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BLW16 Unit Information SP4 2008
BLW16 Unit Information SP4 2008
BLW16 Unit Information SP4 2008
INTRODUCTION TO LAW
UNIT INFORMATION
JIM THOMSON
CONTENTS
WELCOME
UNIT OVERVIEW
LEARNING RESOURCES
INFORMATION ABOUT ASSESSMENT
SUBMISSION AND RETURN OF ASSIGNMENTS
EXTENSIONS TO ASSIGNMENT DUE DATES
ONLINE AT UNISA
INFORMATION ABOUT POLICIES AND PROCEDURES
CAMPUS CENTRAL, CENTRE FOR REGIONAL ENGAGEMENT (WHYALLA)
OTHER SERVICES FOR STUDENTS
STUDY SCHEDULE
WELCOME
Dear Student,
Welcome to Introduction to Law. This course assumes you have no previous knowledge
of law.
You should read this Course Information book and the course home page carefully. The
course assessment includes two assignments and an ‘open book’ exam. For this exam you
can take any books, notes etc. into the exam. Note that books from the University library
cannot be taken into the exam. Nor can electronic devices of any description.
Your assignments and weekly tutorial exercises (see Appendix two) are printed in this
book. You do not submit answers to the tutorial exercises. Appendix three contains a
model answer. This is a guide only and not all issues discussed in that answer apply to
every case problem. Support your answers with relevant cases, statutes or text references
if you can.
Note that the assignment one essay requires 1,000 words. This word limit is there
deliberately and you may be penalised if you write too much or too little—a margin of
100 words is allowed. No separate synopsis (summary) of this essay is required.
A maximum word limit of 2,000 words applies to assignment two – again, a margin of
200 words is allowed. (No synopsis is required for assignment two.)
To pass this course a student requires a total mark of 50% from the assignments and the
examination. NOTE: REGARDLESS OF MARKS RECEIVED FOR
ASSIGNMENTS AN EXAMINATION MARK OF LESS THAN 40% WILL
RESULT IN A FAIL GRADE FOR THIS COURSE.
Contact with the University can be made through the channels outlined in this guide.
Jim Thomson
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Unit Coordinator
School of Commerce
University of South Australia
City West Campus
GPO Box 2471
Adelaide SA 5001
UNIT OVERVIEW
1
Value of unit: 8 of a full-time load.
Offered in study periods three and study period four, 2008.
Course Statement
The features of Australian law and its development. The operation of the Australian
Constitution. The Doctrine of Precedent and its operation and its relationship to statutory
interpretation. The Australian common law and statutory rules relating to the law of
contract and how these apply to the concepts of offer and acceptance, intention to create
legal relations, the concept of valuable consideration, the rules relating to written
contracts, implied terms and exclusion clauses, illegality and its effect on contracts;
mistake, misrepresentation, duress, undue influence, the principles of unconscionability
relating to contracts, remedies for breach of contract, assessment of damages and the use
of equitable remedies. The law of agency in Australia including - methods of agency,
capacity of persons to act as an agent and classes of agents.
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Graduate Qualities profile
The following table shows the proportion of UniSA Graduate Qualities applied to
assessment in this course.
No Graduate quality Unit weighting
.
1 Body of knowledge 1.5
2 Lifelong learning 0.5
3 Effective problem solving 0.5
4 Work autonomously and collaboratively 0.5
5 Ethical action and social responsibility 0.5
6 Communicates effectively 0.5
7 International perspectives 0.5
Total 4.5
Prerequisites/Assumed knowledge
No prerequisites required for this course.
Special requirements
To obtain a pass in this course the student’s aggregate mark for the two assignments and
the exam must total at least 50%. Also, an exam mark of at least 40% must be obtained
for the student to achieve a pass.
Study schedule
A table outlining the unit structure and study schedule is printed at the back of this guide.
Please refer to it for important information regarding due dates for assignments.
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LEARNING RESOURCES
Materials dispatched for this unit
Unit information book
Please note: For further details on how to access and log-on to your online materials,
please read the instructions provided later in this Unit information in the section entitled
‘Online at UniSA’.
Set texts
You will need continual access to the following two texts in order to complete this unit.
The library may hold only one copy of the nominated text books and therefore you will
need to acquire the books.
Graw, S (2008). An Introduction to the Law of Contract, 6th edition .Lawbook Co.
Pembroke, M, Thomson, J and Sarre, R (2006) Butterworths Course Materials
Introduction to law, 4th edition. Butterworths.
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RECOMMENDED READINGS
These are reference books which may assist you. You are not expected to read them
all.
Part one
Carvan, J (2002). Understanding the Australian legal system. Law Book Company.
Cook, et al (2005). Laying down the law. 6th edition.Butterworths.
Crosling, G and Murphy, H (2000). How to study business law. 3rd. edition. Sydney:
Butterworths.
Keyzer, P (2003). Legal problem solving : a guide for law students. Sydney :
Butterworths
Krever, R (2001). Mastering law studies and law exam techniques. Sydney : Butterworths
Miller, J (2002). Getting into law. Sydney: Butterworths.
Part two
Keyzer, P (2003). Legal problem solving : a guide for law students. Sydney :
Butterworths
Krever, R (2001). Mastering law studies and law exam techniques. Sydney : Butterworths
Paterson, J, Robertson, A and Heffey, P (2005). Contract: cases and materials. 10th.
Edition. Law Book Company.
Paterson, J, Robertson, A and Heffey, P (2005). Principles of contract law. 2nd edition.
Law Book Company.
Seddon, N and Ellinghaus, M (1997). Cheshire and Fifootis law of contract.
Butterworths.
Part three
Refer to general texts listed below which will also have chapters covering parts 1 and 2.
Keyzer, P (2003). Legal problem solving : a guide for law students. Sydney :
Butterworths
Krever, R (2001). Mastering law studies and law exam techniques. Sydney : Butterworths
Latimer, P (2004). Australian business law. Latest edition. CCH.
Vermeesch, R and Lindgren, K (2005). Business law of Australia.11th edition.
Butterworths.
Studying at UniSA
http://www.unisanet.unisa.edu.au/learningconnection/student/studying/default.asp
This section provides links to a wide range of online resources which have been designed
to help you develop and enhance the general learning skills you require for successful
study.
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Therefore, we recommend that you spend some time working through the various guides
incorporated in this section of the Learning Connection website.
