Scenario 4(b):

Siena Foxtrot Airport called for tenders for supplies of 500kg of green seed for its runway surrounds, with a closing date of I June.

The following tenders were submitted:

• Green Grow hand-delivered its tender on 29 May, which went into the tender box.
• Sow This! posted its tender on 15 May. This letter was received by Siena Foxtrot 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.
• Grassy Plains 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 Siena Foxtrot officers. The administrative assistant forgot where she had filed the Sow This! tender and did not find it again until a week after the decision was made. The tender by Sow This! was actually the lowest and contained the most attractive features.

Green Grow's tender was the next lowest, but Siena Foxtrot had heard rumours about its reliability. The airport therefore awarded the contract to Grassy Plains. Siena Foxtrot posted a letter to Grassy Plains advising that its tender was successful. Unfortunately, this letter never reached Grassy Plains because it was destroyed by a disgruntled postal worker who had just been made redundant. Since it had not heard from Sierra Foxtrot, Grassy Plains instead committed its full stock of seed to another contract with a regional council.

While Grassy Plains denied the existence of any contract with Siena Foxtrot, Green Grow Insisted that it had a contract with Siena Foxtrot. Sow This! also informed Siena Foxtrot that it would deliver 500kg of green seed on 15 July.

Please help me with this case following instruction! Thanks and appreciate

Facts

Even if you are not required to submit a list of facts in your answer, it is a good idea to write one. This will help you sort through the facts you have been given and determine which facts are relevant and how you are going to use them. The following is a list of questions that may help you following

Who is involved? (identify parties specifically by name, if possible) Who suffered?

How?

Why? (was it avoidable?)

What is the known (relevant) information? Is there any missing information?

Include specific details like dates and monetary figures.

Issues

After identifying the essential facts of the case, you must correctly identify the legal issue. The legal issue is a question that, once it is answered, will help solve the legal problem. To correctly identify the legal issue, you should

• Identify the Plaintiff and Defendant
• Identify the problem: what has gone wrong and for whom?
• Work out what area of law may govern the resolution of the problem. This could include, but is not limited to the following bodies of law.
• Tort of Negligence
• Contract law (be specific about which part)
• Australian Consumer Law (be specific about which section of the Australian Consumer Law)

Sample Formula:

The issue is whether + (1) parties + (2) problem + (3) specific area of law (including case names and/or specific legislation sections) + (4) relevant facts as they relate to the specific law that resolves the dispute.

Good Example: Did (1) Sam (2) violate (3) the Road Traffic Act, 1985, Sec. 18 (RTA) (4) when he was riding his bicycle on the sidewalk?

Bad Example:Did Sam break the law?- Not enough information.

Note:Assessment tasks are set around the work that you have done in class or will do in class. You are not expected to go outside the content of the unit but you are expected to explore it

Rules

Following the identification of the legal issue, you should

• Set out the legal rules and principles that will be used to address the legal issue(s)
• Source the legal rules and principles from cases and legislation
• Only use the legal rules and principles that are necessary to address the legal issues.

Good example:

The rule of law is that it is a violation of the RTA for a person to drive a vehicle on a sidewalk. According to section 18 of the Road Traffic Act, it is a violation of this law for any"person" to"drive" any"vehicle" on any"footpath";

For purposes of this law, the following words are defined as follows:

1. a"person" is any human being over the age of 16 years old;
2. a"vehicle" is any method of mechanical transportation;
3. to"drive" a vehicle means to control how fast the vehicle goes and the direction the vehicle goes in; and
4. a"footpath" is any sidewalk or path that is intended primarily for people to walk on, not for vehicles;

Note:Make sure you are specific when stating the relevant legal rules and principles, and always cite the sources of the relevant legal rules and principles.

Application

After identifying the relevant legal rules and principles, you should apply these legal rules and principles to the facts of the case with a view to solve the legal issue. This is the most important part in your answer and normally accounts for more than a half of your marks. In this part, you should

• Form your own position as to how the legal issue should be answered. In doing so, you should fully explain and justify your position based on the relevant legal rules and principles that you have identified in the"Rules" part.
• Explain clearly why the Plaintiff's claims are (or are not) reasonable, based onthe relevant legal rules and principles that you have identified in the"Rules" part.
• There are often several Plaintiffs involved. Take the time to examine each case individually and analyse why their claims are (or are not) valid.
• It is acceptable to refer the reader to another point in the paper, rather than rewriting it word for word, if the situation calls for the same legal recommendation.
• ALWAYS justify the claims you make! WHY do you think so?

Good example:

Applyingsection 18 of the Road Traffic Act to the facts of this question, it can be argued that Sam is a person, and he actually drove a vehicle on a footpath.

Indeed, Sam is a person because he is a human being and 22 years old. According to section 18 of the Road Traffic Act, a person is any human being who is over the age of 16.

Similarly, according to section 18 of the Road Traffic Act, a"vehicle" is any method of mechanical transportation. Bicycle is obviously a method of mechanical transportation because people normally use it to travel from one place to another place.

Section 18 of the Road Traffic Act defines driving a vehicle as controlling how fast the vehicle goes and the direction the vehicle goes in. In this case, Samwas controlling how fast the bicycle was going and the direction the bicycle was going in. As a result, it can be argued that Sam was driving the bicycle. It is worth noting that we usually say"riding" a bicycle, rather than"driving" a vehicle, but based on the definition of"drive" provided in section 18 of the Road Traffic Act, Sam was driving the bicycle.

Finally, the sidewalk on which Sam drove his bicycle was a footpath because sidewalks are intended primarily for people to walk on, not for vehicles to be driven on. Moreover,section 18 of the Road Traffic Act defines clearly that a sidewalk is a footpath.

Note: Take time to discuss the contentious aspects of the case rather than the aspects that are most comfortable or obvious.

Conclusion

• Stand back and play'the judge.'
• Choose the argument you think is the strongest and articulate what you believe to be the appropriate answer.
• State who is liable for what and to what extent.
• Consider how parties could have acted to better manage their risks in order to avoid this legal problem.