Reference no: EM131897786

Assignment

Instructions

There is no strict word limit for this piece. An appropriate length is 1,500 words (between three and four pages). Assignments with fewer than 1,000 words are unlikely to address all the legal issues and will not constitute a "credible attempt" within the meaning of the Subject Outline part 5.1. Assignments exceeding 2,000 words should be carefully edited to express your argument more succinctly as the excess will not contribute to your grade.

This assignment is intended to provide you with the opportunity to consider a range of legal issues that can arise in contract law.

You are expected to think through the issues thoroughlyand provide a reasoned solution to the problems posed by the facts. In particular, youmust ensure that you cover each of the mattersspecifically asked for in the question.

For that purpose, you should ensure that before starting the assignment you read both the Guide to Answering Legal Questions in Assignments and Examinations (detailing the IPAC method of legal problem solving) and the Sample Questions and Answers - both of which are on the LearnJCU site for this subject.

Students may work collaboratively in considering the problems (and are strongly encouraged to do so) but individual essays are to be submitted by each student - and they are to be your own work. Students should read and are expected to comply with the university's policy on plagiarism, both generally and in relation to collaborative work submitted individually.No particular formatting or referencing style is required

The assignment is due no later than 5pm on Monday 26 March 2018.Late assignments will be penalised by a 5% reduction of the possible marks for each day or part of a day by which submission is late (ie a penalty of 1 mark per day or part day by which it is late). This is mandated by JCU policy.

Students are to submit both hardcopy through the assignment boxes in the College Office in Townsville (level 3 in building 27) and an electronic copy through Safe Assignment on LearnJCU. The hardcopy is to include a signed coversheet and is to be date-stamped. Cover-sheets are available at the end of the Subject Outline and the date-stamps are available at the College Offices.

Question

Andy has a seven-year son called Brian. Brian attends Erehwon State School, a primary school in Queensland. On 1 December 2017, Brian brings home from his school a notice

Dear Parents/Caregivers

For 2018 our Parents and Citizens' Association, with support from the school, has negotiated a very competitive student book pack offer for all year levels with Cockatoo Educational Resources. Student Packs offer competitive pricing plus some fantastic features such as online ordering and home delivery. All parents have the choice of where they buy their resources from, however the prices and inclusions negotiated with Cockatoo are exceptional value and provide stress-free purchasing with all items in one pack, delivered to you.

The newsletter also contained a link to the Cockatoo website and a special code "EREHWON2" to access the Erehwon State School Year 2 list of stationery items.

On Tuesday 9 January 2018, Andy retrieves this notice and navigates to the Cockatoo website. He enters the special code and was redirected to a page with the following on it:

Cockatoo have been appointed as the official Student Pack provider for your school for 2018.Please be aware that the suggested quantities have been stipulated by your school. Each child will require the suggested quantities as a minimum requirement for the start of the school year.

Please read all instructions carefully, both below and on the ensuing pages, as all orders are Firm Sale i.e non-returnable.

Due to high workflow demands extended delivery times are to be expected. Any studentpack order placed may take 3 weeks to deliver from time of order. Cockatoo Educational Resources apologises for inconveniences this may cause.
Orders received after Monday 18 December 2017:-
* will still be accepted.
* will receive a lower priority.
* may not be delivered before the start of Term 1 2018.
* will be packed in a box and delivered to your nominated daytime delivery address (signature required). Associated fees and charges will apply.

All orders are Firm Sale i.e non-returnable.
 
Andy checks when the start of term is for 2018 and determines that it begins on Monday 22 January 2018.

The cost of ordering the stationery through the website is $139, including $22 for shipping and handling. Andy estimates that the stationery would cost about $170 if he purchased it locally, although he would not need to pay for shipping and handling. He pays $139 on his credit card and receives email confirmation the order a few minutes later.

On Sunday 21 January 2018, Andy emails Cockatoo asking for an update on his order. He does not get any reply.

On Monday 29 January 2018, Andy calls you up. He is very stressed and asks if you can give him some advice, prior to him calling Cockatoo.

To advise Andy, you need to consider:

1. Whether there is a contract between him and the Parents and Citizens' Association, the school, and/or with Cockatoo Educational Resources.

2. What the contractual significance (if any) of the following statements is:
a. "competitive pricing" and "exceptional value"
b. "provide stress-free purchasing"
c. "All orders are Firm Sale i.e non-returnable"
d. "will receive a lower priority"
e. "extended delivery times are to be expected"

3. Whether Andy has non-legal options to resolve any dispute

4. What the appropriate court or tribunal is for Andy to bring an action in.

Note: this assignment is for students to demonstrate an understanding of the subject material up to and including week 4. In completing this assignment (other than applying statutory rules for determining jurisdiction in item 4 above), you are required to draw upon common law rules of contract law. You are not required to draw upon (and will not be graded on)subsequent material on vitiating factors, breach, performance, remedies, sale of goods or the Australian Consumer Law.

Refer the subject outline guide while doing assignment

Attachment:- outline.rar