ASSIGNMENT This is an individual assignment. Assignment Requirements: • Students must use a 12 size font, double spacing and default Microsoft Word margins. • Please place your student name and...

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ASSIGNMENT This is an individual assignment. Assignment Requirements: • Students must use a 12 size font, double spacing and default Microsoft Word margins. • Please place your student name and student number in the top header of each page. • Place page number in the bottom footer of each page. • Please submit your work as a Microsoft word document. • Referencing: Please use the Chicago Style of referencing. The citation guide can be found on the Library site at: http://library.murdoch.edu.au/Students/Referencing/ The marking criterion for the Assignment is: The mark for your assignment will be determined by reference to the quality of its analysis, its clarity and organisation, unity and coherency and logical flow of argument and ideas, and its presentation, including its freedom from distracting stylistic errors (grammatical, spelling, punctuation and typographical). Identification of relevant issues 5 Explanation of the appropriate regulatory and governance frameworks 10 Analysis of the frameworks to the particular facts 15 Presentation/Structure/layout 5 Referencing 5 TOTAL 40 Cases decided by courts and tribunals have a name, a year of decision, report title, report volume, and report page number. All of these details should be included in the first citation of the case, for example, Stevens v Brodribb Sawmilling (1986) 95 CLR 523. After that the case can be referred by name only. Where you have found out the details of the case from a summary or other source and not from the case report itself, your sentence should conclude with that source, for example, In Stevens v Brodribb…(van der Waarden 2010, 18). Note, this example is appropriate for Chicago style referencing. Legislation should be named with the year of parliamentary approval and jurisdiction listed as part of its name, for example, Fair Work Act 2009 (Cth). Cth is an abbreviation for Commonwealth; WA is the abbreviation used for Western Australia. If you are referring to a particular section of an Act, you should name the Act first and then add the section, for example, Fair Work Act 2009 (Cth) s 117. MBS518 Principles of Business Governance, Trimester 1, 2021 2 Assignment submission Internal and external students must submit the Assignment electronically via the LMS. Assignments are to be submitted in Microsoft Word; assignments submitted in other formats will be returned for resubmission with late penalties being applied. So your work doesn't get mixed up with others', use a filename which follows the convention: Unit Code, Assessment Name, the first three characters of your last name, your first initial and your Student Number. e.g. MBS518AssPeaA12345678 for student Anne Peachey. It is the responsibility of students to keep a copy of all assignments handed in for assessment. Late submission of assignments If you are facing difficulties in completing your assignments, you should consult your tutor and Unit Coordinator before the due date. Requests for extensions to submission deadlines must be made before the due date to the Unit Coordinator, in writing, providing evidence to substantiate the reasons for the request. It is at the Unit Coordinator’s discretion whether or not an extension is granted. Extensions will usually only be granted in valid pressing medical or compassionate situations, where the student acts promptly to contact the Unit Coordinator. Work obligations, family celebrations such as weddings, moving-house, computer failures, car failures or other transportation difficulties, other study commitments and similar matters are not valid reasons and thus are not accepted as grounds for an extension. As such, any valid request for an extension must be accompanied by the assignment draft, completed up to the point of the request as well as supporting evidentiary documentation. There is little point in requesting an extension if you have made no progress with your assignment as this simply indicates lack of time management skills. It is up to the student to manage their study time efficiently and effectively so that the assignment is completed on a progressive basis over a number of weeks. For all extension requests, documentary evidence supporting the grounds for the extension request must be provided. For example, a student requesting an extension based on medical grounds, will need to produce a valid medical certificate. Any assignment that is received after the due date and time is deemed to be late. The time and date as recorded by LMS will be used to make the determination of timeliness. Late assignments will be penalised 10% of the total available mark for each calendar day or part thereof that the assignment is late. Where an assignment is submitted later than two weeks past the due date, without a granted extension, staff may choose to provide feedback only on the assignment and not provide a mark. MBS518 Principles of Business Governance, Trimester 1, 2021 3 ASSIGNMENT QUESTION On May 4, 2020, Simon Smart mailed to Carl Clever a written offer to sell ten (10) shares of an unlisted stock at $60 per share. The letter stated that Carl had four (4) days from the date of the letter to accept this offer. The offer was received by Carl at 2 p.m. on May 6. At 3 p.m. on May 6, Carl mailed a letter to Simon that stated in part: "…will purchase ten shares at $55 per share...” Earlier that day, at 11 a.m. on May 6, Simon had sold all the shares to Barry Bright for $65 per share and at 12 p.m. on May 6, had mailed a letter to Carl revoking his offer. Carl, who was unaware of Simon’s activity, learnt at 4 p.m. on May 6 that the market price of the shares might increase. At 5 p.m. on the same day Carl sent a phone text message to Simon (which Simon received immediately) to "disregard letter dated May 6...will take offered stock for $60 per share." Simon received Carl’s letter of May 6 at 2 p.m. on May 8. Carl also received Simon’s letter of May 6 at 2 p.m. on May 8. Carl claims that he has a contract with Simon for the purchase of the unlisted stock. Is this claim correct? A. Identify the legal consequences of all communications with reference to decided cases and advise Carl of his contractual position with Simon. B. Would your answer be different if Simon Smart had emailed the letter of revocation on May 6 at 12 p.m.?


answering a legal questionintroduction, issues that you need to intend to discuss
define explan the relavant law cases statute principles definitions


apply the factsdiscuss/argue
conclusion






Answered 2 days AfterFeb 20, 2021MBS518Murdoch University

Answer To: ASSIGNMENT This is an individual assignment. Assignment Requirements: • Students must use a 12 size...

Sugandh answered on Feb 23 2021
137 Votes
4
Practical Analysis
Introduction
The case highlights the following aspects which are pointed as below:-
Simon Smart = Seller
Carl Clever = Buyer
Offer date to purchase the unlisted
10 stock @ $ 60 per share = May 4, 2020
Letter Condition = Four (4) days from the date of the letter to accept this offer.
Offer Letter Received By Carl = 2 p.m. on May 6 2020
Offer Letter sent to Re offered @ $ 55 = 3 p.m. on May 6 2020
Share already sold to another party (Barry Bright for $65 per share) = 2 p.m. on May 6 2020
Revocation of offer from Simon to Carl = May 6 2020
Offer Letter Acceptance Sent by Carl = 5 p.m. on May 6 2020 sent a phone text message to Simon.
Simon received Carl’s letter of re offer mailed on May 6 = 2 p.m. May 8 2020
Carl received Simon’s letter of revocation sent at May 6 = 2 p.m. on May 8.
Issues to be discussed
On the above situation the things to be analyzed is very evident which is whether Carl claims is correct or incorrect. The issue is to check and analyze as to whether there is a contract between Simon and Carl for the purchase of the unlisted stock is valid or invalid or does it exists at the very first moment.
The other issue which needs to be highlighted and discuss is in connection with the letter of revocation.
“Would your answer be different if Simon Smart had emailed the letter of revocation on May 6 at 12 p.m.?”
Relevant Case Law and Regulations
Australian contract law is mainly based on the English common law, it explains the concept where the Australian contract law is freedom of contract and mainly effected by the system of the Competition and Consumer Act 2010 (Th).
The case laws which are required to be analyzed can be explained or listed below who references are taken are the
Carlill vs Carbolic Smoke ball Co (1892) EWCA Civ 1
Brogden v Metropolitan Railway Company (1876–77) L.R. 2 App. Cas. 666.
Empirnall Holdings Pty Ltd v...
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