Reference no: EM132271983 , Length: word count:1350
Business Law Assignment -
Learning Outcomes -
- Explain and apply the fundamental principles of Australian Business Law which covers the areas of the Australian legal system, contract law, agency, law of tort and corporations law.
- Analyse how Australian Business Law has developed to resolve business challenges and identify limitations to its current scope.
- Use research and analysis skills to critically evaluate the principles of Australian Business Law.
Group Assignment Question -
On September 5 Robert wrote to Cameron offering to sell 50 metric tons of wheat at $250 per metric tonne. On September 7 Cameron posted a reply in which he accepted Robert's offer but added that if he did not hear to the contrary he would assume that the price included delivery to his (Cameron's) warehouse. The following morning, before Cameron's letter arrived at Robert's office, Robert read a posting on the internet which stated that the price of wheat was about to fall and he immediately sent an email to Cameron stating 'our price of $250 includes delivery'.
On receiving Robert's email at 10am on September 8, Cameron posted a letter to Robert confirming his acceptance of Robert's terms. By mid-day, however, Cameron also saw the posting on the internet which indicated that wheat prices were about to fall and, having considered the matter, sent an email to Robert stating 'I do not accept your offer of wheat'.
The price of wheat fell to $230 per metric tonne and Cameron refuses to accept any wheat from Robert.
Question 1: Advise Robert regarding the above.
Robert also owns a dairy farm business. At a recent industry event, he met Camille, who is products acquisition manager for a large super market chain, Super Supplies Ltd. Their conversation led to Camille offering to do business with Robert. A deal was struck for Robert to sell milk to Super Supplies Ltd for a trial period of six months. Camille gives Robert Supper Supplies Ltd's standard order form. This form contains details of the quantity and dates on which milk is to be delivered by Robert. Robert is excited at getting this business opportunity and signs the order form right away. In signing the order form, Robert, did not notice two clauses on the back in a fine print.
Clause 1.5 'Super Supplies Ltd reserves the right to cancel the order at any time.'
Cause 1.7 'Supper Supplies Ltd limits its liability for any damage whatsoever and howsoever caused in the performance of its contractual obligations to $1000.'
Four weeks later, Robert receives an email from Camille telling him that Super Supplies Ltd has determined to cancel all future contracts with immediate effect. As a result of this Robert sustained $6000 in lost profit.
Question 2: Advise Robert regarding the above
Robert and his wife are fans of the characters in the Don Quixote book. He heard that the Sancho Panza musical is coming to town. It could not have come at a more appropriate time as he wanted to surprise his wife for their wedding anniversary. He purchased two tickets to go to the theatre to watch Sancho Panza. He was told that his favourite actor, Alfonso Pereira, would be starring in a leading role in that show. Unfortunately Alfonso broke his leg before the show and was replaced by a substitute. Robert tried to cancel the ticket as he no longer wanted to see the show in the absence of his favourite actor. The theatre responded that they would hold the seat for the reservation made and that no refund would be possible.
However, the night before the show the theatre was flooded when a water main in the road outside burst and the show was cancelled. The theatre still refused to refund her ticket price.
Question 3: Advise Robert on any claims he may have against the theatre and any issues which may arise. Would your answer be different if the flood was caused by a cleaner smoking in the auditorium and being unable to turn off the sprinklers that were set off by the smoke?
Note - Only question one needs to be done word count would be around 1350, excluding citations, quotations, footnotes and bibliography.
Attachment:- Assignment File.rar