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INFORMATION ABOUT ASSESSMENT
ASSESSMENT SUMMARY
Assessment one —Essay
Unsupervised
Graded
Weighting: 20%
Length: 1,000 words
Due date: Friday 5th January 2009 (Week six)
Assessment two —Problem exercises
Unsupervised
Graded
Weighting: 30%
Length: 2,000 words
Due date: Monday 2nd February 2009 (Week ten)
Exam
Supervised
Graded
Weighting: 50%
Duration: Two hours plus 30 minutes reading time
Date: Date and time to be arranged
Penalties
Assignments (with cover sheet) are required to be submitted by the due date. The
Coordinator may impose a penalty of up to ten per cent of the total marks for any
assignment received more than seven days after the due date. Assignments received more
than ten days after the due date may not be marked.
DETAILS OF ASSESSMENT
Details of assignment submission and return are listed under each assessment task.
Assignments will be posted to you within three weeks of submission.
All assignments must use the Assignment cover sheet (available from your unit home
page)—whether submitted electronically or in hard copy. For your own protection you
are requested to always keep a copy of any assignment you submit.
To obtain a pass in this course the student’s aggregate mark for the two assignments and
the exam must total at least 50%. Also note that to pass this course you must obtain at
least 40% in the exam or you will not pass regardless of your assignment grades.
CONDITIONS
Supplementary exams
In accordance with Division policy, supplementary exams are not offered in this unit.
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Assessment 1 — Essay
Due Friday 5th January 2009 (week six)
Write an essay of 1,000 words on any ONE (1) ONLY of the following topics.
"The High Court of Australia has a major role to play in making law in
Australia."
Discuss.
Objective
The essay aims to enhance student’s knowledge and understanding of the operation of the
Australian legal system, in particular the Australian Constitution. The graduate qualities
assessed in this essay are ‘body of knowledge’, ‘lifelong learning’ and ‘effective
communication’.
Students are required to write in essay format an answer to the assignment question. The
assignment must have a properly completed cover page. A computer word count is
required. This should be placed at the top right hand corner of the first page of the
assignment (not on the cover sheet).
The bibliography or reference list is not included in the word count. However, quotations
are. About four or five references are required for this assignment. More or less
references will not guarantee a particular grade. Further information on quoting and
referencing in law can be found in Appendix one.
An allowance in the word count of plus or minus ten per cent of the limit is allowed.
Assignments exceeding the limit by more than ten per cent will be penalised at the rate of
five per cent for every 100 words (or part thereof) exceeding the limit. Assignments that
fall short of the word limit by more than ten per cent are not penalised for the shortfall,
but may lose marks for an inadequate discussion of the topic.
Feedback on this assignment will be provided on the Feedback sheet attached to the
printed version of your assignments which will be returned by post to you.
Assessment criteria
Assessment of your assignments will take into account:
• relevance of your answer to the question or task set
• clarity of expression
• supporting documentation for arguments
• proper acknowledgment of documentation and use of a bibliographic convention
• logical planning and sequence
• use of inclusive language
• overall presentation, including correct grammar, spelling and punctuation
• comprehensive coverage reflecting engagement with set readings, text(s) and other
relevant materials.
All assignments are to be submitted using AssignIT – see details on page 18.
Assignments are printed from AssignIT and delivered for marking within five days
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of receipt. Assignments are marked within ten days of receipt by markers and
returned by post to students. Grades are e-mailed via AssignIT and appear on your
myUniSA, myStudies page.
Question 1
On June 2 Sam sent an e-mail to Jack - 'The gold GTX car you inspected two
days ago is now available for $30,000 cash'.
Jack replied by e-mail from his office on June 3 - 'Does that price include the
spare parts?'
Sam replied one hour later - 'Yes - you can have the lot for $30,000.'
Jack responded immediately - 'Is the car registered?'
Sam's immediate reply was – ‘No, but I can arrange registration at your
expense'.
On June 3 at 3pm an e-mail from Jack stated - 'I will buy the GTX and
spares for $30,000 if you pay the registration'.
At 5pm on June 3 Sam sent an e-mail - 'I accept your suggestion'.
Jack had left his office at 4:30 p.m. and did not see Sam's message until
9:00am on June 4.
At 6pm on June 3, Jack telephoned Sam advising he was no longer willing to
buy the GTX and parts as he had found a better car. This message was left on
Sam's telephone answering machine which Sam heard at 8:00am on June 4.
Discuss
Question 2
Plod signed a five year licence agreement with Australian Soccer Limited
which allowed Plod to have the sole catering rights at Plaza Stadium. Plod
paid $5,000 a week for the licence.
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The ASL also stated it intended to grant Plod a right to renew the licence for
a further five years at the end of the first five year term.
Plod incurred considerable expense establishing the catering facilities basing
his costs over the next ten year period.
After two years in the business Plod received a notice from ASL that the
Plaza Stadium was to be renovated and extended.
ASL told Plod the renovations would take twelve months and only half the
normally scheduled games would be played at the stadium during this time.
As this would cause serious disruptions to Plod’s business it was agreed that
Plod pay only $1,000 per week rent for the twelve month renovations period
in return for Plod agreeing not to take legal action against the ASL.
When Plod decided to renew his licence for another five years at the expiry of
the original five year licence the ASL said Plod could only renew the licence if
Plod paid a new rental of $7,500 a week plus a sum of $208,000 being the
unpaid rent for the one year under the original licence.
Discuss.
Question 3
Jack phoned Gary and after a brief discussion asked Gary to hold the jumper
for 30 minutes as it would take Jack that long to drive to Gary's home. Gary
agreed to hold the jumper for 30 minutes.
Ten minutes later, Fred who lived near Gary, called to see the jumper. Gary
showed Fred the jumper. Fred asked Gary, 'Are you sure this is Winmar's
jumper?'
Gary replied, 'You can see it has his number on it and is the right type worn
at that time.' Fred said, 'In that case I will give you $8,000 for the jumper
now and take it with me’. Gary then sold the jumper to Fred who took the
jumper and left just as Jack drove up to Gary's home.
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Jack wishes to sue Gary.
Ten days later the original jumper used in the incident is returned to Winmar
by a St Kilda supporter who had it in his possession.
Discuss.
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Format and other details
As per assignment one except no bibliography is required
These problems should be answered as three separate questions, each answer discussing
the relevant legal issues covered in the problem. There is a maximum total word limit of
2,000 words. It is not necessary to divide this limit equally between the three questions.
Assignments that exceed the 2,000 word limit by more than 200 words may be penalised
at the rate of five per cent per 100 words or part thereof. The first 100 words in excess of
2,000 will not be penalised. Assignments that fall significantly short of the word limit (by
200 words or more) are likely to have failed to grasp the legal issues. A bare pass at best
would then be expected.
