There is no set format for this document just that it is set out clearly in 1.5 line spacing and a minimum font of 12.
Word count is 2000 and does not include headings or referencing. There is an acceptable 10% (+/-).
Word count exceeding 2000 (+/- 10%) will be penalised 5 marks per 100 words.
NOTE Word count DOES NOT include headings and referencing
Late submission penalty – 5 marks per day for 7 days
After 7 days, an unexcused late submission will NOT be accepted
Referencing must comply with Harvard
LAWS 1018 – SP2 2022 – Assessment 1 Problem Questions – Short Answers LAWS 1018 SP2 2022 Problems - Short Answers INSTRUCTIONS There is no set format for this document just that it is set out clearly in 1.5 line spacing and a minimum font of 12. Word count is 2000 and does not include headings or referencing. There is an acceptable 10% (+/-). Word count exceeding 2000 (+/- 10%) will be penalised 5 marks per 100 words. NOTE: Word count DOES NOT include headings and referencing Late submission penalty – 5 marks per day for 7 days. After 7 days, any UNEXCUSED submission will not be accepted. If you feel you cannot complete your Assessment by the Due Date, please send the Course Coordinator an Extension Request. Referencing must comply with Harvard (or AGLC if you are a law student). You must include Case Law in your answers. There must be at least 1 case cited per answer. However, you can cite more Case Law per answer if you need to. Contract Law Question 1A – Offer and Acceptance Jacinda received a circular from a newly opened Beauty salon in North Adelaide. It was dropped off to her office in the City. The flyer was advertising the following: Relaxing Beauty Grand Opening March Madness Special Deal $10 for a Massage and a Manicure with this Flyer Come relax and be pampered Jacinda took the flyer with her when she went home at the end of the day. She lives in the southern part of the city, in Noarlunga, which is about a 45 minute drive from the Salon. The next day, Jacinda called “Relaxing Beauty” and spoke to Christina. Jacinda asked “is that deal on the flyer true?” Christina answered “yes, of course. The only condition is that you have the flyer with you. So bring it along to your appointment and you’ll get the special price”. Jacinda booked a 1pm “Massage and a Manicure – March Madness Special”. Due to some traffic and roadworks, it took Jacinda slightly over an hour to drive to the Salon. Mariana, the owner of the business, told Jacinda that there had been a mistake on the flyer and that is should have said “$100 for a Massage and a Manicure with this Flyer”, not $10. Seeing that Jacinda was a bit upset, Mariana assured her that was still a great deal at $100 since, usually, a Massage and a Manicure would cost at least $175. Jacinda was furious since it took her over an hour to drive to “Relaxing Beauty” and she had confirmation that the deal on the Flyer was authentic from Christina. Jacinda wants the Salon to deliver on their promise to give her a Massage and a Manicure for $10. Advise Jacinda on whether or not a Contract exists. Focus on Contract Law relating to Offer and Acceptance. Do NOT use Consumer Law for this scenario. (10 Marks) Question 1B – Consideration After a heated exchange, Mariana (the owner of “Relaxing Beauty”) and Jacinda (the customer) calm down. Jacinda assures Mariana that the Flyer says $10 for a Massage and a Manicure. Mariana puts on her reading glasses and, when everything is in focus, she sees the mistake on the Flyer. She quickly realises that the printing company made a mistake. Jacinda has had enough. She collects her things and starts to head out the door. Mariana, not wanting to lose customers in the first month of being open, proposes a deal to Jacinda. Mariana says “sorry, it’s a mistake from the printer. I’m really sorry about this. But, I can’t provide a massage and a manicure for only $10 since I’ll lose money.” Jacinda says “fine. Whatever. I’m leaving. But, I will post this on my socials, make a webpage on my website and give this shop bad reviews everywhere I can.” Mariana responds “I’m really sorry. It was a mistake. How about this? I’ll have Suli perform the massage and Trina do the manicure for $10. But, in return, maybe you can do something for me? You said you run a website. Could you make “Relaxing Beauty” a nice website?” Jacinda, who works as a web developer, thinks that this is acceptable. She knows that it will take her about 30 minutes to make a decent website for Mariana. She agrees to deliver a website for “Relaxing Beauty” by the end of the week. After the massage and the manicure, Jacinda has Mariana load pictures of “Relaxing Beauty” on a flash drive. She will use these images when she develops the website. And Jacinda says “I’ll have your page by the end of the week” Jacinda leaves “Relaxing Beauty” in such a relaxed state that she forgets the Solid Gold compact vanity mirror her Grandmother left her upon passing away. Jacinda’s work has just picked up 8 new clients. So, Jacinda does not have any time to make the website. Mariana, feeling upset that the website is still not completed, calls Jacinda. Mariana says “since you haven’t done your part of the deal, you owe me $90. I am selling this compact vanity mirror, keeping the $90 you still owe me. And whatever is leftover, you can apply towards any future Massages at “Relaxing