Please help :) (1 Viewer)

[NickiM]

Hi everyone, <o></o>
<o></o>
Please help ... <o></o>
<o></o>
This is my first law unit through OUA, and I am seriously stuck! I am not even studying law, but working on my Bachelor of Accounting degree! I cannot get my head around this subject at all! <o></o>
We have been posed the below questions and I really need help. We are to outline the principles of contract law, and apply is to the circumstances of the question, and also find cases of similar circumstances to reference, yet I wouldn't have a clue on how to find any!<o>
</o><o></o>
Question 1<u3></u3>
Andrew, a 17 year old University student decided to hold a post exams party for his friends.<u3></u3>
Andrew asked Kath, a family friend and the owner of 'Kath's Katerers', to supply food and drinks to the party at a cost of $3,000. Kath agreed and on the date of the party arrived at Andrew's house with the ordered food and drinks. <u3></u3>
One hour earlier, Andrew had gone to an ice vending machine to buy several lots of ice to keep the party drinks cool. When Andrew was collecting the ice the vending machine malfunctioned and unexpectedly a block of ice fell from the machine breaking three of Andrew's fingers. The machine had a large notice on it stating, "Persons using this machine do so at their own risk."
Andrew had to go to hospital. He cancelled the party and sent a message to Kath to take back the food and drinks he had ordered telling Kath the party could not be held.<u3></u3>
Kath wants payment of $3,000.
Andrew refuses to pay and wants to sue the owner of the vending machine for damages for breach of contract.

Outline the principles of contract law that apply to this set of facts.<o></o>
_____________________________________________________________________<o></o>
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Bill owned an early model Ferrari car which he decided to sell for $90,000. Bill told his friend John and John said he was very interested and would Bill give John the first right to buy the Ferrari. Bill agreed to do so. After a few weeks Bill asked John if he still wanted to buy the Ferrari. John said he was seriously thinking about it. Bill told John he was going to advertise the Ferrari “for sale at $100,000 or near offer” on the Ferrari Club’s notice board.<u3></u3><o></o><u3></u3><o></o>
In response to the advertisement in the club Bill received a telephone call from Andrew. <u3></u3><o></o>
Bill told Andrew the Ferrari was for sale “But someone has right of first refusal.” Andrew then expressed surprise and asked Bill if he was selling or not. Bill said he was selling the car for $100,000 or near offer and invited Andrew to call and inspect the car. Andrew called on Bill and after inspecting the car offered Bill $90,000 for it. Bill said he would have to speak to John before accepting. Andrew then said he would pay Bill the asking price of $100,000. Bill told Andrew to wait a minute and Bill went into his office and rang John telling him what Andrew had said. John said he would buy the car for $90,000 as originally agreed.
Bill said to John “I suppose I have to sell the car for $90,000 to you”.
Bill then told Andrew about the conversation with John.
Andrew claimed the Ferrari was already sold before the discussion with John.<u3>
</u3>
<u>Outline the legal principles from the law of contract that would apply to this situation.<u3></u3><o></o></u>
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Any help or advice anyone could offer would be greatly appreciated <o></o><o></o>
~ Nicki<o></o>
<u3></u3>

 

[rx34]

It's not that I want to be mean, but don't expect to be spoon-fed on an online forum. This is your first post, you probably made this account once to ask a question. Do your work yourself or discuss it with your mates. If they don't want to help you, then figure it out yourself. Don't expect random strangers on the internet to give you full answers to a question you didn't bother mind-mapping or brain-storming.

 

[NickiM]

I believe I asked for "help or advice". At no point did I ask "random strangers" for "answers"! I wouldn't accept straight out answers to the posted questions as I wouldn't know if they were correct. I was simply leaning towards asking for assistance in a way where I can do this myself - e.g: "How do I search for relevant cases [to the proposed questions]?". I posted the full questions in case there were nicer people out there willing to offer assistance to someone who hasn't studied in a while.

And wtf is with the scathing attack of "This is your first post, you probably made this account once to ask a question"?? I made the account back at the start of December, when I started this unit, and read many posts and answers simply to try to understand the subject, if it's any of your business!

Just because you have 149 posts, does that make you special?? Did someone try to make you feel like shit back when you posted your first post/question asking for help??

I received this question a 4 weeks back. I've been trying to figure it out on my own since then. I am six weeks in to a Law course that I have never studied before!

I have posted (along with many others in the same boat as me) on our Uni forum, to no real response as to what to do, where to begin, and how to tackle our answer. I've also emailed my tutor, but given the fact that he has almost 1000 students to tend to, he's a little busy to give immediate replies - I've still email him, though, in case he can respond to me soon.

"Figure it out yourself"?? Oh ok then, I'll give that a go! Thank you for your wise words of wisdom.

Geez, for someone who doesn't wanna sound 'Mean", you're seriously coming across like an absolute self righteous bitch! If you can't offer simple assistance, then I'd ask you to not bother writing to me as I wouldn't want to take up any of your precious time!

 

[amaccas]

At our university if any of the instructors found out you posted something like this online you would probably get zero for the assignment.

