Contract law courses in Australian universities primarily deals with contract agreements among persons, business firms, governments etc. While understanding the intricacies of the contract law, one has to go through every detail of contract theory. The understanding of contract law is also enhanced by solving assignment of this subject. Further, contract law assignment helps in providing you with practical experience of how real-world business contract works or even the factors that influence an employment contract.
While solving contract law assignment, a student needs to keep in mind different clauses that need to be featured while framing a contract such as clause of terms & condition, indemnification, compensations and various other customised clauses. So, students can learn such intricacies by seeking contract law help from experts.
How to Approach A Contract Law Assignment?
While preparing a contract law assignment student must be clear about the question. Usually, a question can be asked in terms of advising the clients, critiquing a judicial pronouncement, framing a contract etc.
The primary focus is how to formulate an outline, which can keep your writing on track and not deviate into unnecessary details. Any law assignment requires a lot of minute details but, such fine points must be in consonance with the assignment requirements.
The contract law assignment writing should be preceded by in-depth research on the topic and use of reliable academic sources such as academic journals, legal books, judicial precedence etc. The law assignment must be also drafted in a proper format, which is accepted by universities.
Let us have a look at a sample that can help us get a vivid picture how contract law assignments must be approached. In case of any doubt, you can consult our experts, who provide unblemished contract law assignment help.
Why Students Need Contract Law Assignment Help?
Not all students are adroit academic writers neither they are versed in all academic guidelines. Using proper subheadings, display a clear understanding of sectional requirements for an assignment. however, without a considerable experience in the field of academic writing, the above-mentioned features cannot be imbibed in a contract law assignment.
Moreover, the structure of assignment such as IRAC, Law Memo etc. also confuses young students. Therefore, let us get a better understanding of law assignments with the help of a contract law assignment sample.
Below is a recent contract law assessment solved by our experts.
Ace buys a 1964 Cadillac Coupe de Ville at a private auction for the bargain price of $25,000. Bud, the owner of the car, agrees to have it air freighted from Queensland in approximately four weeks’ time. Ace sends Bud a cheque for $2,500 as a deposit.
Ace has bought the car only as an investment, since he has no particular interest in vintage vehicles. He wants to sell the car to make a quick profit. He advertises the Cadillac for sale on 1 March in a specialist vintage car community newsletter. The asking price for the car is $35,000, with delivery in four weeks. He receives the following responses:
1. On 1 March, Ace receives a phone call from Chuck. After a short conversation, Chuck offers to buy the Cadillac for $33,000. Ace explains to him that there has been a ‘lot of interest’ in the car and that he will respond to the offer as
soon as possible. He asks Chuck to give him a few days to think about it. Chuck agrees to wait for Ace’s confirmation of the sale until 5pm on 7 March. Ace is confident he will be able to sell to Chuck, but he anticipates better offers.
2. On 3 March, Ace receives an email from Dib who offers $32,500 for the Cadillac. Dib explains in the email that he is a serious collector of vintage cars but that he wants to be ‘personally notified’ in writing by Ace of any acceptance on or before midnight on 7 March.
3. On 4 March, Ace receives a phone call from Ed, who agrees to buy the vintage car for $35,000. However, Ed is worried that Ace may somehow talk his way out of the deal because the car is not yet in his possession. Ed insists that ‘a written contract must be signed’ by both of them. Ace tells Ed he agrees to proceed on that basis. Privately, he thinks this is the best course of action, just in case the deal with Chuck does not eventuate for some reason. He tells Ed that his solicitor ‘will put the agreement in writing’ and send it to Ed for his signature.
Despite the arrangement with Ed, Ace decides that it would be better to sell the car to Chuck in order to avoid delay. He rings Chuck on the morning of 6 March and tells him he will accept his offer. Chuck says that because so many days had passed he had assumed Ace was not interested in proceeding. Chuck informs Ace he has bought a
vintage Oldsmobile instead and that he will not be proceeding with purchase of the Cadillac.
Ace is very disappointed and decides the best course of action is to respond in writing to Dib. He posts a letter on the afternoon of 6 March addressed to Dib accepting his offer. However, he changes his mind within a few hours. Deciding it would be better to proceed with the written contract with Ed, he immediately rings Dib and leaves a phone message telling him to ignore the letter he sent earlier in the day, and that he has decided to keep the car. Several hours later, Dib listens to the message but decides to ignore it. When Ace’s letter arrives, he immediately sends a letter in reply thanking him and attaching a cheque for $2,000 ‘by way of deposit’.