About eight references are required for this assignment. More or less references will not
guarantee a particular grade. Further information on quoting and referencing in law can
be found in Appendix one (Note: Each case is a reference).
Feedback on this assignment will be provided on the Feedback sheet attached to the
printed version of your assignments which will be returned by post to you.
All assignments are to be submitted using AssignIT – see details on page 18.
Assignments are printed from AssignIT and delivered for marking within five days
of receipt. Assignments are marked within ten days of receipt by markers and
returned by post to students.
Exam/Test
The examination is an open book exam. This means you can take in the following and use
during the exam:
• Any text books or reference books, including dictionaries and a thesaurus, provided
they are not from any of the University of South Australia's libraries. They can be
books from other libraries, though.
• Your own text books, Study Guide and Course Information Book.
• Notes, whether handwritten or word processed.
• Photocopies of articles, pages from books, case summaries, statutes or other material,
whether or not the material is from a library of the University of South Australia.
• Diagrams, flowcharts and the like.
These, and no other materials, can be used during the reading time and throughout the
exam. No electronic aids of any description are permitted.
The exam will assess student’s understanding of the Australian legal system and their
ability to apply relevant legal principles to the law of contract and the law of agency. All
of the material covered in Parts one, two and three of the course is assessable.
The duration of the exam/test will be two hours plus 30 minutes for reading and note
making. The materials taken into the exam by the student may be consulted both during
the reading time and the writing time.
The standards by which the exam will be assessed are:
• relevance of your answer to the question or task set
• clarity of expression
• logical planning and sequence
• use of inclusive language
• overall presentation, including correct grammar, spelling and punctuation
• comprehensive coverage reflecting engagement with set readings, texts and other
relevant materials
A past exam paper is included in this Course Information Booklet. See page 13.
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Examination Paper
Course
Introduction to Law
Name
Student ID
Given Name/s Surname
13
• Reading or writing
• Use of an English language dictionary
• Other purposes for students with disabilities, as negotiated and as
appropriate to the disability.
DO NOT COMMENCE WRITING UNTIL INSTRUCTED TO DO SO
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SECTION A - 20 MARKS
CANDIDATES MUST ANSWER ONE (1) QUESTION FROM THIS SECTION. ALL
QUESTIONS IN THIS SECTION ARE OF EQUAL VALUE.
Write an essay of 500 words on any ONE (1) ONLY of the following topics.
QUESTION ONE
‘The Constitution of Australia wisely gives the Commonwealth Government the majority of the
law making capacity for the country’.
Discuss
QUESTION TWO
Critically evaluate the doctrine of binding precedent in Australian law.
QUESTION THREE
Describe how you expect a commercial graduate will be associated with the law of Agency
during that graduate's professional life. Mention some of the possible legal issues that could arise
out of this association with agency.
SECTION B - 30 MARKS
QUESTION FOUR
Max, a potato buyer at the South Australia market, e-mailed Klein, a Sydney potato marketing
agent, asking, ‘Can you supply 50 tonnes of first grade potatoes for delivery next week at $90 per
tonne delivered to our market?’
Klein replied. ‘We are having problems of short supply in Sydney. The best I can promise at the
moment would be to hold 50 tons of second grade potatoes at the price stated.’
Max replied by telephone, ‘Things are bad. However, they will probably improve in the next few
days. To be on the safe side would you hold 50 tonnes of second grade potatoes for me until 9:00
a.m. Friday?’
Klein replied. “Fair enough.”
On Thursday night a flash flood destroyed a large portion of the potato crop and the price of
potatoes next morning was double the previous quotation.
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At 8:00 a.m. Max telephoned Klein who was not at his office and on asking Klein’s secretary,
‘Where are my 50 tonnes of second grade potatoes?’ was told by the secretary, ‘We have sold all
of our potatoes and will not have any for at least four weeks’.
Discuss. [ 10 Marks]
QUESTION FIVE
South Australia, at the time of Federation, had a navy comprising an impressive ship called
‘H.M.C.S. Protector’. After 60 years service the 'Protector' was sold and its remains were taken to
a tourist resort off the Queensland coast. Many of the ship's original fittings, armaments, etc had
been removed many years earlier and the S.A. Museum expressed interest in acquiring any
unusual item from the ship.
Harry, a keen collector of historical items, purchased a brass compass which was engraved
‘Protector, 1895’. Harry contacted the S.A. Museum and after some negotiations Harry agreed in
writing to sell the brass compass to the Museum for $25,000. The compass was to be delivered to
the Museum on January 12, 2008.
On January 6 Harry was told by Quincy, a naval historian, that the compass was worth at least
$100,000 and that Quincy himself would have paid $50,000 cash for it had the compass been
offered to him.
Harry contacted the S.A. Museum and told its purchasing officer, ‘The compass deal is off as you
have not given me a fair price’.
On January 8 Harry told Quincy he could buy the compass for $50,000 but Quincy declined as he
had now organised a trip overseas.
On January 12 Harry refuses to deliver the compass and tells the Museum $50,000 is 'the fair
price I will accept'.
QUESTION SIX
Assume you are the accountant for Golden Eagle Petroleum Limited and the management has
announced that as from April 1, 2008 a new agreement is to come into effect requiring lessees of
Golden Eagle petrol stations to agree to the following conditions:-
(1) that the lessees will only sell Golden Eagle petroleum products from Golden Eagle petrol
stations for the duration of the new leases which will expire on March 31, 2011.
(2) That any lessee who does not renew his or her lease in 2011 hereby agrees not to lease any
petrol station in the Cities of Adelaide, Melbourne or Sydney for a period of two years after
the expiry of the original lease.
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If Golden Eagle Petroleum Limited only have petrol stations in Adelaide and Melbourne but plan
to open petrol stations in Sydney in July 2011 and you have been asked to comment on the
proposed new agreement what would you say? Support what you would say with legal reasons.
[10 Marks]
QUESTION SEVEN
Fred, a farmer, was in serious financial difficulties due to the drought.
The government introduced a Drought Relief Scheme for farmers with properties with a total
value including all improvements of less than two million dollars.
The relief came in the form of a grant of $150,000 to assist in paying running expenses.
To obtain the grant farmers had to produce a certified valuation of the farm from a qualified
valuer. Two weeks earlier Fred had obtained a valuation of his farm of four million dollars from
Rex, a qualified valuer, for the purpose of insuring the farm.
Fred now arranged with Rex to supply a farm valuation of 1.8 million dollars so Fred could claim
the drought relief grant. Rex demanded an extra $6,000 over the proper valuation fee for the
valuation that was to be given to the government. It was agreed Fred would pay the proper fee
plus $1,000 immediately and the balance of $5,000 when the relief grant was received from the
government.
