appear to be Domestic Agreements being legally binding.... see Merritt v Merritt (Separating couple) and Wakeling v Ripley (Migration case). -For an example of where a Commercial Agreement was held not legally binding due to a particular term inserted in the contract rebutting the intention. See Masters v Cameron. GUIDE TO ANSWERING CASE STUDY SCENARIOS 1 & 2 STEPS TO GUIDE YOU IN ANSWERING CASE STUDY SCENARIO 1 (Q1): Step 1: Task Understanding Read the Instructions and Checklist carefully Read the Marking Rubric Step 2: Analyse Facts in Case #1 Read Case Study Scenario #1 carefully and thoroughly Tohelp you understand the situation, highlight all the key facts and therefore associated legal rules (gg Offer, Invitation to Treat etc.) in the case which you will need to analyse as part of your IRAC answer. Step 3: Review the IRAC Model Answer Review the Model Answer for Case Study Part 1 (see Resources) to refresh your memory on howto present the 'RULES' section an IRAC answer for a contract law question. Toidentify and elaborate upon the legal principles and case-references relevant to Q1, access Summary Notes (available in Resources) on: o Rules on Offer and Acceptance o Consideration o Intention Step 4: Complete Legal Reasoning Grid (IRAC Template) Copyand paste the Legal Reasoning Grid (IRAC Template) below into your Word document. Each section of the grid has purple text - this information is there to guide you in completing your IRAC response Delete any purple text prior to submission Legal Reasoning Grid (IRAC Template) ssue State the Issue Review the Complete Model Answer for Case Study Part 1 (see Resources) to refresh your memory on how to present the 'RULES' section of an IRAC answer for a contract law question. Rule or Research the definitions of the relevant Legal Principles and Case-law to include Law within the Rules section of IRAC answer. Using the legal rules identified in Step 2, find definitions and supporting case-law references for each of these rules. You need to refer to: Summary of Rules on Offer, Acceptance, Consideration and Intention (in Resources section). . Lecture Slides on topic of Formation of Contract (in Resources section). Application Apply the Rules to the key facts identified in Step 2 (Analysis) Review the Complete Model Answer for Case Study Part 1 (see Resources) to refresh your memory on how to present the 'APPLICATIONConclusion State a Conclusion. Review the CompleteModel Answer for Case Study Part 1 (see Resources) to refresh your memory on how to present the 'CONCLUSION' STEPS TO GUIDE YOU IN ANSWERING CASE STUDY SCENARIO 2 (Q2): Step 1: Task Understanding Read the Instructions and Checklist carefully Read the Guide: Rubrics in Cadmus Manual and then your Marking Rubric Step 2: Analyse Facts in Case #2 Access Case #2 (available in Resources below) Read Case #2 carefully and thoroughly To help you understand the situation, highlight all the key facts and specific concerns the client has in the case which you will need to analyse as part of your IRAC answer.Step 3: Plan your IRAC Answer + Review the IRAC Model Answer for a Partnership Case Study to understand how to present an IRAC answer fora specific Business Structure. o NOTE: This is an example only. In your guestion, you are required to discuss business structures OTHER THAN sole traders. Online Resources such as the below to help you understand the Business Structures better before you attempt your answer for Qz2: o httns /fbusiness.gov. aumlanmngfbusmess structures- and -types/business-structures structure;r + Complete the Comparison Table of Business Structures (attached in Resources). To do this, you will first have to review: o Lecture Slides on topic of Business Structures. Step 4: Complete Business Structures Grid (IRAC Template) Copyand paste the Business Structures Grid (IRAC Template) below into your workspace in Cadmus Each section of the grid has purple text - this information is there to guide you in completing your IRAC response + Delete any purple text prior to submission Business Structures Grid (IRAC Template) State your structure here. Discuss 2 STRUCTURES other than Sole Traders. Issue Whether the particular business structure is a suitable one bearing in mind concerns of the client. Research the definitions of the relevant Legal Principles, sections of Legislation and Case-law to include within the Rules section of your IRAC answer . Complete the Comparison Table of Business Structures (attached in Resources). To do this, you will first have to review: o Lecture Slides on topic of Business Structures. Rule or Law Write the relevant legal rules, definitions of rules and associated sections of the Legislation Explain Definition of Business Structure (Elements) as per relevant sections of Legislation- Elaborate on each Element with reference to case-law. o For example: $1 Partnership Act states for there to be a partnership.... Carrying on a business means... (See insert case name). Explain other relevant characteristics of Business Structure- See Comparison Table you completed to guide you. o For example when discussing 'Liability' issues, (insert section) states that partners liability when business fails is..... See (insert case name).Address each of the concerns raised by the client (taking into account client's circumstances) and whether the particular structure would be suitable for client. . Use sub-headings to break up your discussion. Sub-headings could be the criteria you Application considered in your Comparison Table. For eg: Reporting Burden, Liability, Separate Legal Entity etc. Apply the Rules to the key concerns identified in Step 2 Review the Comparison Table of Business Structures handout. . (Analysis) Highlight which 2 structures are most suitable for the client by matching the specific concerns the client has in the case study to what you researched in the TABLE. Review the IRAC Model Answer for a Partnership Case Study for an example of how to do an appropriate 'Application' and 'Conclusion' for a particular business structure. Conclusion State a Conclusion. Therefore, is the particular structure suitable for the client? FOR BOTH QUESTIONS 1 AND 2, having completed the steps above, follow the FINAL STEPS to submission below: Step 6: Review Review your answers for Q1 and 2 against the IRAC Student Checklist (in Resources sectionjto fine-tune your answer further. Review your work carefully for spelling, grammar or other errors Checkthat any citations and references match Read the Marking Rubric again to check that you have met the criteria Step 7: Submit Final Submit your completed Case Study before the final due date + Check your email fora submission confirmation email + Once graded, review feedback in Turnitin