On the following day, Bud rings Ace and says that the air freight and insurance costs have turned out to be much higher than he anticipated because of changes to Queensland goods regulations. He says he will pull out of the deal unless Ace agrees to add $2,500 to the purchase price. Ace argues with Bud, but then agrees to pay the
additional amount in order to be able to proceed with the written contract with Ed.
When the Cadillac arrives, Ace sends a cheque to Bud for the balance of the purchase price as originally agreed, but without the extra $2,500. Bud rings him and abuses him for breaking their agreement. He threatens to take legal action to recover the $2,500.
When Dib’s letter and cheque arrive, Ace sends him an email insisting he had already rejected the offer. He returns the cheque by mail on the same day. Dib sends him an email threatening legal action.
The next day, Ace is getting ready to go to his solicitor’s office to discuss the written contract with Ed and the email from Dib. As he is about to leave home, he receives a text message from Ed who informs him he won’t be proceeding with the purchase because he has decided to become a monk and give up all worldly goods. When Ace rings him to complain, Ed says: “We never signed any contract, so that’s it. Goodbye and peace be with you.”
In respect of each of the four transactions between Ace and (respectively) Bud,
Chuck, Dib and Ed, write a response that addresses the following:
a) The legal issue (or issues) in the transaction.
b) The legal principles you will use to resolve each issue.
c) The application of those legal principles to the facts of each issue.
d) The concluding advice you would give Ace in respect of each issue.
Direct your comments to whether each issue could bind Ace to the other party to
the transaction under the law of Contracts. There is no need to provide an overall
answer to the situation in which Ace may find himself.
Here is the solution provided by them.
Whether there is a valid contract amid Ace and Bud. If yes, whether Ace is obligated to pay the extra $ 2500 to Bud?
A contract is made when the offeror communicates his expectations to the offeree, either orally or in written form, and hopes that the same will be approved by the offeree. The offeree when gives his consent to the offer without bringing any deviation, then, it is an acceptance. An offer and acceptance should be made with legal intention. The parties should also be major and of sound mind.
Lastly, every contract must be supported with consideration. A consideration is that benefit which is moved amid the parties to support the promises. A consideration supports future or present promises and not any past action. Also, no consideration can be provided for an act which the parties are bound to perform. No party can compel the other party to pay for an act which he is already bound to perform as per the contract.
An offer and acceptance is exchanged amid Ace and Bud wherein Ace agreed to buy a Cadillac from Bud @ $25,000 wherein Bud will air freight it from Queensland. Both the parties are major and are of sound mind and have legal intention when the promises are made. Also, the promises are supported by a consideration of $2,500 as a deposit. Thus, all the contract ingredients are present thereby making a valid contract amid Ace and Bud.
However, later Bud called up Ace and submitted that the air freight/ insurance costs is much higher than he anticipated and thus, he will pull out of the deal unless Ace agrees to add $2,500 to the purchase price. Ace has no other options but to agree with the additional amount so that the contract can be completed.
Now, the contract was already completed amid the parties when the extra term was added by Bud. Bud cannot compel Ace to pay the extra consideration amount because the act which Bud needs to perform is already part of the contract and no extra consideration can be asked for the same.
Thus, there is a valid contract amid Bud and Ace. Also, Bud cannot force Ace to pay the extra amount of $2500 because the contract was already established and Bud cannot ask price for an act which he was already obligated to perform.
Whether there is a valid contract amid Ace and Chuck?
An offer is the intention of the offeror which he communicates to an offeree with the desire of approval. When the offeree confirms the offer then it is an acceptance. But, when offer is not made and if any person intends to receive offers, then, he may invite offers and when he approves of the same then its results in a binding contract. This is called an invitation to treat.
However, many a times an offer is made by an offeror and the same is open for approval for certain duration. Such offers are open and lapses after the expiration of term for which the offers are open. Any acceptance after the expiration is not a valid acceptance by an offeree. Also, if any party does not wish to continue with the offer, then the revocation must be communicated to the offeree before the confirmation of offer.
Now, Ace has advertised the Cadillac for sale on 1 March @ $35,000 with delivery in four weeks. Thus, the action of Ace is not an offer and is an invitation to treat and he must receive offers.
Chuck on 1st March, called Ace and offered to buy the Cadillac @ $33,000. Thus, a valid offer is made by Chuck which is valid till 7th March- 5PM.
