Contract Law Assignment

The assignment details a scenario where Andrew sells his music collection to three individuals - Victor, Bianca, and Clara. The task is to determine the validity of contracts formed between Andrew and each of them, considering legal concepts such as intention, consideration, and acceptance. The assignment also requires application of these concepts to real-world scenarios, reflection on their relevance in future careers, and proper use of APA referencing.

Scenario 2 - Contract Law
Legal concept: For establishment of a valid contract, the main requisitions are offer, acceptance,
consolidations, intention to have legal binding.
 Offer: This must be made by a person to sell some items in exchange of money,
property rights etc., an offer can be made to a specific person, or to particular group of
people or to public through advertisement or open announcement.
 Acceptance: The offer made shall be accepted in absolute terms (Smith, 2018). This
means with exact terms without any modifications in them; in case of any changes
made in terms of offer is called as counter-offer that eliminates essential elements of a
valid agreement.
 Invitation to treat: a person who makes an invitation to treat does not have an intention
to be bound when it is accepted by a person to whom it is made.
 Communication of acceptance: for a valid contract, acceptance is complete when it is
communicated to the offerer with all its terms.
 Consideration: This means something valuable in return, for thing that is offered for sale.
The consideration may wholly in cash or kind or both (Giancaspro, 2017). Monetary
valuation is not necessary, but something must be given in return for acceptance of the
offer.
 Intention: This can be defined as both parties to a valid contract; one who is making an
offer and other who accepts it. For a contract to be legally enforceable parties must
possess an intention to enter into legally binding agreement. In agreements intention
of being legally binding is often mentioned but is referred as per the circumstances
revealing around the agreement. (Intention, 2018).
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 Advertisement and contract law: usually, advertisement, brochures, catalogues,
announcements made to public for sale of commodity for a particular price are not
considered as offer with an intention to have legal binding effect. There are three
elements that makes an advertisement a valid offer: a). It clearly defies the details-of the
product, b).it s referred to a specific person or group of individuals, c). The situation
makes is definite that advertised as intent to enter into a contract (Are Advertisements
Contracts? 2018).
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1. Contract of Andrew
In the given case, Andrew has a valid contract with Victor. As advertisement was
an invitation to treat was made by Andrew to public as a whole and accepted by three
persons Clara, Bianca and Victor.
In given case Victor, there was a valid contract, he communicated his acceptance
in person and counter offer was made with a higher price which means there was
modification in terms of offer and negotiation was done by Andrew and Victor. Andrew
accepted the counter offer by Victor and there formed a contract between both of them.
2. Reason for unsuccessful purchase from Andrew
Bianca accepted the offer of Andrew but with changes in terms of offer as she
suggested to purchase music collection at $32,500, which was not the original offer from
Andrew. In response to this counter offer, Andrew said that offer price will remain same
and Bianca can purchase collection for $35000 only and this offer stands for next 4 days.
In return there was no call from her (Contracts & agreements, 2018). Hence, there is no
valid contact as contract have been made with someone else.
Clara sent her acceptance through letter and was received by Andrew on the next
day of advertisement. There was no negotiation in terms of offer, that she enclosed a
cheque of $35000 which was the offer for buying music collection (Intention, 2018). In
letter, she clearly stated that in case she did not hear anything from Andrew she will come
to collect music items the very next day. Andrew did not react to the acceptance of Clara,
Silence is not acceptance “whatever the circumstances it is fundamental to bear
in mind that a contract is not completed until acceptance is actually communicated to the
offeror”. In the given case, though Clara accepted all the terms without modification,
there was no acceptance from Andrew so no legal contract was established.
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3. Suing Andrew for damages
For Bianca, she did not accept the counter offer made by Andrew and he already
has an agreement with Victor and had no legal contract with him, so she cannot sue
Andrew as she did not have a contract with Andrew.
In case of Clara. Andrew has no contract with her so she do not have an option to
claim damages as cheque of $35,000 given by her is not encased by Andrew. He can
either return the cheque or Clara can cancel it.
4. Personal Conclusion
With preparation of this short law project on contract law, I have learnt about how
specific regulations are applied in a case scenario. I have gained an insight on
presentation format of a question related with law. I have developed an understanding
about identification of legislation and regulation relevant with given case are applied in
given situation to reach a conclusion.
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REFERENCES
Giancaspro, M. (2017). Is a ‘smart contract’ really a smart idea? Insights from a legal
perspective. Computer Law & Security Review. 33(6). pp.825-835.
Smith, J. (2018). Contract law in Australia. Ethos: Official Publication of the Law Society
of the Australian Capital Territory. (248). p.60.
Intention. 2018. Available through
https://www.lawhandbook.sa.gov.au/ch10s02s01s02.php
Contracts & agreements. 2018. Available through
https://www.accc.gov.au/consumers/contracts-agreements
Are Advertisements Contracts? 2018 Available through
https://www.legalmatch.com/law-library/article/advertisements.html
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Law short answer assignment marking sheet
Criteria
Description / explanation of legal
concepts used responding to the essay
topic
30% (6)
3.5
You did explain legal concepts, but because you separated
them from the questions you were answering, it wasn’t clear
you actually understood them. You referred to social
contracts and I don’t think that is what you meant.
Application of legal concepts to the essay
topic
45% (9)
3
It wasn’t clear you understood the legal principles you
referred to and it wasn’t clear you had understood the
resources taught in the course. Poor application of the legal
concepts to the questions.
Reflection upon how the legal concepts
covered in your essay will apply to your
own future career in the creative
industries
10% (2)
1
Assessment item title, topic, and student
name
English expression, including logical
structure, spelling, grammar, tone, and
proofreading. Correct use of APA
referencing.
15% (3)
1.5
Well labelled, poorly worded, some of your references have
been used to cite something that the article never spoke
about.
Total 9/20
Grade 45% Fail
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