Beauty”. Needless to say, Jacinda is very upset. She asks your advice on whether Mariana can do this. Advise Jacinda using only principles of Consideration in Contract Law. (10 Marks) Question 1C – Exclusion Clauses Jacinda and Mariana finally reach a peaceful agreement to their dispute. Mariana did not sell the solid gold compact vanity mirror. Instead, she agreed to keep it for Jacinda until the next time she came to “Relaxing Beauty”. And Jacinda made “Relaxing Beauty” an amazing website with state-of-the-art templates. In fact, Jacinda added a Payment Gateway feature to the Website. This allowed Mariana to begin to sell products like Shampoo, Conditioner and beauty treatments on the website. When Jacinda visited “Relaxing Beauty”, she noticed that the wall behind the cashier was now full of beauty products for sale. The sign read “As seen on the Web, Relaxing Beauty products on sale here”. It was clear that the sign was covering up another sign. However, some words from the covered sign could still be seen. Jacinda decided to try the “Heated Coconut Oil and Therapeutic Lotion Kakadu Special Massage”, a deep tissue massage. The masseuse was not very familiar with deep tissue massages and was in the middle of an Online Course on how to properly give this type of massage. The masseuse put Therapeutic Lotion on top of the Heated Coconut oil. However, the masseuse did not allow the Coconut oil to cool down. This was very carefully explained in the Online Course. The Coconut oil had to be cool before the Therapeutic Lotion was applied because heat caused Therapeutic Lotion to undergo a chemical change. Jacinda felt a burning sensation everywhere that the Therapeutic lotion had been applied. She leapt from the table, screaming in pain. “What did you do to me? What is this?” Jacinda yelled at the Masseuse. “It’s a special cream that my cousin makes in Myanmar. He ships it to us. It’s very good for you” says the Masseuse. As Jacinda goes to leave the shop, she tells Mariana “You’ll be hearing from my lawyer”. Mariana simply smiles and says “Go for it. My lawyer says that you can’t do anything because I have this sign”. Mariana then peels off the “As seen on the Web, Relaxing Beauty products on sale here”. Under that sign was the sign that reads: All beauty treatments take place at customer’s risk. Relaxing Beauty and their employees accept no liability for any damage, injury, or consequential loss, whatsoever caused, while a customer is undergoing beauty treatments. A visit to the doctor confirms that Jacinda has been injured quite badly. There are 2nd degree chemical burns all over her shoulders and back. She wants compensation from Relaxing Beauty. Advise Jacinda whether she will be able to be awarded compensation and damages from Relaxing Beauty. When answering this question, focus on the rules for Exemption Clauses in Contract Law. Do NOT use Consumer Law for this question. (10 Marks) Assessment 1 Question 1A – Offer and Acceptance I would advise Jacinda that the contract is existed.Comment by Nicholas Kidman: Consider cutting these paragraphs out to save on words. In this case, Jacinda repeatedly confirmed with the store on the phone before going to the store that the content of the flyer was authentic and reliable, and determined that the only condition was to bring the flyer to the meeting, in the contract law of the merchant's flyer was accepted by the customer formed a contract, when Jacinda arrived at the store with the flyer, the merchant should fulfill the contents of the contract, and at the same time Jacinda drove for more than an hour because the merchant confirmed the authenticity of the flyer on the phone, and the customer met all other conditions of the contract. Meanwhile, Jacinda drove for more than an hour because the merchant confirmed the authenticity of the flyer on the phone and the customer met all other conditions of the contract, which belonged to the store's breach of contract regulations and could lead to legal consequences. Christina made the offer to a crowd, and anyone in the crowd who accepts the offer formed an agreement. Only if Christina's offer is not accepted by anyone can the merchant cancel the agreement, thus Mariana, the owner of Relaxing Beauty, has no right to refuse Jacinda's request. Firstly, most advertisements are generally deemed to be 'invitations to treat' rather than offers to the world at large. to treat is a preliminary statement of willingness to accept an offer. They usually include a catalog and price list. In this case, Relaxing Beauty stated the price and the items for sale in the flyer it published. Therefore, it may have been an invitation to treat. However, the advertisement may also be a unilateral offer. An offer is "an expression of willingness to enter into a contract on specified terms". It must indicate that the offeror intends to be legally bound. It must promise to do something, and it must also set out what the offeree must do in return. In Carlill v Carbolic Smoke Ball Co, an advertisement stated that the company would pay £100 to anyone who caught the flu after using a smoke ball. The court held that this was a unilateral offer made to the world at large. There was no need to communicate any acceptance before performing a specific act. This is the same nature of the act as relaxing beauty's promise of "Special