 

[porphyrin]

Assuming you've covered the relevant principles of contract law in your course ...(such as offer and acceptance -> was there a contract in the first place? what were the terms? Breach? Termination? etc - this list isn't exhaustive, just some examples)...cover off on each area as you work through the problem. You need to use cases/text references to support each conclusion.

Hope that helps a bit?

 

[NickiM]

At our university if any of the instructors found out you posted something like this online you would probably get zero for the assignment.

Hi Amaccas,

Thanks for bringing that to my attention. I don't know if that is the case with us, since the entire course is via correspondence. I'll look into it.

Thanks again,

Nicki

 

[NickiM]

Assuming you've covered the relevant principles of contract law in your course ...(such as offer and acceptance -> was there a contract in the first place? what were the terms? Breach? Termination? etc - this list isn't exhaustive, just some examples)...cover off on each area as you work through the problem. You need to use cases/text references to support each conclusion.

Look to the cases you covered in the course, there are probably some that have similar results (but won't be identical) and apply them to the example you have been given as supporting references.

Hope that helps a bit?

Hello Porphyrin,

Thank you very much for your reply.

Yes, we have covered the relevant principles (albeit rather quickly - There is a lot involved in this course, and via correspondence being isolated from my other classmates whilst working 2 jobs makes it that much more difficult.)

I actually heard back from my tutor today. My last couple of emails to him must have gone astray. I asked if I could sub heading everything, e.g.:

FORMATION OF THE CONTRACT
> Making an offer - Andrew approached Kath of Kath's Katerers' requesting her services to cater his post exam party. Blah blah blah ...
> Responding to an offer - Kath accepted the proposal and agreed to supply and cater the required items for the party ... Blah blah blah ...
> Acceptance - Blah blah blah ...
> Consideration - Blah blah blah ...

He has allowed me to do this, provided there is a clear conclusion. I think this will help me.

I found a couple of cases in my text book, but was hoping to branch out a little and find some of my own. I just don't know how to search for them...

Thank you again for your reply, you've been most helpful

Kind regards,

~ Nicki

 

[flamearrows]

Look to the cases you covered in the course, there are probably some that have similar results (but won't be identical) and apply them to the example you have been given as supporting references.

The approach of finding a similar case and applying it to find a similar result is the quickest way to a poor mark that I know of. And I should know, having tried it and learned my lesson in Torts in first year.

You need to read the case and work out what the principle is, what the case stands for. Then you need to apply the principle to the set of facts that you have at hand. The result of the case you study is normally incidental at best to the legal principles within.

 

[NickiM]

The approach of finding a similar case and applying it to find a similar result is the quickest way to a poor mark that I know of. And I should know, having tried it and learned my lesson in Torts in first year.

You need to read the case and work out what the principle is, what the case stands for. Then you need to apply the principle to the set of facts that you have at hand. The result of the case you study is normally incidental at best to the legal principles within.

Hi Flamearrows,

Thank you for your reply. I think you're right. I'll scan my books looking for cases representing certain principles, and applying it to the case question.

this is my first unit in Law, and it's just insane! Being so isolated due to the course delivered online, and moving at such a fast pace is crazy! It's hard to actually grasp everything!

Were/are you studying law to become a lawyer, or as part of another degree, like me?

Thank you again, for your response! Greatly appreciated

~ Nicki

 

[flamearrows]

Were/are you studying law to become a lawyer, or as part of another degree, like me?

I used to be fairly conflicted about this but these days I can safely say that I will not be using my law degree to be a lawyer

 

[porphyrin]

Flamearrows:

I agree with you 100%. I didn't do a good job of wording that part of my post well at all. Will edit it incase I give anyone the wrong idea! Using the word 'Results' was a terrible way to phrase what I was trying to say.

Extracting the principle from the cases you have studied and applying it to the facts you have been given is definitely the way to go!!

 

[NickiM]

Flamearrows:

I agree with you 100%. I didn't do a good job of wording that part of my post well at all. Will edit it incase I give anyone the wrong idea! Using the word 'Results' was a terrible way to phrase what I was trying to say.

Extracting the principle from the cases you have studied and applying it to the facts you have been given is definitely the way to go!!

Awesome! Thanks so much for your help, guys!
I think I'll scan my books for relevant cases tomorrow and start locating and extracting the relevant principles.

Thank you again, so much Porphyrin & Flamearrow, greatly appreciated

 

[twistedtigers]

I did business law as a part of my Bachelor of Business degree by correspondence and was shocked by the isolation and lack of lecturer support. I also found that the message boards which were supposed to be used by online students to brain-storm ideas were never responded to. I think the bald statement that this post is unethical is unfair as long as it is only general guidance someone is seeking and not answer guidelines.

My advice is to pay really close attention to any answer guideline you get to this assignment once it is done. It will give you an idea of the correct methodoly to answer any future questions (especially for the exam) and how much detail your course requires. My business lecturer spent no time assisting students and we received nowhere near the help I can now obtain as a law student.

Good luck and don't get disheartened so early on in the studying year!