Question:
Context:
This assessment allows students to solve practical problems that arise from a fact scenario and to give appropriate advice to clients.
Instructions:
There are five case studies you are required to critically analyse.
With respect to each case study:
Identify the legal issue(s) arising from the facts of the case study
Identify the appropriate legal rules that requires discussion in the case study
Apply the law to the facts of the case study
Reach a conclusion/ give practical advice to your client.
Your analysis should refer to appropriate cases and statutes and be referenced using the APA Reference system.
1.
Malcolm has written a letter to his close friend, Linda. In the letter he offers to sell her his sports car for $4,500. Linda calls Malcolm and explains that she needs some time to think it over as she had not planned to buy a car soon. Malcolm tells her, “I’ll give you until Monday July 19 to let me know whether you want the sports car.”
On Thursday July 15, Linda posts a letter to Malcolm agreeing to buy the sports car at the specified price. Later that Thursday, Malcolm is approached by his supervisor at work, Cynthia, who wishes to purchase Malcolm’s sports car. Cynthia offers $5,000 for the car. Malcolm promptly accepts. He phones Linda and leaves a message on her answering machine telling her that he has decided to sell the car to Cynthia instead.
Linda hears Malcolm’s message on Friday July 16. Linda’s letter to Malcolm is not delivered until Monday July 19.
Required:
With reference to relevant legal principles use the IRAC legal problem-solving approach to advise Malcolm as to whether he has any contractual obligations to Linda and to Cynthia.
2.
Gita Jones through his business, Modern Media Sounds, was a promoter that managed the Australian tours for Tyler Slow, a popular music artiste. Concert Sales Pty Ltd agreed to finance the tours. Last year Modern Media Sounds and Concert Sales entered into a written agreement where Modern Media Sounds agreed to assign to Concert Sales a half interest in the contracts and to perform the said contracts as a ‘joint venture’. The finance advanced by Concert Sales was described as a loan to the joint venture. They agreed that the net profits would be divided at the end of the contract. They also agreed that all matters were to be agreed by the parties and any losses were not to be shared on the same basis as the profits. The agreement provided that, after Concert Sales had been repaid the loan and other expenses, any profits made by the concerts were to be shared equally between the promoter and Concert Sales. After a few months a dispute arose and Gita Jones is now concerned about whether they are in fact in a partnership or a joint venture.
The post LAW6000 Business And Corporate Law appeared first on My Assignment Online.