However, there was no immediate acceptance that is given by Ace and he submitted that he will reply as soon as possible. Now, on 6th March (Morning), Ace called Chuck and tells him that he accepts the offer which is valid till 7th March- 5PM. Chuck denies the acceptance of Ace.
It is submitted that the offer was open till 7th March- 5PM and was not revoked by Chuck before the acceptance of Ace. The acceptance by Ace was received by Chuck and thus the acceptance was valid. So, there is valid offer and acceptance, thus, the contract seems to be complete.
It is thus concluded that the offer of Chuck was validly accepted by Ace before the lapse of the offer, thus, there can be a valid contract.
Whether there is a valid contract amid Ace and Dib?
An offeror makes an offer by communicating his intention to an offeree and when the same is approved then it is called an acceptance. An offer is complete when it reaches to the notion of the offeree. But, when offer is not made and any person intends to receive offers then he can via tenders, auctions, advertisements, etc, may invite offers and then can approve the same resulting in a binding contract. This is called an invitation to treat.
When the offer is confirmed then it is called acceptance. However, an acceptance is completes only when it reaches to the knowledge of the offeror. But, if an acceptance is made through post, then, it is complete as soon as the letter is posted. Also, an acceptance should always be made against a valid offer. If an acceptance is made upon expiration of the offer then, such acceptance has no validity.
On 1st March, Ace has advertised the sale of Cadillac on 1 March @ $35,000 with delivery in four weeks. Thus, the action of Ace is not an offer and is an invitation to treat and he must receive offers.
Now, on 3rd March, an email is received from Dib wherein an offer is made to buy the Cadillac @ 32500. However, he submitted in the email that the offer is valid on or before midnight of 7th March.
Now, on 6th March, Ace sends a letter of acceptance to Dib. As per Brinkibon, the acceptance by Ace is complete as soon as the letter of acceptance is posted.
Now, he later called Dib and leaves a massage that he is not willing to continue with the acceptance. But, as per postal acceptance rule, the acceptance was valid. So, the revocation by Ace after the acceptance is not valid in law and has no significance. It makes no difference whether any action is taken by Dib after the letter of acceptance. There is a valid contract that is established amid the two on 6th march.
But, a valid contract was already established amid Ace and Chuck when Ace confirmed the offer which is validly received by Chuck before the letter of acceptance is posted by Ace to Dib.
Thus, the approval by Ace has no significance when a contract is already made with Chuck.
Thus, there is a valid contract amid Ace and Dib when Ace has sent a letter of acceptance. But, since before the acceptance letter a contract was already established with Chuck, so the acceptance by Ace to Dib has no significant.
Whether there is a valid contract amid Ace and Ed.
In contract law, the main contract essentials are offer, acceptance, legal intention, consideration and capacity of the parties.
An offer is the intention which is transferred by an offeror to an offeree with a hope of approval. When an approval is given to the offer, then, it is acceptance in law. The parties may exchange offers and acceptances orally and is valid in law. Every offer and acceptance is supported with consideration which is kind of benefit which is exchanged amid the parties to support the promises amid them. A consideration should support present/future promises and not any past action. Consideration must be agreed at the time when the promises are made and can be paid later. The parties should also have legal intention to be bound by the contract and must be major and of sound mind.
An advertisement is made by Ace for the sale of his Cardillac @ 35,000. Thus, the action of Ace is not an offer and is an invitation to treat and he must receive offers.
Now, Ed called up Ace on 4th March, and agreed to buy the car @ $35000. Thus, a valid offer is made by Ed to Ace on 4th March. Ed insisted that a written contract must be signed amid them as the car is still not in his possession. Ace agreed on the same and tells that his solicitor ‘will put the agreement in writing’ and sends it to Ed for his signature.
Now, both Ed and Ace has orally agreed to sell and buy the car at $35000 but the contract was established on the pre condition that the contract must be in writing and should be signed amid the parties.
Thus, there is an offer that is made by Ed which is orally accepted by Ace there and then. The consideration amount was decided @ 35000. Both the parties are major and of sound mind.
But, the intention of the parties was to abide by the contract only when the same is in writing. Thus, there was no legal intention when the contract was orally decided amid them.
Thus, all the contract essentials are not present and there is an oral offer and acceptance but the contract has to be in written form to make it valid in law. The message from Ed that he does not want to proceed has full significance as there was no contract amid the two. There can be a contract if the same was in written form as intended by the parties.
There is no valid contract amid Ed and Ace as only oral terms are decided on 4th March and their main intention was to reduce the contract in writing. Since no written contract was made amid the two thus, there is no contract between Ace and Ed.
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