MLL111 - CONTRACT T1 2013
Sheldon operates an internet business selling antiquarian books from a store in Melbourne. He advertises widely through his web site and sells to customers around the world.
On 15 May 2012 he published an advertisement on his web site in the following terms
SHELDON’S ANNUAL SALE OF RARE CLASSICS
(First Edition, mint condition)
Three sets available, $5,000 each; first come first served
Code of Hammurabi
Original Persian print version, $1,500,000
Sally, an avid collector of rare books, read this advertisement on 15 May and immediately emailed Sheldon ordering a copy of Blackstone’s commentaries. She was the second person to do so. However, Sheldon responded to her on 18 May saying that due to unprecedented interest in this publication he had decided that it was only fair to invite tenders for each volume, rather than selling them immediately. He then published a request to this effect on his web site on 19 May.
In response to Sheldon’s request for tenders, on 20 May Imogen sent an email to the address shown on the web site submitting a tender of $6,500. Sheldon read Imogen’s email on 22 May and decided to sell one of the volumes to her at that price. Therefore, he wrapped up a volume for her, enclosed an invoice for $6,500, and on 24 May posted it to the postal address shown on Imogen’s email. Unfortunately however, due to an unexpected change in her financial position, on 23 May Imogen decided that she could no longer afford to purchase a copy of the Commentaries and therefore, she again emailed Sheldon saying that she no longer wished to have her tender considered.
Sheldon’s Annual sale also came to the attention of the Auckland Law Library in New Zealand which had for some years been seeking a Persian print version of the Code of Hammurabi. Therefore, with the aid of several donors, it sought to secure the stated sale price. Unfortunately, it was able to raise only $1,400,000 and so wrote to Sheldon on 17 May asking to purchase the Code for this amount. Sheldon replied on 25 May saying that he was willing to sell only for $1,500,000 but that he would give the Library until 30 May to raise the additional $100,000 it required. However, on 27 May an American Library contacted Sheldon about the Code and after frenetic negotiations he sold it to that library for $2,000,000 on 28 May. Although through library channels it had become aware of the American Library’s purchase of Sheldon’s copy of the Code, after contacting new donors, the Auckland Law Library emailed Sheldon on 29 May saying that it now had the $1,500,000 he was asking and that it would pay this amount if he would instead “sell to his ANZAC cousins”.
WRITTEN ASSIGNMENT QUESTION
Due Date: Monday12 April 2013 by 11:59pm AEST
Length: Maximum 2,000 words excluding footnotes
Precent of Final Mark: 40%
Sheldon comes to your law firm for advice. He has the following questions:
1. Does he have a contract with Sally who is now demanding a copy of Blackstone’s Commentaries?
2. Does he have a contract with Imogen now that he has sent her a copy of Blackstone’s Commentaries?
3. Does he have a contract with the Auckland or the American library, both of whom are demanding his copy of the Code?
Your supervising partner asks you to prepare a ‘memo of advice’ for her setting out the legal rights and obligations the parties may have in relation to the facts outlined above. You should provide full reasons for this advice. You may assume that all the facts provided are capable of being established in court. If you believe additional facts are needed in order to provide more complete and accurate advice you should indicate what those facts are and how they would assist in the provision of your advice.
You may also assume there are no special laws (beyond what is covered in this unit) that would apply to the fact situation so provided.
1. This assignment is to be completed individually. It is worth 40%. There are no hurdle requirements, so should you fail (or fail to submit) the assignment you may still pass the unit, provided your total mark for the unit is 50% or more (this is not, however, advised, as achieving 50/60 in the exam will not be easy).
2. The assignment is in the form of a ‘legal problem’ (as opposed to research assignment/essay). As a consequence, the marking guide (an edited version of which appears below) allocates a number of marks to each issue you are expected to address. The question has been designed to allow you to answer it with minimum (if any) research beyond the unit materials. As a result, no specific marks are allocated for research.
Word limit and citation
3. Word limit: The word limit for the assignment is 2,000 words. The word limit will be strictly enforced. Clients and senior solicitors demand advice that is full and well written, yet clear and succinct. If you understand the issues and draft your advice carefully you will find you can properly and concisely cover all relevant matters within the word limit set. Words in excess of this limit (after taking into account a 10% tolerance) will not be marked. Your name and student identification are not included in your word count. Any footnotes used for citation purposes only (see para 4, below) are not included in the word count. Any sub-headings used are included in the word count.
4. Style and citation: Your assignment should be written in the style of a memorandum to your supervising partner (a sample and some guidance will be provided in the ‘Assessment’ folder of CloudDeakin under the tab ‘How to write a memorandum and sample’. Footnotes are appropriate; a bibliography is not required. For this assignment citation footnotes will not be counted in the word limit; however, if it appears that you are using footnotes for part of your substantive argument these footnotes will be counted. Your preliminary heading (eg “Memo re Mr Sheldon …” etc) will not be counted in the word limit. However, sub-headings used in the body of your memorandum will be counted in the word limit.
