Reference no: EM132509120

BULAW1502 Fundamentals of Law Assignment - Federation Business School - Federation University, Australia

Part A - Mr. Mason has for some years run a law clinic offering free legal advice to low-income earners. Ms. Street owns the building Mr. Mason's law clinic occupies, and rents the building to him on a month to month basis. Mr. Mason met with Ms. Street on January 1 to ask if she would be willing to sell him the building. "I'd consider selling it for $300,000," she replied. (not an offer, only requested information) (Harvey v Facey) Elements

"I think that I can raise $300,000--if you give me six months,"(Offer made via counter offer) said Mr. Mason. "But I will need to show potential donors proof that I can buy the building at that price." Ms. Street gave Mr. Mason a signed note reading as follows (Implies acceptances + intent to be bound?)

In return for all that Mr. Mason has done for our community, I promise that if he delivers $300,000 to me at any time between now and June 1 of this year (Mr Mason's consideration), I will give him title to the building that houses his clinic.(Ms. Street's consideration)

Mr. Mason thanked Ms. Street, took the note, and set to work raising the required money. In the meantime, real estate prices soared. On April 1, Ms. Street told Mr. Mason that she was putting the house on the market. "But I've raised $280,000 and can have the rest very soon!" he insisted.

On October 1, Mr. Mason presented Ms. Street with a check for $300,000 and requested the title to the clinic building. With some embarrassment, she told him that she no longer held the title. "I just sold the house for $450,000."

Required: Answer the following, and refer to relevant case law to support your answers:

1. Mr. Mason brings a claim for breach of contract against Ms. Street. Discuss whether Mr. Mason and Ms. Street formed an enforceable contract.

Issues

- Was there an offer?

- Was there acceptances by the offeree?

- Was there intent to be legal bound?

- Was there consideration from both parties?

Rules of Law

Offer

Acceptance

Intention to be legal bound

Consideration - A Consideration is something of value provided by both parties in a contract, for the promise made to them. (Rann v Hughes.)

Analyse

Conclusion

2. Discuss whether Ms. Street has any defences to the breach of contract claim.

3. Assuming Mr. Mason proves breach of contract, discuss the possible remedies available to him.

PART B - Identify and discuss three ways implied terms may be inserted into a contract by the courts.