Three days later a leading newspaper published a front page story titled “Rural Valuation Scam”
exposing the practices of valuer Rex.
The insurance company also cancelled the insurance contract over Fred’s farm.
Discuss.
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SUBMISSION AND RETURN OF ASSIGNMENTS
POSTAL SUBMISSION
Assignments can only be submitted by post if:
• The assignment is required in a format that cannot be submitted electronically (eg a folio of
non-text items). Please refer to the section in this Unit information on ‘Assessment details’.
• The student is in an isolated environment where Internet access is not available.
• AssignIT has a function failure on the date when the assignment is due.
In the cases specified above, the mailing address for assignments is the School Office (see
address details in the ‘Welcome’ section of this Unit information)
FACSIMILE SUBMISSION
Assignments can only be submitted by fax if:
• The assignment is required in a format that cannot be submitted electronically (eg a folio of
non-test items).
• The student is in an isolated environment where Internet access isn’t available.
• AssignIT has a function failure on the date when the assignment is due.
Assignments cannot be faxed by students residing within Australia. Only students residing
overseas may fax assignments. This submission facility for students residing overseas is provided
to avoid delays in assignment receipt which can occur with postal delivery. The fax number is:
Fax: (61 8) (08) 8302 0992
DUE DATE
The due date refers to the date for submission of your assignments. Please note the following in
relation to the specific time deadlines for various submission methods:
• Online submission. Submission of assignments via AssignIT may be made at any time until
no later than 11.45pm Australian Central Standard Time on the due date.
• Postal submission. Assignments/ materials submitted in hard copy must be postmarked or
officially franked (as having been sent) before or by 5.00pm on that date. When posting an
assignment, please get the Post Office to ensure that the envelope is postmarked, as some
methods don’t automatically provide a postmark.
• Fax submission. Submission of assignments via fax may be made at any time until no later
than 11.45 pm Australian Central Standard Time on the due date.
FINAL GRADES
Final grades are published approximately four to six weeks after the end of the study period and
can be accessed at myUniSA.
EARLY RESULTS
Students sometimes require their results by an earlier date for a specific purpose; for example, an
application for a postgraduate program.
To apply for an early result you need to send a written application to the Academic Support
Officer with the relevant documentation; for example, your letter from VTAC indicating the
deadline for applications. Send applications to: cmr_oua@unisa.edu.au
In these cases the university will try to meet the request—although it cannot be guaranteed due to
the logistics of exam papers being returned, availability of academic staff, etc.
Please note that requests for early release of final grades need to be submitted by Friday of week
12.
Results cannot be supplied less than four weeks after the end of the study period.
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EXTENSIONS TO ASSIGNMENT DUE DATES
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ONLINE AT UNISA
How do I find the online learning resources for my unit?
One means of accessing your online learning resources is by going to myUniSA
http://www.unisa.edu.au/myunisa, which is the UniSA web-based portal for study-related
information and resources. For further details on myUniSA, please refer to the subsection below
entitled ‘Student information via the Web: myUniSA’.
Alternatively, you can access your online materials by going to the unit home page, which has
been established on the UniSAnet system (UniSAnet is the online study environment at UniSA).
To go to the unit home page, enter the unit code BLW16 in the search field entitled ‘Area and
Catalogue No’ on the following web page, and then click on the related search button:
http://www.unisanet.unisa.edu.au/courses/
Once you reach the unit home page, if you check underneath the heading ‘Learning resources
for this unit’, you will see a link to the online study guide:
http://www.unisanet.unisa.edu.au/courses/course.asp?Course=blw16
If you click on this link, you will be asked to enter your log-on details. If these details are correct,
you will then be able to access the online learning resources.
Your username
Your UniSA username is computer generated and is usually made up of:
• the first three letters of your family name
• plus the initials of your first and second names
• plus the code 01p (01 is numeric)
If your family name does not have three letters substitute a letter ‘y’. If you do not have a second
name, substitute a letter ‘y’. For example, Chris Le. The username is: leycy01p (with no spaces
between characters).
See the notes below for username exceptions.
Your password
Your password is computer generated to a default setting and is made up of
• the first four letters of your family name
• plus your day of birth
• plus your month of birth.
If your family name does not have four letters substitute a letter ‘x’. For example, Chris Le was
born on 9 July 1980. Chris’s password is: lexx0907
Your password must be in lower case when accessing UniSAnet or myUniSA.
Is myUniSA secure?
Yes. You are the only person who can access your information in myUniSA as long as you:
• don’t share your username and password with anyone else
• close all Web browsers completely when you have finished using myUniSA.
myUniSA also provides you with the option to change your password (see the link available on
the initial log-on page). This is another way of keeping your account secure.
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How do I log-on to myUniSA?
1. Go to the UniSA home page: http://www.unisa.edu.au
2. Click on the word 'myUniSA' on the menu bar at the top of the page.
3. You will then be taken to a 'Welcome to myUniSA' page. Click on the link on this page which
says 'Log on to myUniSA'.
4. You will then be prompted with a ‘Username and Password’ pop-up window as below:
5. At the log-on screen enter your username and password. Enter all information in lower case.
6. Select ‘OK’.
EMAIL
As part of the enrolment process, all students are issued with a University email account. Your
email address is made up like this: (your username)@students.unisa.edu.au.
Email is the designated form of contact for a number of UniSA administrative processes. These
processes include:
• AssignIT. When using AssignIT to submit assignments, you will receive email notifications
when assignments are submitted and/or returned.
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• Library. If you borrow books from the UniSA Library you will receive email notices about
overdue items. Fees can apply to overdue items. For details, please refer to the Flexible
Information Service website: http://www.library.unisa.edu.au/fds/
• Other UniSA notices. From time to time, other sections of the University send out emails to
all students (including OUA students). Some of these messages may be relevant to OUA
students, but it is possible that some of these emails will not be directly relevant.
To obtain this information, it is recommended that you log-on to your University of South
Australia email account on at least a weekly basis.
Note: If you are unable to access your email, you should contact the IT Help Desk at the
beginning of the study period.
IT HELP DESK
Contact the IT Help Desk (http://www.unisa.edu.au/ists/ITHelpDesk/default.asp) if you are
having difficulty accessing UniSAnet, myUniSA or your email account. IT Help Desk phones are
monitored Monday through Friday 8.30 am to 9.00 pm Adelaide time.
