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5. The word limit is 1,250 words, including references. Students must state the word count on the front of their assignment.
2. This is a common law assignment, and as such, students are not required to discuss any legislation that may be relevant. It is important that students cite case authorities in their answers.
3. Assignments must be typed with double spacing and wide margins. Size 12 font must be used. Work must be adequately referenced using footnotes. No bibliography required.
4. The Australian Guide to Legal Citation is used for referencing in Law Courses.
PROBLEM
Stanley and Ross are very good friends. They have been friends for over 15 years having met during their undergraduate studies at Cole University. Stanley and Ross try as much as possible to have lunch together once a week to keep up their friendship.
On one of those occasions, Stanley discussed his intention to buy a second-hand car for his 18 year old daughter, Stephanie, who is now studying accounting at Cole University. The family live about one and half hours away from Cole Uni and access by public transport has been extremely difficult. Ross tells Stanley he has an old car which could be useful for that purpose and he is happy to ?let go? of the car to Stanley. Ross invites Stanley to his house to inspect the car. Stanley and Stephanie visit Ross? house and were shown a Toyota Corolla, 1994 model with registration number ANZ 111. Stephanie doesn?t quite like the car as all her friends drive brand new cars but she says nothing.
Stanley informs Ross that the car looks quite good and would serve Stephanie?s purpose. All she needs is a means of transportation to school and when she starts working, she could save up to buy another car. Ross replies saying he feels the same way and that he had the car checked by a mechanic and serviced and that cost him about $1,000 so the car is in good condition and ready to go. Stanley and Ross discuss the market value of the car which they both agree was about $3,500. Ross presents a Roadworthiness certificate to Stanley and hands over the key to Stephanie. Ross says he is happy for Stephanie to drive the car away on the day and that himself and Stanley would conclude the deal. Stanley has since registered the car in Stephanie?s name.
Six months later, Stephanie?s 17 year old friend, Bryan tells her he needs to buy a car and that his parents have agreed that he could buy one. Since Stephanie doesn?t quite like the Toyota Corolla, she decides to sell it to Bryan for $1,500. Bryan pays Stephanie $800 and promises to pay the balance in 2 weeks. It?s now over two months and Bryan is yet to pay the outstanding sum of $700. Stephanie does not want the car back since she has used up the initial $800 as deposit for a new car, and in any case, Bryan had an accident with the car and it is no longer in good condition.
Meanwhile, Ross has been quite unhappy with Stanley. Stanley has also noticed a change in Ross? attitude and their friendship has soured. Ross claims that Stanley has made no payment for the car he sold to him and has in fact said nothing about it. He says he had waited as a good friend for Stanley to say something for months. He says on occasions, he had indirectly requested for payment but Stanley had always pretended not to understand him. Ross says he called Stanley three days ago after months of no contact and demanded that Stanley pay the $3,500 outstanding on sale of his 1994 model Toyota Corolla, ANZ 111. Stanley says he does not owe Ross a cent.
QUESTION 1
To determine whether there is a valid contract of sale of Toyota Corolla, 1994 model, reg. ANZ 111 between Ross and Stanley answer the following questions:
a. Is there an offer and who made the offer?
3.5 marks
b. Was the offer accepted and how was acceptance expressed and communicated?
3.5 marks
c. Was there an intention to create legal relations?
3.5 marks
d. What is consideration? Was any consideration provided?
3.5 marks
e. Assuming there is a contract, what are the terms of the contract?
3.5 marks
f. In view of your answers to the above questions, what is your opinion about the existence of a valid contract between Ross and Stanley?
3 marks
20.5 marks
QUESTION 2
a. Is there any particular reason why there might not be a valid contract between Stephanie and Bryan?
4.5 marks
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