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Contract Law 2015

Contract Law 2015
There  will be a word limit of 2500 words.  The limit includes any heading footnotes and the bibliography The assessment criteria for the assignment will be as follows:
•    Have you identified the important facts?
•    Have you found and understood any relevant legislation if applicable?
•    Have you found and understood any relevant caselaw?
•    Have you applied the relevant legal principles (from the above sources) appropriately to the facts of the case?
•    Have you arrived at a sensible conclusion?
•    Is your answer set out in a logical order?
•    Is the spelling correct and the grammar good?
•    Have you written in a style appropriate to the reader?
•    Have you used the correct referencing method?
Note that referencing should follow the Australian Guide to Legal Citation (3rd edition).  See the following link for instructions on legal citation in general and a downloadable version of the AGLC : http://libguides.murdoch.edu.au/AGLC
Use this materials below only for this assessment.
•     Week 1 to 4 below
•    Chapter 1 of Carter, J.W. Carter’s Guide to Australian Contract Law (Lexis Nexis 2nd edition 2011) ISBN 978-0-409-32788-5
•    2.Read Chapters 2 – 6 of the essential textbook Carter, J.W. Carter’s Guide to Australian Contract Law (Lexis Nexis 2nd edition 2011)
•    3.
Chapters 2-6  of Carter, J.W. Carter’s Guide to Australian Contract Law (Lexis Nexis 2nd edition 2011) ISBN 978-0-409-32788-5
Recommended reading
1.    Materials at  http://www.directly2u.co.uk/carbolic/index.htm
2.    N. Seddon, ‘Can contract trump estoppel?’ (2003) 77 Australian Law Journal 126.
3.    Read Chapters 12 and 13 of the essential textbook Carter, J.W. Carter’s Guide to Australian Contract Law (Lexis Nexis 2nd edition 2011) ISBN 978-0-409-32788-5
4.    Chapters 12 and 13  of Carter, J.W. Carter’s Guide to Australian Contract Law (Lexis Nexis 2nd edition 2011) ISBN 978-0-409-32788-5
5.    Trident General Insurance Co. Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 10
•    4. Final Report on Minors’ Contracts (WA Law Reform Commission 1988) http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/walrc/25/P25-II-R.html?query=^minors%20contractual%20capacity (check)
•    Read Chapters 7-11 of the essential textbook Carter, J.W. Carter’s Guide to Australian Contract Law (Lexis Nexis 2nd edition 2011) ISBN 978-0-409-32788-5
•    Chapters 7-11  of Carter, J.W. Carter’s Guide to Australian Contract Law (Lexis Nexis 2nd edition 2011) ISBN 978-0-409-32788-5
•    Recommended reading
•    JW Carter and Elisabeth Peden, ‘Incorporation of Terms by Signature; L’Estrange Rules!’ (2005) 21 JCL 96
The assessment criteria for the assignment will be as follows:
•    Have you identified the important facts?
•    Have you found and understood any relevant legislation if applicable?
•    Have you found and understood any relevant caselaw?
•    Have you applied the relevant legal principles (from the above sources) appropriately to the facts of the case?
•    Have you arrived at a sensible conclusion?
•    Is your answer set out in a logical order?
•    Is the spelling correct and the grammar good?
•    Have you written in a style appropriate to the reader?
•    Have you used the correct referencing method?
•    There  is a MAXIMUM word limit of 2500 words for this assignment.  The limit includes any headings, footnotes and the bibliography. It does not include the cover page with your name and student number.  Please print the number of words you have used in your assignment on the cover page of your assignment.  Any words over the limit will not be marked.
•    You must use Times New Roman font, no smaller than 12 point. Your assignment must be double spaced.  You must leave a margin of no less than 2cm on both sides so that markers can make comments. You may use headings in this assignment.  Spacing and font size requirements do not apply to footnotes or the bibliography.

•    Referencing should follow the Australian Guide to Legal Citation (3rd edition).  See the following link for instructions on legal citation in general and a downloadable version of the AGLC : http://libguides.murdoch.edu.au/AGLC
•    Note that the guide is only to be used for citation methods.  Do not use it for formatting guidelines as the requirements for the assignment are set out above.

Question
Jim runs a gardening business.   In order to increase his client base he places an advertisement in the local Murdoch Times.   The advertisement reads as follows:
Jim’s Gardening
No job too big or small
Contact Jim@gardening.com.au
On Monday, in response to the advertisement, Jim receives the following email from Jenny:
Hi Jim, I would like you to do some gardening work.  I need the front and back lawns mowed on a monthly basis and a two hour session each fortnight to tidy flowerbeds.  I am prepared to pay $150 in total per month.
Jim replies by email the same day.  He writes:
I am happy to carry out the work you have requested and I agree to payment of $150 per month for mowing the lawns once a month and carrying out two hours of work per month tidying the flowerbeds.  I will start work at your property next Monday at 3pm.
Jenny  reads Jim’s email on Friday.   When Jim arrives at Jenny’s house the following  Monday, Jenny comments:
“I am so glad you are able to do this work for me.  As you can see the garden is big and I just don’t have time to look after it.”
Jim works for two months mowing the lawns each month and tidying the flowerbeds for two hours each month. Jenny is happy with his work.  She is always at home when Jim does the lawn mowing and gardening, but she is yet to pay Jim. One evening, Jim asks for the $300 and the following conversation takes place:
Jenny:  “I agree I owe you money, but you only ever completed 2 hours of tidying per month rather than per fortnight as we agreed, so I am only going to pay you $100.”
Jim:   “What do you mean?  We agreed on 2 hours per month – check the email I sent you.  If it was 2 hours per fortnight I would have asked for substantially more.”
In an effort to resolve the problem Jim says to her  “Look, if you are prepared to let me use photographs of your garden to advertise my business, I will agree to $100 per month for  the last two months worth of work.
Jenny happily agrees to this.   After Jim has put the photographs on his website and on some posters, he sends Jenny an invoice which states:
Lawnmowing and 2 hours flowerbed tidying – January $150
Lawnmowing and 2 hours flowerbed tidying – February $150
Total             $300
Advise Jenny whether a contract exists between Jim and Jenny and, if there is a contract, how much money Jenny owes Jim under that contract.   Make sure you refer to relevant case law and legislation (if applicable) and apply the law to the facts.


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