Phone: (08) 8302 5000
1300 558 654 (price of a local call; mobiles may pay more)
61 8 8302 5000 (international callers)
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PERFORMANCE ASSESSMENT
ASSESSMENT GRADES
Universities offering OUA units have agreed to use a common set of assessment grades for work
submitted by students.
Grade Notation Notational %
High distinction HD 85+%
Distinction D 75–84%
Credit C 65–74%
Pass P 50–64%
Fail N <50%
Withdrawal W
ACADEMIC INTEGRITY
UniSA aims to foster and preserve the scholarly values of curiosity, experimentation, critical
appraisal and integrity and to foster these values in students. Throughout the learning experience,
you are expected to adhere to high standards of academic integrity and honesty. Failure to do so
may constitute academic misconduct (see section nine of the Assessment policies and procedures
manual at: http://www.unisa.edu.au/policies/manual/).
Academic misconduct includes the following:
• Plagiarism (see below).
• Breaches of the examination procedures in Section six: Examination Procedures of the
Assessment policies and procedures manual, presentation of data with respect to laboratory
work, field trips or other work that has been copied, falsified or in other ways improperly
obtained.
• Inclusion of material in individual work that has involved significant assistance from another
person, where such assistance is not expressly permitted in this booklet.
• Falsification or misrepresentation of academic records.
• Other actions that contravene the principles of academic integrity.
b. using very close paraphrasing of sentences or whole clauses without due acknowledgement in
the form of reference to the original work. If paraphrasing you still need to include an in-text
reference (which includes the page number). And take care that the paraphrasing is not ‘too
close’ to the original; i.e. that it is in fact a quote.
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c. submitting another student's work in whole or in part, where such assistance is not expressly
permitted in the Unit information.
d. use of another person's ideas, work or research data without acknowledgement. If information
contained in the assignment is not your own words or ideas you must acknowledge the source
within the text of the paper as well as in the reference list.
e. submitting work that has been written by someone else on the student's behalf.
f. copying computer files, algorithms or computer code without clearly indicating their origin.
g. submitting work that has been derived, in whole or in part, from another student's work by a
process of mechanical transformation (eg changing variable names in computer programs).
h. in any way appropriating or imitating another's ideas and manner of expressing them where
such assistance is not expressly permitted in the Unit information.
Remember: If you use another person’s words (i.e. you quote) you must indicate that this is a
direct quote (usually by quotation marks) and reference the source (including the page number)
within the text of the paper. Including the source in the reference list or bibliography is not
sufficient. Changing, deleting, adding only a few words, or rearranging the sentence/paragraph
does not negate that fact that you are quoting.
If you need help with referencing, please refer to the following resources available from the
Learning Connections website at:
http://www.unisanet.unisa.edu.au/learningconnection/student/studying/referencing.asp:
• Introduction to referencing
• Styles of referencing
• Referencing using the Harvard system
• Frequently asked questions
More information about Academic integrity can be found in the Assessment policies and
procedures manual at: http://www.unisa.edu.au/policies/manual or on the Learning Connection
website at: http://www.unisanet.unisa.edu.au/learningconnection/student/studying/integrity.asp
26
UNIT COUNSELLING
For this unit, there are a number of definite processes which need to be followed in order to
obtain advice about administrative and academic matters.
For all administrative queries, please contact Campus Central, Centre for Regional Engagement
(Whyalla). This should be done by emailing your query to ouainfo@unisa.edu.au. (Additional
contact details are provided in this Unit information in the section entitled ‘Campus Central,
Centre for Regional Engagement (Whyalla)’.
Alternatively, if you have a query about the academic content of the unit, you should post your
query to the Discussion forum on the unit home page. The Unit Coordinator or one of the tutors
for the unit will be checking this Discussion forum on a regular basis and will reply to your query.
Further information about the Discussion forum facility is provided in this Unit information in the
section entitled ‘Learning Resources’.
RESUBMISSION
There is no provision for resubmission of assignments, unless invited to do so by the Unit
Coordinator.
DEFERRED EXAMS
A student may apply for a deferred examination on medical or compassionate grounds if the
student believes that illness, disability through accident and/or other special circumstances
prevented their attendance at the final examination or submission of the final assessment item.
Please note that it is the policy of the School of Commerce that there are no deferred exams
granted on an already deferred exam.
A student can only apply for a deferred examination if they meet all the criteria below:
• the student did not attend the final examination and/or did not submit the final assessment for
the unit
• the student was unable to attend the final examination for medical or other circumstances
Applications must be lodged at Campus Central, Whyalla no later than FIVE working days
after the examination date. The ‘OUA Application to defer final examination’ form is available at:
http://www.unisa.edu.au/oua/admin/forms.asp
NB: If you live in a remote location, you can submit you form by fax or email, however, you will
still need to submit the original documents, and your application will not be processed until the
27
original documents are received. The original documents must be received at Campus Central
Whyalla within 15 days of the date of the exam.
You will be notified in writing by the University of the outcome of your application. Please note
that it is the policy of the School of Commerce that there are no deferred exams granted on an
already deferred exam.
More information on deferred assessment can be found in the Assessment policies and procedures
manual in section seven (clause 7.4) at: http://www.unisa.edu.au/policies/manual/ or on the
Student & Academic Services OUA website at: http://www.unisa.edu.au/oua/Ask_OUA/faq/
SPECIAL CONSIDERATION
In this unit special consideration will only be granted where something unforeseen happens either
on the day of the examination or during the examination which the student could not have
reasonably foreseen. For example, students who are ill before the examination begins but who
choose to sit the examination will not be granted special consideration. Such students are advised
not to sit the examination, but to apply for a deferred examination.
A student can only apply for special consideration if they meet all the criteria below:
1. The student did attend the final examination for the unit
2. The student’s academic performance was significantly impacted by medical or other
circumstances
3. The circumstances happened in a period of time directly relating to attendance at the
examination or submission of the final assignment
4. The student is able to provide documentary evidence to support their application
5. The student has submitted all unsupervised assessment items
Applications must be lodged at Campus Central Whyalla no later than FIVE working days after
the examination date (only the Director: Student & Academic Services can waive this timeframe).
The ‘OUA Application to for special consideration’ form is available at:
http://www.unisa.edu.au/oua/admin/forms.asp
All applications for Special Consideration will be referred to the Unit Coordinator for decision.
In this unit special consideration will only be granted where something unforeseen happens
either on the day of the examination or during the examination which the student could not have
reasonably foreseen. For example, students who are ill before the examination begins but who
choose to sit the examination will not be granted special consideration. Such students are advised
not to sit the examination, but to apply for a deferred examination.
