Applying Legal Principles in Real-Life Scenarios
Added on 2019-10-12
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ASSIGNMENT TASK Managing legal risk requires the ability to apply abstract legal principles to real life scenarios. In the assignment below you are to apply the legal principles learned in this unit to answer the questions posed. In particular, you should: A. Apply relevant legal principles of the ‘Introduction to the Australian Legal System’ and ‘Principles of Contract Law’ topics in this unit. B. Provide relevant definitions of legal elements as required.1. Sarah and Nerve Constructions Sarah owns a large block of land in Sandringham on which she wants to build a modern single story dwelling. Sarah’s friend James is the Director of Nerve Constructions and Sarah is hoping to be offered a cheap deal. Sarah sends an email to James that reads: “James! Why did I not think about this before!? Do you think Nerve could design and build my new place in Sandy? My budget is somewhat limited. I couldn’t spend more than $300,000 for the whole thing. Let me know if this is doable and we could get the ball rolling. Thanks, Sarah”James received Sarah’s email, and sent his own email in reply. It stated: “Hey Sarah, We usually don’t do fixed price contracts for less than $350,000. But for you, I’m willing to take it on for $310,000 for design and build. Assuming this is fine please find attached our standard form contract for completion. Happy to help! James” Sarah never returned the contract. In fact, a week after her initial email she signed an agreement with Build It! Pty Ltd to build the house for $300,000. James, assuming everything was fine, had already spent$15,000 getting preliminary architectural drawings for the build.
Eventually, James called Sarah to see why the written contract wasn’t returned. This is when he learned Sarah had gone elsewhere. “Well, you will have to pay us for the money wasted on this already”, James said. “But we never agreed on anything!” Sarah angrily replied.QUESTIONS: Assuming James and Sarah cannot resolve this dispute on their own, where could James apply to get compensation for the money he spent? (20 marks) What do the terms “design and build” and “fixed price” mean? (10 marks) Has a contract been formed in this scenario? In your answer define and apply each of the contract formation elements learned in class. Ensure you define each element. (30 marks) (Offer,acceptance,,consideration,intension)2. Bartle Constructions Pty Ltd and All Rock Pty Ltd Bartle Constructions Pty Ltd (BC) is the head contractor for a large civil project. BC were engaged by Geelong City Council following a competitive tender process. BC engages All Rock Pty Ltd (AR) to provideconcrete pumping services for the project.
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