Referencing Styles : Harvard
Students should read the instructions accompanying this assignment before attempting to solve the following problems. 1. La Trobe University organises an “End of the Year Ball” for staff and students. The ViceChancellor (VC) of the university is concerned about the security at the campus. He advises the department responsible for security matters on the campus to approach the local police regarding security issues on the night of the Ball. The VC also fears that some students from other universities may gate crash the party and create nuisance at the campus. Senior Sergeant Ratty advises the university officials that he would have a police van periodically patrolling the area during the Ball. The university wants two police officers on duty on the dance floor and a stationary police van at the campus. Sergeant Ratty agrees to the university’s request. He, however, advises that there would be an extra cost for the services of the police officer. The university officials believe that it is the duty of the police to protect the safety of individuals in Victoria hence no extra payment for the police services may be required. Later, the police send an invoice of $5,000 for their services. The university refuses to pay. Does La Trobe University have to pay for the amount owing on the invoice? (10 marks) 2. The management committee of an accounting firm Dodgy Accounts Associates meets to discuss applications for the position of a senior accountant. The committee decides to appoint Mr. Dowell as the senior accountant for the firm. One of the committee members Mr. Welwisha is asked by the committee to contact all the unsuccessful candidates, which he does. Mr. Welwisha also sends a telegram to Dowell informing him that he has been appointed as the senior accountant for the firm. The telegram advises Mr. Dowell that a formal letter of appointment is in the mail. Upon receiving the telegram Mr. Dowell posts a letter accepting the committee’s offer and suggests a date when he might commence his job. The committee meets again and decides not to appoint Dowell for the job. Has a legally binding contract been made between Mr. Dowell and Dodgy Accounts Associates? 10 marks Total marks for the assignment: 20 marks Students should note that: (a) Students should use a problem solving format to answer the questions in the assignment. (b) Your answer should contain only COMMON LAW principleQuestion
Ernest had heard that Jack was thinking of selling Jack’s farm in Dubbo, NSW. On 28 April 2016, Ernest wrote a letter to Jack, in the following terms:
‘Are you interested in selling the farm? If so, at what price?’
Jack received the letter on 29 April 2016 and replied that day by email addressed to Ernest’s email address :
‘I will sell you the farm for $900,000. The terms and conditions will be those in the NSW standard form real estate contract. Please reply by email before 5 May 2016.’
On 1 May 2016 Ernest sent a letter to Jack, saying:
‘I accept your offer to sell the farm and surrounding grounds for $900,000.’
However, on the same day the market went into a spectacular dive, and by 5 pm Ernest had lost a lot of money. Feeling that he could no longer afford the farm, he sent an email to Jack, which Jack received at 6 pm.
Ernest’s email stated:
‘I no longer wish to purchase the farm.’
On 4 May Ernest recovered all of his losses on the stock market and made a profit. He telephoned Jack to say that he would now purchase the hall for $900,000. Jack told Ernest he was sorry but had decided to sell the farm to Gwen who had made an offer of $950,000.
Discuss in a problem-solving format whether Ernest can insist that he has a contract with Jack to buy Jack’s farm for $900.000.