Special consideration will only be available to students in this unit when all of the following
conditions are met:
• An Exam Incident Report is completed in conjunction with the exam invigilator
• The student leaves the exam early
• The student does not complete the final examination or a significant proportion of it.
If special consideration is granted this would normally provide students with the opportunity to sit
a deferred examination and the original examination will not be marked.
NB: If you live in a remote location, you can submit you form by fax or email, however, you will
still need to submit the original documents, and your application will not be processed until the
original documents are received. The original documents must be received at Campus Central
Whyalla within 15 days of the date of the exam.
28
You will be advised by the Unit Coordinator or delegate of the outcome of your application.
More information on special consideration can be found in the Assessment policies and
procedures manual in section seven (clause 7.5) at: http://www.unisa.edu.au/policies/manual/or
on the Student & Academic Services OUA website at:
http://www.unisa.edu.au/oua/Ask_OUA/faq/
EXAMS
Most undergraduate OUA units have exams in the week after the end of a study period. It is
important that you read this information carefully.
• The University makes arrangements for students to sit their exams at approved exam centres.
This includes all domestic and international students.
• All exams are held during business hours.
• Students are sent a letter with the details of the centre to attend in week ten.
• The university pays the cost of the invigilation. However, students need to cover any
transport costs. In nearly all cases the centre will be within reasonable proximity to your
address.
• Exams must be sat at the scheduled time and date. Only where a student has an exam
scheduled at the same time with another institution are alternative arrangements negotiated.
Students in this situation need to contact the Examination Officer by week eight.
• You need to ensure that your registered address with the university is current and correct. The
address used will be the one designated on myUniSA 5 weeks prior to you being contacted.
The centre designation cannot be changed after week eight.
• There will be a small number of students located in remote areas in which we do not have
access to professional examination centres. In these situations, we will contact the students
individually to discuss options for the supervision of their examinations.
• Students who have a Disability Access Plan indicating special arrangements for their
examinations should contact the Examinations Officer by the end of week eight to ensure that
the correct arrangements for their examination are in place.
• If you wish to apply for Variations to standard requirements you should access the
information in regard to criteria and the form that needs to be submitted from the OUA @
UniSA website at: http://www.unisa.edu.au/oua/
• Please note: It is a complex task to arrange centres for large numbers of students in a diverse
range of locations. It is not possible therefore to accommodate individual requests for
preferred exam centres.
If you have any queries relating to exams, please contact the Examinations Office using the
following contact details:
Examinations Officer
Phone: + (08) 8302 2755 (price of a local call; mobiles may pay more)
Email: exams.results@unisa.edu.au
WITHDRAWAL OF STUDY
Withdrawal
The exact process for withdrawing from a unit depends on when you decide to withdraw.
29
Withdrawals before the OUA Census Date
If you decide to withdraw from a unit before the OUA Census Date (end of week three), you need
to contact Open Universities Australia. Please note that withdrawals from an OUA unit prior to
the Census Date are eligible for a partial refund. However, refunds are not possible after the
Census Date, except when an application for special circumstances is approved by Open
Universities Australia. For further information about withdrawing from a unit before the Census
Date, please refer to the Open Universities Australia 2008 Handbook or contact Open Universities
Australia.
Deferrals
From 2008 onwards, deferrals will no longer be available for units offered by UniSA through
OUA.
30
CHANGE OF ADDRESS
The University of South Australia (UniSA) does not update personal and contact details for Open
Universities Australia (OUA) students. To update or correct your personal and contact details,
please go to the Personal Details section of My Area on the OUA website, or contact the OUA
office in Melbourne. OUA will then advise UniSA of your updated personal and contact details.
Address
Flexible Information Service
University of South Australia Library
University of South Australia
Mawson Lakes Boulevard
Mawson Lakes South Australia 5095
Phone:
1300 137 659 (price of a local call; mobiles may pay more)
61 8 8302 6231 (international callers)
Fax: (08) 8302 6699
61 8 8302 6699 (international callers)
Email: dels@unisa.edu.au
DISABILITY SERVICES
The University of South Australia has a formal commitment to encourage people to seek access to
tertiary study. We take all reasonable steps to ensure that any benefits provided by the University
are accessible to students with a disability. This commitment extends to students studying OUA
units.
There may also be entitlement to a variation or modification to standard assessment
arrangements. Services are provided on an individual basis according to access requirements.
Further information about disability services is available at:
http://www.unisanet.unisa.edu.au/learningconnection/student/defaultdisability.asp
Phone: (08) 8302 4423 or 1300 657 144 (cost of a local call from anywhere in
Australia)
Email: disability@unisa.edu.au
Students with disabilities are entitled to be assessed in ways which ensure a fair opportunity to
demonstrate their knowledge. Alternative assessment arrangements may be required to provide
31
this opportunity. Policy for students with disabilities is available at:
http://www.unisa.edu.au/policies/
GENERAL LAYOUT
An assignment or other paper is required to have the following parts:
• title page
• references
Where there is material additional to the text of the paper to which the writer wishes to refer, an
appendix section is also appropriate.
Title page
The title page is required to show:
• the name and ID number of the student
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• the name of the Course Coordinator
• the name of the student's tutor and the day and time of the tutorial
Pagination
All pages following the title page must be numbered.
QUOTATIONS
Selective use of short quotations can provide a valuable avenue for validating your use of
bibliographic items, as well as for adding authority to views you are putting forward in the paper.
At the same time care needs to be taken that they are not used instead of your own words and
views. Quoted material is to be reproduced verbatim from the reference and clearly delineated as
a quotation by means of single quotation marks and the source properly acknowledged by means
of the Harvard (Author-Date) System. Items which are not exact quotations or are not clearly
delineated must be avoided as unsuitable.
Citations in Law
There are some conventions specifically relevant to legal writing. For example, law journals
generally require referencing by way of footnotes, with specific rules regarding form. However,
for this course referencing should be consistent with the Harvard System, with references cited in
the body of the text.
Citing cases
As indicated above, cases should be cited within the text in the form illustrated by the following
examples: FCT v. Clarke (1927) 40 CLR 246; Coles Myer Finance Ltd v. FCT 93 ATC 4214. All
case names are to be put in italics or underlined. Where a reference is made to, or a quotation is
taken from, a particular page of a case (say, page 249 of the Clarke case) that page should be cited
thus: FCT v. Clarke (1927) 40 CLR 246 at 249.
REFERENCES
The references section is a list of all the references cited in the text and should begin on a separate
page at the end of the paper. There should be separate headings for books, articles, cases and
statutes, with books listed first and statutes last. Within each listing references should be arranged
alphabetically.
