TLAW101 Business Law Report Writing Assignment

Running head: BUSINESS LAW ASSIGNMENT
Business Law Assignment
Name of the student
Name of the university
Author note

1
BUSINESS LAW ASSIGNMENT
Question 1
Facts
 An invitation for tenders had been made by the University of Millennium.
 The last date for submitting the tenders was 1st June.
 A total of 3 tenders was received by the University.
 Attender was posted by enviro on 15th May but had not been put into the tender box as it
was too early.
 The tender from Greenland was received on 29th May.
 The tender posted by plant forever on 30th May was delivered to the university on 2nd
June.
Issue
The legal position of the university with respect to plant forever enviro and Greenland.
Law
Legal position of parties to an agreement only exist when the agreement is a contract. This
makes it clear that all agreements cannot be considered as a contract. For the purpose of forming
a contract there are a few specific elements which have to be present in the agreement between
the parties. The first and foremost elements which are required to constitute a legally binding
agreement and that of offer and acceptance.
For the purpose of constituting an offer no particular form is required. An offer is a
statement which includes a promise of an act or omission if the individual to whom the offer is

2
BUSINESS LAW ASSIGNMENT
presented wants to do something in return as provided by the case Australian Woollen Mills
Pty Ltd v The Commonwealth (1954) 92 CLR 424.
As provided in the case of an offer can be directed towards a group on an individual or to the
whole world for the purpose of being accepted.
However there is an important but minor difference between an offer and an invitation to deal.
The process of differentiating between an offer and invitation to deal is not a simple process and
can only be derived through the intentions of the parties to the agreement. However guidelines
have been set so various cases where difference between offer and invitation to deal had been set
out.
In the case of AGC (Advances) Ltd v McWhirter (1977) 1 BLR 9454 it was provided by the
court that an invitation to tender has to be taken as an invitation to deal. However attender may
contain an additional offer according to which it would consider all the submitted tenders.
There are few ways in which an offer is terminated are namely rejection, revocation,
failure to accept on time, the death of the offeror and condition failure. It was provided by the
case of Byrne v Van Tienhoven (1880) LR 5 CPD 344 if an offer is expressly on impliedly
rejected by the offeree it cannot be accepted by him again. Rejection can be in form of a counter
offer or a straight refusal to accept. Thus it is necessary to find out the difference between a mere
request for information and the counter offer.
Acceptance has to be made in the mode which has been provided by the person making an offer.
However if no specific mode is provided the postal rule of acceptance as provided in the case of
Adam vs Lindsay 1881 may prevail. According to the principles of this Landmark case and