ENTERPRISE LAW (LAWS1001)

Assessment task 2 Group Case Study

Value: 25% of your final grade.

Due: Before 5 pm on Wednesday, 30th August. Any request for an extension must be
done through the official form, and all work done to date must be attached.
Submission: Through vUWS. Only one member of the group uploads the answer.
Only one response can be uploaded, so ensure you upload the correct version.
Length: 850 words. This is a strict word limit. You are not allowed to exceed it
without suffering a penalty. The penalty is 1 mark per 100 words, or part thereof,
over that limit. The Reference List will not be included in the word count, which is
required as you must use the Harvard/WSU style of referencing. Everything else
submitted will be counted.
The evaluation of the groupwork is based on the product - the report. This means the
mark for the report is the mark for each group member. This assessment task must
reflect the understanding and effort of all the participants in each group. The person
uploading the answer may comment upon the total non-participation of any named
individual member. If this occurs that student will receive a zero mark.
Topic: Module 2, Contract Law I.
Resources: You are to only use your textbook and your notes from the lectures and
tutorials. There is no additional research component in this task.
Marking Criteria: Please refer to the marking rubric below (taken from the Learning
Guide) to get a better understanding of the task requirements. Please note these are
not equally weighted.

Criteria HD D C P F
Identify legal Clearly and Correctly Identifies Identifies Does not
issues in the correctly identifies the most of the some of the identify all or
scenario identifies the legal issues in legal issues in legal issues in most of the
legal issues in the scenario the scenario the scenario legal issues in
the scenario and explains and provides and attempts the scenario
and explains relevance some to explain and offers no
relevance explanation of relevance explanation
relevance
Identify key Thorough Clear Applies key Attempts to Does not
areas of law application of application of areas of law apply key attempt to
(concepts and key areas of key areas of (concepts and areas of law apply key
principles) law (concepts law (concepts principles) (concepts and areas of law
appropriately and and mostly principles) to (concepts and
to discuss the principles) to principles) to appropriately solve the principles) or
issues and discuss and discuss the to solve the problem; law applies
propose a address the problem with problem and not always incorrect key
 direction to problem and appropriate explains why appropriate areas of law
address the extensive explanation and/or some (concepts and
issues explanation explanation principles);
given little or no
explanation
Written Clear and Clear and Clear and Several errors Major errors
Presentation coherent coherent coherent in in
writing style writing style writing style. referencing, referencing,
with a with Some errors spelling, spelling,
thoughtful persuasive in grammar, and grammar, and
structure and arguments, referencing, punctuation, punctuation,
highly however, spelling, and meaning and/or
persuasive there are a grammar, and somewhat unclear
arguments, few minor punctuation, unclear at writing style
few or no errors in but meaning times that impedes
errors in spelling, not impeded. meaning.
spelling, grammar,
grammar, punctuation,
punctuation, and
and referencing
referencing

PROBLEM SCENARIO:

Sam decided to sell some of his collections of garden gnomes. On Saturday 17 th he

advertised on Garden Marketplace, an online selling site, listing his collection of
Snow White and the Seven Dwarfs (Snow White collection) for $350, and his Donald
Duck and girlfriend, Daisy, and his nephews Huey, Dewey and Louie collection
(Duck collection) for $340. He left his contact details of a mobile phone and home
address.
On Sunday, Fred phoned Sam and said he only wanted to buy Sleepy and Grumpy
(from the Snow White collection), and offered to pay $60 each for them and give him
Ursula, which Fred knows Sam needs to complete his Little Mermaid collection. Fred
was known to Sam as he was a fellow collector and they regularly met at Gnome
Conventions. Sam stated he was not interested in breaking either collection, so all or
nothing. Fred said he would think about it, but in the meantime would he hold that
collection for him for 3 days. Sam said ‘OK, but only 3 days’. Fred then hung up.
Marianne wrote a letter to Sam agreeing to buy the Snow White collection at the
specified price. She posted this letter, which was correctly addressed and stamped,
on Monday 19th. This letter was received by Sam on Thursday.
On Monday morning Fred phoned Sam and again said he was only interested in
buying the two gnomes, but increased the price to $70 each and Ursula. Sam said
he would think about it. He said this because no one else had shown him any
interest in that collection.
Later that Monday Timothy turned up Sam’s house and said he was interested in the
Duck collection, but he wanted to check on their condition. They were in good
condition so Timothy said ‘I will give you $300 for the lot.’ Sam replied by saying he
was not negotiating the price. Timothy said he would think about it.
On the Monday evening Frankie phoned Sam and agreed to buy the Duck collection
for $300 with delivery to another state included. Sam said he would not negotiate on
the price and postage anywhere would have to be extra. Frankie said ‘Fine, your
loss’ and hung up.
Later that evening Timothy phoned Sam and said he would pay the full price. He
would pick them up the next evening. Sam said ‘I won’t be available on Tuesday
evening but can you do Wednesday evening?’ Timothy agreed to collect on
Wednesday and pay cash.
Sam phoned Fred on the Thursday before he received his mail, and said ‘Fine, I will
sell the two gnomes to you but for $100 each and Ursula.’ Fred said ‘You drive a
hard bargain, but OK I agree.’
Soon after this conversation Sam’s mail is delivered and he immediately phones
Fred back and said ‘Sorry mate, I cannot break the collection.’
Has Sam sold his two collections, or parts thereof, and if so, to whom? Explain your
answer by discussing the essential elements for contract formation with respect to
each transaction.

END OF QUESTION.