Assessment 2_LAWS6104
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Australian National University *
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Course
6104
Subject
Law
Date
Jan 9, 2024
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5
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LAWS 6104 Contracts Page 1 of 5 THE AUSTRALIAN NATIONAL UNIVERSITY ANU COLLEGE OF LAW LAWS 6104 CONTRACTS Problem-based research paper, Semester 1, 2019 DUE: Thursday 11.59pm 4 April 2019 on the WATTLE course site
This is a piece of formative assessment in which you can demonstrate your learning to date of the skills and knowledge being taught in the course. It is designed to test student competence in: o
the fundamental skills of identifying relevant legal issues in a problem; o
applying the cases and materials you have worked through to date, to a problem question; o
demonstrating your understanding of this material by applying it to the fact scenario in the problem question; and o
demonstrating your skills in legal writing and written communication. You will be assessed on your ability to construct and present a coherent legal argument in response to a legal problem. This includes the way in which you structure your argument together with an accurate use of grammar and punctuation. You will also be assessed on your ability to discuss and apply correctly the relevant principles of the law in your answer and how effectively you use case law to do this. INSTRUCTIONS
: Write an advice for the attached fact scenario. You should seek to identify the legal issues raised by the problem, set out any law relevant to the resolution of those issues, apply that law to the facts and state brief conclusions. Refer to relevant cases or other authorities as appropriate. You should follow the Australian Guide to Legal Citation in preparing your references
. Citations can be included in footnotes which are not included in the word count. The focus of this assessment task is not your research skills but your ability to demonstrate your understanding of the relevant legal principles and their application to the facts of the problem. It is not necessary for you to go beyond the primary and secondary materials prescribed for reading in Weeks 1 – 5 of the course in undertaking your research to prepare your advice.
Assignments are submitted using Turnitin on the course Wattle site. You will be required to electronically sign a declaration as part of the submission of your assignment. Assignments submitted through Turnitin must NOT INCLUDE A COVERSHEET. You must keep a copy of tasks completed for your records. You must also read the information in the Course Study Guide relating to this assessment task. LENGTH: Maximum 2 000 words to be calculated according to the method set out in the College’s Policies and Procedures: (
https://law.anu.edu.au/current-students/policies-
procedures ). Please include a page word count at the bottom of each page.
LAWS 6104 Contracts Page 2 of 5 Penalties for excess word length: The College’s policy on excess word length as set out in the College’s Policies and Procedures applies: (
https://law.anu.edu.au/current-
students/policies-procedures ). WEIGHTING: 40% of the final mark for Contract Law.
LAWS 6104 Contracts Page 3 of 5 Astrid runs a café, ‘Astrid’s Café’ in Queanbeyan, New South Wales. She decides to replace the original windows with double-glazed uPVC (an inorganic, manufactured product) windows. Astrid contacts ABC Windows Pty Ltd (‘ABC’) and asks them to provide her with a quote for six ceiling to floor windows. ABC sends Bernie to Astrid’s café to measure the windows and on 20 February 2018, ABC sends Astrid a form setting out its quote for the windows, including the cost of installation. The following terms are included on the form: DELIVERY: 2 months from date of confirmation of order … 6. All orders are accepted only upon and subject to the terms set out in our quotation and the following conditions. These terms and conditions shall prevail over any terms and conditions in the Customer’s order. 7. Prices are based on present day costs of manufacture and design. Having regard to the delivery quoted and uncertainty as to the cost of labour, materials etc during the period of construction all goods and services will be charged according to prices ruling upon the date of delivery provided that the final price is no more than 20% greater than the price at the time of contract. 8. Deposit of 10% to be paid on confirmation of order. ABC employees will attend customer’s premises at an agreed time to carry out a final measurement prior to installation. On 23 February 2018, Astrid emails ABC in the following terms: Please supply uPVC windows as per previous instructions on the terms set out below: 1.
Supplier to bear all costs of delivery, installation and removal of old windows. 2.
Late delivery will incur a charge of $30 per day after the due delivery date to cover interests charges and fees incurred by the Customer. 3.
If goods are not installed within three weeks following the agreed installation date, Customer may cancel the order and recover any monies paid.
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LAWS 6104 Contracts Page 4 of 5 On 28 February 2018, Astrid receives an email from ABC confirming receipt of the payment of the deposit and advising her that ABC employees will visit her premises in the second week in April to do a final measurement before the windows are installed. On 4 April 2018, Bernie telephones Astrid and they have the following conversation: Bernie: Astrid, we’ve just been notified that there has been a delay in the shipment of the windows for your café as a result of serious hurricanes and bad weather. We will not be able to install the windows until 29 May. Astrid: That is bad luck! I suppose there is nothing to be done about it. When will you send someone to do the final measurements? Bernie: Well, with the new installation date, we will send someone out on 22 May. We are assured we will have the windows by then. The windows are installed in Astrid’s café on 29 May 2018. ABC sends Astrid an invoice for $16 500.00. Since the order was confirmed, the price of materials and labour has increased significantly. The original price for the windows and their installation was $15 000.00. Astrid is shocked! She telephones Bernie, and they have the following conversation: Astrid: There must be a mistake in your invoice! I don’t owe you that much! Bernie: Yes, you do owe that. I refer you to clause 7 of our contract. Astrid: Well, I think you should look at clause 2 of our contract! I shall be sending you the bill! Bernie: Your terms are irrelevant, Astrid. They are not part of our contract. In the meantime, Astrid has been negotiating with a local businesswoman, Brittany, who runs a small landscaping business. There is an orchard next to the café and Astrid wants Brittany to landscape the orchard and maintain it. The aim is to harvest the fruit and make jams, chutney and preserves to sell in the café. Astrid draws up a contract to send Brittany to sign. The document includes the following terms: 10. Brittany agrees to landscape the orchard for a flat fee of $700.00. 11. Brittany agrees to carry out regular maintenance of the orchard, including pruning, trimming, fertilising and pest control.
LAWS 6104 Contracts Page 5 of 5 12. Astrid will pay Brittany $100.00 on 25
th
day of each month for the regular maintenance of the orchard. 13. Either party may at any time during the currency of this agreement hereby created terminate this contract by giving the other party at least four weeks’ notice in writing of their intention to do so. Astrid sends Brittany the draft contract on 29 May 2018. Brittany puts the document in a drawer and forgets about it. In June 2018, Brittany landscapes the orchard and begins regular maintenance of it. The orchard flourishes but as it does, Brittany finds she has to spend more time on it and is having to forego other paid work. In September 2018, she raises the matter with Astrid who agrees to increase the monthly payments to Brittany from $100/month to $300/month. Astrid is delighted with the change in the orchard and has developed a popular niche market for ‘Astrid’s Preserves’. In November however, Astrid notices that quality of the fruit has deteriorated and discovers that Brittany has been spending less time on maintaining the orchard as she takes on more work elsewhere. Astrid telephones Brittany and they have the following conversation: Astrid: Brittany, the orchard is suffering and you are not doing what you agreed. Brittany:
You are not paying me enough! You are making all this money from the preserves as well as the café. You should be paying me more money. Astrid:
Well, I do not agree. You are lucky I gave you the extra money I did. I did not have to do that you know. I do not think you can keep working for me. I do not want you to come near the orchard.
Brittany
: I earned that money fair and square! You have no right to terminate this contract, I need this job. Astrid: Well you should have thought about that before you tried to take advantage of me! We are finished! Astrid is greatly upset by this turn of events with Brittany and with the situation with her windows. She comes to you for advice. Advise Astrid.