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Books
References to books are required to be listed alphabetically by authors' surnames and to show
details of date of publication, title (in italics or underlined), place and publisher as follows:
Lehmann, C., Coleman, C. (1996), Taxation Law in Australia, (4th ed.), Sydney, Law Book Co.
Articles
References to articles should conform to the following format:
Author (surname and then initials)
Date of publication
Title of article (in single inverted commas)
Name of journal (in italics or underlined)
Pages of the article in the journal
For example:
Chapple, S., (May 1990), 'Treatment of Section 53 Repairs in the 1980s, Taxation in Australia,
pp., 736-740.
FOOTNOTES
Footnotes can be used in appropriate cases to provide, for example, additional information in
relation to a point in the text. Footnotes should be placed at the bottom of the relevant pages and
numbered consecutively from one. (Do not start the numbering at one again after you begin a new
page). In the text, the reference number should immediately follow the point to which it refers
and should be raised above the line.
APPENDICES
Where the writer wishes to append statistics, diagrams, tables or other material outside the text
and counted word length of the paper, this can be done by means of appendices. Where these are
included they should follow the references, with a separate appendix for each item, numbered
Appendix one, Appendix two, etc.
ASSESSMENT
A paper which does not accord with the required standard of layout may be penalised for
assessment purposes.
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APPENDIX TWO—TUTORIAL QUESTIONS
PART ONE
d. What was the consequence of this decision for the balance of power between state and
federal governments?
35
Topic three—Tutorial three
1. What is the ratio decidendi of a case? What is the relevance of the ratio under the doctrine of
precedent? What is meant by distinguishing a case?
2. Of what value are comments made obiter by a judge? Why should they be made at all?
3. [The common law has been developed] from case to case, like the ancient Mediterranean
mariner, hugging the coast from point to point and avoiding the danger of the open sea of
system and science. Lord Wright
Discuss the advantages and disadvantages of judicial law making.
PART TWO
Note: Text questions refers to the questions at the end of each chapter in Graw, S. (2008) An
Introduction to the Law of Contract 6th edition. Lawbook Co.
a. Which legal presumption did the Todds have to rebut for their action to succeed?
b. Outline the court's decision and explain the reasons for it.
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2. Text questions, Graw chapter six, questions five, seven , 17 and 20(a), (b), (g) and (h) &
21(g).
Questions:
a. What did Lord Denning consider to be the 'crucial point' in Oscar Chess v Williams?
b. How did Lord Denning suggest the parties' intentions are to be deduced?
c. What role does the 'intelligent bystander' play?
d. Why did Oscar Chess's appeal fail?
e. Why did Dick Bentley Productions' appeal succeed?
2. Text questions, Graw chapter nine, questions one, 15 and 19 and chapter ten, questions two,
eight, nine and 20.
Topic 6—Tutorial 8
Capacity, fairness and legality
Capacity
1. Text question, Graw chapter seven, questions 21 and 27.
2. Case: Johnson v Buttress (1936) 56 CLR 113 (see Butterworths Course Materials pages 286-
290 and Graw pages 328-330).
Questions:
a. Was Buttress forced, tricked or misled in any way into parting with his property? Or was
he simply a victim of his own folly?
b. Is this case one of presumed undue influence or undue influence arising on the facts?
c. What must the stronger party do in such cases to preclude a finding of undue influence?
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3. How do the doctrines of undue influence and unconscionability differ? Why is Amadio’s case
(see Butterworths Course Materials pages 291-294) seen as one of unconscionability rather
than undue influence?
4. Case: Lindner v Murdock's Garage (1950) 83 CLR 62 (see Butterworths Course Materials
pages 295-301).
Question:
Why was the agreement with Lindner invalid as being an unlawful restraint of trade?
Questions:
a. In this appeal the appellants received good news and bad news. Which was which and
why did the court come to its conclusion?
2. Text questions, Graw chapter 15, questions 19 and 20 and chapter 16, questions four, 11 and
21.
PART THREE
Topic eight—Tutorial ten
2. Albert owned a new home and decided to have a landscaped garden. Albert engaged the
services of Bill's Garden Company who in turn instructed Claude, an expert in landscape
gardening, to carry out the actual work. During the course of the work Claude ordered 24
monthly deliveries of garden fertilisers. Claude signed the contract as 'agent for Albert'. Can
the supplier of the garden fertilisers sue Albert for the cost of the 24 monthly deliveries?
3. Quickcheck, an accountant, employed John as his agent in a town in the country area.
Woolsback, a grazier, asked John to prepare his tax return. John persuaded Woolsback to sign
blank share transfers and lodge them with him. John subsequently transferred Woolsback's
shares into his name and absconded with the proceeds.
Advise Quickcheck.
4. Brenton, aged 14, purchased an air rifle for $350 from Davies Stores. Brenton placed the
purchase on his father's account. Comment.
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Topic eight—Tutorial 11
1. Suggest three circumstances where a person would be wise to appoint a power of attorney
and briefly explain the function of the attorney.
2. Jane Austen is a used car saleswoman. She works as an independent sales representative for
Savoy Cars Ltd, which claims to be the 'sole Australian agent for Bombatil Automobiles of
Russia'. Savoy has only a couple of Bombatils in its show room for demonstration purposes,
but if an order is ever placed for one, it proposes to purchase the car at wholesale price from
Russia and resell it to the customer at the established retail price.
Sylvester is a sensitive man who has renounced the consumer society. However, when he
hears that Bombatils are now available in Australia, he is interested, because they do not
represent the wasteful, consumer mentality of the Western manufacturers. But he already has
a second hand automobile in good working order.
After some deliberation, he asks Jane to come and see him. She shows Sylvester a Savoy
brochure with her name stamped on it. It says: 'Introducing JANE AUSTEN, Savoy's Agent
in your area, particularly for quality Russian cars and accessories'. Sylvester explains his
interest and the problem that he already has a car. Jane quickly says: 'How about a luxury
Bombatil caravan then?' Sylvester is thrilled. Jane draws up a contract to supply the caravan
in two months time and Sylvester signs for himself and she signs on behalf of Savoy.
As it happens there have been supply problems with the caravans from the Siberian factory
and six weeks ago, Savoy instructed all its agents that it was withdrawing their authority to
sell the caravans on its behalf. Jane had forgotten this. Jane was often forgetting things. She
had been an embarrassment to Savoy before.
Two months later, Sylvester still has no caravan, he is forced to pay $2,000 for four day's
accommodation in a suite at Sydney's Intercontinental Hotel, where he is attending a poet's
conference. It is the only accommodation available in Sydney. Sylvester had hoped to be able
to stay in his caravan. He claims damages from Savoy Cars, but it denies liability. Jane is
petitioning for her own bankruptcy.
