TUTORIAL_3

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De La Salle University *

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MISC

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Law

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May 8, 2024

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docx

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2

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Faculty of Business and Law Curtin Law School FUNDAMENTALS OF BUSINESS AND CORPORATIONS LAW TUTORIAL QUESTIONS FOR MODULE 3 TUTORIAL 3 – CONTRACT LAW - CASE STUDY 3 Chapter 3 – What is an Offer? A. Question 1 Jill is interested in buying a house from James. On the 1 st of May she sends him a letter, offering to buy his house for $400,000. She writes in the letter that if she hears nothing from James within 10 days, she will consider her offer to be accepted and will instruct the settlement agent to prepare the paperwork for settlement of the property. She also states in the letter that if there is an agreement between them, it will only be binding if the valuation report for James’ house is positive. James receives the letter on the 3 rd of May and likes the sound of Jill’s offer. He sends a letter to Jill on the same day saying that he would be delighted to sell her his property and that she can go ahead and instruct her settlement agent. On the 4 th of May, before she receives any reply from James, Jill changes her mind and does not wish to buy James’s property. She phones James to tell him of this, but he insists that she cannot cancel now as they have a binding agreement. Jill tells James that there is no deal because she is revoking her offer and she has not obtained a valuation report as yet. Required: a. Has James accepted the offer? If so, explain the consequences arise from his acceptance. Include in your answer a discussion on how Jill’s offer can be accepted. b. Discuss if Jill is allowed to assume James’ acceptance if she hears nothing from James within 10 days. Question 2 To promote her car yard business, on Monday evening Emma placed a notice in the community newspaper, “The first 2 customers to purchases a car next Thursday receives 20% discount from the stated price” . On Thursday Frank waited outside Emma’s show room from 6 a.m., as he was determined to get the 20% deal. Just before the show room opened at 8 a.m. on Fundamental of Business and Corporations Law BLAW5016 Semester 1, 2023 Copyright Curtin University
Faculty of Business and Law Curtin Law School Thursday, Emma placed a sign outside her car yard business stating that the 20% discount offer is withdrawn. Required: Discuss whether Frank is entitled to the 20% discount from Emma’s car yard. B. Activity Questions: Read the news: https://lsj.com.au/articles/canadian-judge-rules-thumbs-up-emoji- represents-legally-binding-contract/ a. What is your opinion about the decision? b. Was there a valid contract? c. Was there a valid offer? d. Was there a valid acceptance? Fundamental of Business and Corporations Law BLAW5016 Semester 1, 2023 Copyright Curtin University
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