Case Study Assignment

Running head: CASE STUDY ASSIGNMENT
CASE STUDY ASSIGNMENT
Name of the Student:
Name of the University:
Author Note:

CASE STUDY ASSIGNMENT1
Email to the solicitor:
To
The solicitor,
New South Wales.
Subject: Findings related to the two cases.
Respected solicitor,
In this letter we would like you to review the findings made in the two case scenarios.
The file notes of both the cases are provided here for your kind perusal. In the first case, the
following observations were made.
a) The instant case is related to offer and invitation to offer in contract. To form an offer,
there must be an intention to create a contract. It means the willingness of the party to
enter into a valid contract with a particular person or class of persons as seen in the case
of Brambles Holdings Limited v Bathurst City Council [2001] NSWCA 61, Court of
Appeal (NSW). Invitation to offer means inviting someone unknown in public to make a
proposal in response to the invitation.
b) Contract: A contract is said to be an agreement that is legally binding as well as it
controls the rights and duties of the parties to the agreement. It is said to be a promise or
group of promises which is binding legally on the parties to it. The elements are
consideration, agreement, intention, certainty and capacity.

CASE STUDY ASSIGNMENT2
The agreement consists of offer and acceptance as seen in R v Clarke [1927]
HCA 47, (1927) 40 CLR 227. Consideration is the second element of contract which can
be anything from money to any service as seen in Woolworths Ltd v Kelly (1991) 22
NSWLR 189. In addition to this, the parties must possess the capacity of entering the
contract. Mentally impaired persons, drunks or minors lack the capacity. The parties also
must possess the intention to create a legal relation in contract as observed in Helmos
Enterprises Pty Ltd v Jaylor Pty Ltd [2005] NSWCA 235, Court of Appeal (NSW).
Lastly the agreement must be certain.
c) As per the facts of the case, Robert, the managing director advertised in catalogue that a
plasma television is for 200 $ instead of 2000$. This denotes an invitation to offer and
not an offer as this is made not to any particular party but to the public in general as
observed in case of AGC (Advances) Ltd v McWhirter (NSWSC, 1977).
Tom collected one of the catalogues and seeing the advertisement went to the store and
asked for the television. Thus it is seen that no offer is made. When Tom asked for the television,
it amounts to an offer. But, the sales assistant told him that there was a mistake in the printing
the catalogue and denied to give it for 200$. Hence, no contract was formed between Tom and
Rosella Ltd. Thus if he takes any legal step against the company, he may not be successful as
there was no contract.
d) In order to locate and analyze the instant case, firstly the topic of contract has been
understood from the course materials. Then, we understand the elements of contract; from there
offer and invitation to offer are also known. By referring the case laws and the Australian
Contract law, the facts of the case are known and issued are answered.
In the second case study, it is analyzed whether the contract can be discharged.