Assessment 1 – Further Guidance
In terms of structuring your assessment, you can simply respond to the questions provided in the assessment. Alternatively, you could set out your issues and then list / summarise the law under each issue. So for example:
Issue 1 xxx
Issue 1 - Law
Case x
[description of legal rule in case x]
Case y
[description of legal rule in case y]
Section x, ACL
[description of legal rule in section x]
And so on.
You do not need set your assessment out this way. However, you may find it useful in preparing for the main assignment (Assessment 2).
For examples of how to set out your issues, look at the summary answers in the module activities to date, particularly those which have ILAC answers, as well as examples in your textbook. Remember also to attempt your weekly ILAC builder exercises and bring your attempt to each online class, as these exercises are aimed at giving you feedback on your legal problem solving skills.
Remember that for this assessment – you only need to identify the issues and the law, and provide summaries of the law you have listed so that you can demonstrate you understand it. I provide the following by way of example only and not necessarily relevant to your actual assessment.
Example:
Let’s say that you have a legal problem where a person is selling an item by advertising in a newspaper, and the person has now refused to sell the item. You know from your learning materials that the issue relates to “agreement” (one of the elements of contract formation). One issue might look like:
“Did X make an offer by placing an advertisement in the newspaper?”
Going back to your learning materials, you identify that there are a number of cases that are relevant to the issue of offer vs invitation to treat. You would provide a reference to Carlill v Carbolic Smoke Ball Co - a common law rule about offers vs invitation to treat – as being relevant to the issue.
You would then summarise that legal rule, which you can do by looking at your materials and your textbook. For example:
Carlill v Carbolic Smoke Ball Co
An advertisement to the world at large might be on ‘offer’ rather than an invitation to treat where the wording of the advertisement makes it clear that the person making the offer is willing to enter into a contract with anyone who accepts the offer. In Carlill v Carbolic Smoke Ball Co, the fact that the advertisement indicated that 100 pounds would be paid “to any person” made it clear that this was an offer to the world at large.
The importance of summarising your rule is that it will assist in your application in the main assignment. In the summary above, you can see clearly that one of the requirements you will need to satisfy in your application is that the newspaper advertisement must make it clear that the offer is being made to the world at large. You may not have sufficient information in your facts to establish this – so you will need further information. For example:
Further information is required on the specific wording of the newspaper advertisement. Specifically, does the advertisement indicate that the goods will be sold to any person who responds to the advertisement?
It would be unlikely that this is the case, but the reason you are requesting further facts is to confirm that your advice is based on all relevant information, and not guess work!