Introductory and Contract Law
Objectives
This assessment item relates to the course learning outcomes 1, 2 and 4 as stated on page 1.
Part A seeks to develop your ability to read, understand and answer questions on a case. In doing this
you should develop an appreciation of the formal court hierarchal structure and the importance and workings of the doctrine of precedent.
Part B is designed to develop your ability to answer a legal problem.
In answering all questions you are seeking to communicate effectively in this discipline using appropriate style and terminology.
Part A
Answer the following questions on the case of:
Peter Smythe v Vincent Thomas [2007] NSWSC 844 (3 August 2007)
1. In what court was the case heard? 1 mark (30words)
2. Name the judge and explain his title. 2 marks (80words)
3. Name the Plaintiff and defendant and their counsel. 4 marks ( max. 150words)
4. What particular circumstances led Rein AJ to doubt the credibility of the defendant’s version of events? 3 marks ( max. 200word)
5. The defendant argued there was no binding and enforceable agreement, what were the components of this argument? 4 marks (max. 200words)
6. How is agreement reached in a traditional auction? 2 marks (max. 80 words)
7. What differences did Rein A J outline between a traditional auction and an on-line auction? 5 marks (max. 250words)
8. What did Rein A J regard in an eBay auction as the equivalent of the fall of the hammer in a traditional auction; and what is the significance of each?(80 words)
9. Why was an order for specific performance of the contract appropriate in this case? 2 marks (80words)
10. Why was the final order not made in this hearing? 1 mark (50 words)
11. Why was the matter heard in the Supreme Court? 4 marks (max. 250 words)
Part B 10 Marks
McMuffins Ltd is a fast food company based in Queensland. Yesterday, before work had started, an argument arose between three kitchen hands: Tom, Dick and Harry. Over the weekend, Tom had offered to sell his motorbike to Dick for $5000. Dick said this was far too much but he would pay $4000. Tom refused. Before Tom left for work this morning Dick phoned to say he would buy the motorbike for $5000 but Tom said he had already sold it to Harry for $4,500. It was not a good day for Dick: he was one of the six employees of McMuffins Ltd that buy a weekly lottery ticket, each contributing an equal amount of money. Every week the money is collected by Lotty, the office junior, who also buys the lottery ticket. The group has always agreed to share any winnings equally but have not to date won anything. Lotty discovered this morning that the lottery ticket has won $1,000,000, she tells the other members of the group
that she intends to claim the money for herself and leave McMuffins Ltd.
1. Has Tom reached an agreement? 4 marks (Up to 150 words)
2. Is Lotty obliged to share the lottery winnings amongst the group? 6 marks (Up to 250 words)
Legal Referencing
Please see the Faculty’s (2006) 6th edition Guide for students. Students may either use the Footnote method of citation or in-text Harvard style (plus list of references at the end of your assignment paper).
Assessment criteria
These criteria are a general guide as to the standard expected at the various levels. It is not necessarily the case that all these criteria will be met at a particular standard, as there may be a superior performance on one of the criteria and not so satisfactory performance on another.
High distinction standard
the answer is very well written and clearly expressed
there is a demonstrated appreciation and understanding of the issues involved
the answer is well structured and logically organised
demonstrated mastery of referencing system
there is evidence of a comprehensive analysis of the issues.
Distinction standard
the answer is well written and expressed
the answer is structured and logical
the issues have been reasonably well identified and appreciated
there is correct use of referencing
issues have been analysed.
Credit standard
the answer is generally well written and expressed
the answer is structured and sequential
referencing is satisfactory
issues are identified and addressed
there has been an attempt to analyse some of the issues.
Pass standard
the answer is able to be followed and understood
the answer could perhaps be better organised and structured
the referencing may need improvement
issues may need to be identified and addressed in more depth
analysis when present may be incorrect.
Fail standard
the answer is sometimes significantly short of the required length
the written expression is poor and difficult to understand
the answer is poorly organised
there has been a failure to address the issues in the question
referencing is generally inadequate.
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