Question Two- Chapter 4 Contract (Offers, acceptance, consideration, intention to create legal relations and revocation)

MARKING CRITERIA FOR THIS QUESTION

Identification and discussion of relevant legal issues: 5 marks

Examination & analysis of information: 5 marks

Cindy is a recent graduate of Murdoch University having majored in Hospitality and Tourism. She applies for a job as a Restaurant Manager at a salary of $55000 per annum at a well- known international hotel in Perth city after seeing the position advertised on SEEK.

After two weeks, Cindy is contacted for an initial interview after which she is short-listed for the position along with five other applicants. Cindy is advised that if she is successful, she will receive an offer via Australia Post mail. She eagerly checks her letterbox every day and finally on the 31 March 2020, she is delighted to receive an offer of employment from the hotel. She studies the paperwork, signs on the dotted line for acceptance and posts the letter back to the hotel at 2pm on the 2^nd April 2020. The hotel receives Cindy's acceptance on the 4^th April at 10am.

Unfortunately, due to the inexperience of one of the hotel's administrative staff, another offer of employment for the same position was posted by mistake to one of the other short listed applicants, Henry. Henry received his offer by post at 10am on 2^nd April 2020 and was so excited that he signed acceptance and hand delivered it back to the hotel the same day at 4pm! As soon as the hotel received Henry's acceptance, it realised the mistake that had been made and sent a letter to Cindy advising her that the offer of employment to her was withdrawn.

Cindy is of course extremely upset to receive the withdrawal letter in the mail and wonders if there is anything she can do legally about this.

REQUIRED

Start with readings from the prescribed textbook, as well as any supporting materials on LMS. Then undertake thorough research beyond the prescribed textbook[1] and advise Cindy whether a valid contract (agreement, consideration and intention) has been entered into between herself and the hotel and whether the hotel's withdrawal is effective.

[1] Do not forget to correctly reference all of your sources!

MARKING CRITERIA: TOTAL ASSIGNMENT

Identification and discussion of relevant issues (what is the legal problem(s) raised by the question and what does the law state in relation to this?) Evidence of research beyond the prescribed textbook is required: 12 marks

Examination & analysis of information (how does the above discussion apply in relation to the facts of the question?): 12 marks

Presentation (includes word count): 2 marks

Referencing: 4 marks