Advise Sylvester whether Savoy or Bombatil is bound by the caravan contract, noting
specifically the following questions:
a. What is the legal relationship between Savoy and Bombatil?
c. Who would sue whom and with what result? (Consider also the issue of remoteness of
damage.)
3. Fob, a surveyor, saw an advertisement by a dealer in the daily paper advertising 'Japanese
four wheel drive vehicles at a special low price of $35,000'. Fob showed his assistant, Watch,
the advertisement and told Watch to 'see if you can buy one of these advertised vehicles for
our company immediately as we need a four wheel drive vehicle for our big territory survey
which starts tomorrow'.
Watch called on the dealer who explained to Watch that the Japanese vehicle may be too
heavy for the territory survey and it was only a basic model. The dealer recommended a
lighter weight Korean four wheel drive vehicle which had numerous accessories and sold for
$31,000.
Watch telephoned Fob for instructions but was informed that Fob had been urgently required
interstate and could not be contacted for several days.
Watch purchased the Korean vehicle as agent for Fob and took immediate delivery.
39
Subsequently, Watch discovered that the Japanese vehicle would have been suitable for the
territory survey and that the Korean vehicle was capable of only doing half of the work, had a
shorter working life, a lower resale value and the accessories were of no great benefit for
survey work.
Fob returns from interstate and is very upset about the purchase. Discuss.
40
APPENDIX 3—MODEL QUESTION AND ANSWER
Mary, in conversation, asked her brother Tom what he would take for his Bugatti motor car (a rare
veteran car). Tom said that for her he might be prepared to go as low as $20,000 delivered to her
home. A week later, Mary, who had returned to her home in Melbourne, wrote to Tom accepting
his offer unless she heard to the contrary by the end of the week. Tom immediately faxed her to
say the car was hers. Mary, however, before receiving Tom's fax, decided against buying the car
and had written a second letter to Tom declining his offer and revoking her acceptance of that
offer.
Tom, who is upset that his sister has turned down what he sees as a generous offer (the market
price for such cars being much higher) decides to enforce the contract he thinks he has made with
Mary. Meanwhile, Colin, a nephew of Mary and Tom, has heard that Tom is offering to sell his
Bugatti for $20,000 and faxes Tom unconditionally accepting his offer to sell his Bugatti for
$20,000. Tom's fax machine is now faulty and he never receives Colin's fax. Colin, however, has
prudently sent a copy of his faxed acceptance by ordinary mail and this reaches Tom two days
later. Tom wants to sell his Bugatti to Mary, not Colin.
Discuss the contractual issues involved.
The market value of the Bugatti motor vehicle is, depending on its condition, around $30,000.
Offer
Both the initial enquiry by Mary and Tom's reply can be characterised as request for information
and not offers: Harvey v Facey (1983) AC 552.
Moreover, Tom's reply that he 'might be prepared to be as low...' cannot amount to an offer as it
does not indicate a 'definite declaration by him that it (the offer) will be honoured upon
acceptance'.
Even though she mistakenly believes she is accepting Tom's offer, Mary's letter to Tom is an offer.
These facts are not dissimilar to the 'invitation to treat' cases such as Pharmaceutical Society
(G.B.) v Boots Cash Chemists (Southern) Ltd (1952) 2 QB 795 and Fisher v Bell (1961) 1 QB 399
where the Courts held that the offer was made by the vendor of the goods but by the purchaser.
Acceptance
In Felthouse v Bindley (1862) 142 ER 1037 the Court decided that it was not permissible for the
offer to prescribe silence as a form of acceptance. Therefore, Mary's statement, 'unless she heard
to the contrary' is not effective to force Tom to have to communicate with her.
Apart from silence (which is not applicable for the reasons set out above) Mary has not specified
any particular form of communication as the means of relaying the acceptance or rejection of her
offer. The general rule is that the same form of communication should be used in acceptance as is
used for the offer—subject of course to the specific nature of the transaction. Here there are no
perishable goods etc and so a faxed reply would seem inappropriate. It is not effective until it is
received by Mary. The postal rule has not been extended to apply to instantaneous communication
like faxes, Reese Bros Plastics Ltd v Hamon-Sobelco Australia Pty Ltd (1988) 5 BPR 11, 106.
Revocation
Mary has promised to keep the offer open until 'the end of the week'. As Tom has not paid
anything for this additional promise, Mary is entitled to withdraw it at any time both before and
after the end of the week, Routledge v Grant (1928) 130 ER 920.
In order to be effective a revocation must be communicated to the offeree before acceptance by
the offeree. The postal rule is a rule which applies to acceptance only and not to revocation and
hence Mary's second letter must be received by Tom before she reads his fax in order for her
revocation to be operative, Byrne v van Tienhoven (1880) 5 CPD 344. Although we aren't told, it
is reasonable to assume that because faxes are instantaneous and letters take at least 24 hours,
41
Mary would read Tom's fax before he would receive her letter. Accordingly, Tom, subject to the
comments below, may enforce Mary's offer.
Intention
Tom and Mary are siblings. The general presumption is that there is no intention to create legal
relations in family situations, Murphy v Simpson (1957) VR 598. However, the presumption can
be rebutted by looking at the parties' intention and the seriousness of the consequences, Riches v
Hoben (1986) 1QdR 315. Objectively assessed, written correspondence plus the sum of $20,000
would indicate that the presumption ought to be set aside with the conclusion that the parties did
intend to enter into legal relations.
Consideration
Finally, Tom offers the car for twenty thousand dollars ($20,000) but it is worth thirty thousand
dollars ($30,000). Courts will not look into the sufficiency or the amount of consideration paid.
Provided that there is some value which is adequate then the Courts will not intervene to
determine if it is sufficient, Chappell & Co Ltd v Nestle Co Ltd (1960) AC 87.
This is to be taken as a model answer only.
Prepared by Elizabeth Dowd, October 1996.
Not all issues in the above answer necessarily apply to each tutorial or exam question. You
will have to decide which issues are relevant in each case.
42
STUDY SCHEDULE—STUDY PERIOD 4, 2008–2009
Week Dates Content/Work due
1 1–5 December
2 8–12 December
3 15–19 December
4 22–26 December
5 29 Dec–2 January
6 5–9 January Assessment one due
7 12–16 January
8 19–23 January
9 26–30 January
10 2–6 February Last week to withdraw Assessment two due
11 9–13 February
12 16–20 February
13 23–27 February
14 2–6 March Exam week
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BLW16/UI/02/2008