Reference no: EM133142265 , Length: word count: 1500 words

Assessment - Legal Writing Task - Problem based letter of advice using IRAC methodology

Relationship to other tasks and assessments: This assignment focuses on the first two 'themes' of the unit, namely, contract formation and contract construction.

The assessable quiz and non-assessable in class role-playing scenarios will traverse similar concepts and content. However, the problem-based nature of this assignment requires a deeper understanding of relevant principles and ability to apply such principles to the facts of the hypothetical scenario.

The purpose of this assignment is to:

1. Test student's knowledge and understanding of the principles relating to contract formation (sessions 1-3)

2. Test student's knowledge and understanding of the principles relating to contract construction (sessions 4-6)

3. Require students to apply the IRAC methodology to address a hypothetical problem

4. Consolidate student's learning on the first half of the unit generally.

The unit learning outcomes assessed are:

1. ULO1 - Identify legal issues in common business law scenarios, analyse and discuss the stakeholder's legal rights and responsibilities.

2. ULO2 - Accurately articulate and explain the legal rights, duties and responsibilities of parties in a business context.

3. ULO3 - Research, apply and accurately reference the appropriate law from particular statutes and case law relevant to specified contexts.

4. ULO4 - Demonstrate a working knowledge of the law relating to contract issues by analysing problem scenarios and applying relevant legal principles to advise on likely possible legal outcomes; and

5. ULO5 - Clearly articulate individual interpretation of business law issues and application of relevant knowledge to others.

Scenario - Anthony is very keen on off road driving and wants to purchase a Jeep. Looking through the for sale advertisements on Drive, Anthony notices that Peter has a Jeep for sale. Anthony contacts Peter and arranges to inspect the Jeep. On Tuesday afternoon Anthony and Peter meet at the off road testing course. Peter shows Anthony the Jeep. Anthony is extremely happy with the Jeep and has just one question. Anthony says that he will purchase the Jeep from Peter only if it is less than 10 years old. Peter responds that he can guarantee that the Jeep is only 5 years old. Peter and Anthony negotiate the terms of the contract which includes:

-Purchase price of $12,000

-Peter will provide a roadworthy certificate

-Payment will be by way of bank cheque

-Transfer of vehicle will occur on 12 May 2022 time, and place to be arranged.

On that basis Anthony agrees to purchase the Jeep.

Peter has a contract of sale drawn up which Anthony signs. Unfortunately for Anthony he discovers that the Jeep is closer to 15 years old than the 5 that Peter claimed. Anthony approaches Peter with this information and demands his money back. Peter has a copy of the contract and explains to Anthony that none of the terms of the contract mention the age of the Jeep. Peter explains to Anthony that they are only bound by the terms of the written contract.

Advise Anthony of the following:

1. a. Will he be able to satisfy and prove the formation of a contract? Your answer should refer to relevant case law. (20 marks).

1. Part A can be answered using either an essay style or IRAC methodology.

b. How can Anthony have the oral clause addressing the age of the car included in the contract and therefore defeat Peter's argument that the contract is in writing and the they are only bound by those terms. Your answer should refer to relevant case law (10 marks)

1. Part B must be answered using IRAC methodology.

Instructions -

1. Read the hypothetical scenario.

2. Answer each of the components of Anthony's request.

3. Use relevant cases and if relevant legislation to support your answer.

4. Your answer should use citations and be formatted in accordance with either the AGLC or Harvard referencing systems.

5. Footnotes do not count towards overall word count.

Assessment criteria

1. Demonstrated understanding of relevant legal principles.

2. Use of relevant case law and legislation to support conclusions.

3. Articulation of clear conclusions and advice as required.

4. General quality and clarity of written communication.