5. Citation: You are expected to adhere to the Australian Guide to Legal Citation. A link to the online version of the ‘Australian Guide to Legal Citation’ is available from the website: http://www.law.unimelb.edu.au/mulr/aglc, or the DUSA Bookshop.Use of the incorrect referencing style may lead to marks being deducted.
6. Plagiarism: The University regards plagiarism as an extremely serious academic offence. Clause 3 of the ‘Notes’ to the ‘Assessment’ section of the Unit Guide requires students to submit with their assignment a declaration relating to academic honesty. Please do this with the hard copy submission of your assignment. You will not need to do this with the online submission of your assignment in the CloudDeakin Dropbox, as there is a plagiarism declaration that you must complete as part of the online submission process.
7. Style: There are no formal style requirements. There are a number of different approaches that may be taken to writing a memo – but each person you work for may have a particular style preference and should give you some guidance about that. We have no particular preference provided all the key elements are there.
8. Structure: Although there are different ways to approach memo writing, it is important that your memo follows a logical structure and you should aim to keep your writing clear and succinct. Remember to carefully proof read your assignment before submitting it to ensure you correct any errors made in spelling, typing, grammar etc.
9. Format: Please submit in MS word (.doc or .docx) or rich text format (.rtf) document. Our computers do not like Wordperfect and please do not submit in PDF as it will make it more difficult to provide feedback. The following are suggested:
• Font size must beat least size 11
• Line spacing must be at least 1.5
• generous margins
• Name and student ID in the header of the document
• Use headings and sub-headings where appropriate.
• Use footnotes, not endnotes.
10. References:You must include full case references and citations and/or full references to statutory provisions for each legal proposition that you include. Your referencing should comply with the following requirements:
• Where there is a primary source (a case or legislative provision) available for a legal proposition you must use that primary source in preference to a secondary source (book or article).
• Where there is more than one case that is provided in the materials as an authority for a proposition, reference the most appropriate of those cases. For example, if one of the authorities is a decision of the High Court of Australia, you should ensure you reference that decision. High Court decisions are generally signified by ‘HCA’, ‘CLR’ or ‘ALR’ in the citation.
• The names of cases and of Acts should be italicised. Example:
o Skelton v Collins (1966) 115 CLR 94
o Wrongs Act 1958 (Vic)
• The first time you refer to a case or Act you should provide the full name and citation. You can then provide a definition for that case or Act and in subsequent repetitions refer to that abbreviation. Example:
o Skelton v Collins (1966) 115 CLR 94 (‘Skelton’). In Skelton the High Court said …
o Wrongs Act 1958 (Vic) (‘Wrongs Act’), s 28F. Section 28F of the Wrongs Act provides that …
• Where there is more than one citation given for a case, you need provide one only.
Submission and extensions
11. Submission: All assignments must be submitted online via CloudDeakin. Assignments will be counted as ‘on time’ if they are submitted in the Cloud Deakin Dropbox by 11:59pm on the due date. From the ‘Home Page’ click on ‘Assessments’, then ‘Dropbox’, then ‘Written Assignment Dropbox’, and follow the instructions by 11:59pm on the due date. Should you have technical difficulties submitting via CloudDeakin, please contact the ITS helpdesk for assistance. If your difficulties are not resolved in time to enable you to submit by the due date and time, please do not panic - email your assignment to the MLL111 Unit Chair, Jason.Taliadoros@deakin.edu.au by the due date and time and include your ITS helpdesk reference number in the email and your campus or mode of study (eg, ‘off campus’ or ‘Burwood’). You must then also submit your assignment online to CloudDeakin once you are able to. It is a University requirement that all assignments must be posted to CloudDeakin.
12. Burwood and Geelong students must also submit your assignments in hard copy in addition to your Dropbox online submission on the day after the due date. Assignments may not be returned on time if a hard copy is not submitted because the assessor will not know until marks are entered who did or who did not submit a hard copy. The hard copy drop boxes are located as follows:
a) B: Faculty of Business and Law assignment slot in the entrance to building LB, Elgar Road. This facility is open 24 hours a day, 7 days a week. For further inquiries, contact (03) 9244 6555.
b) S: there is an assignment drop box at the Waterfront campus office (ad2.109) and an out-of-hours box. For further inquiries, contact (03) 522 71277.
13. Name your file clearly with your surname, student id and campus of enrolment; eg Smith – 00112233 – Burwood.
14. You must provide a word count at the beginning of the assignment.
15. You should check to make sure that the document is readable (for example that it has the correct suffix.) It is your responsibility to ensure the document is readable. Submission in a format that is not readable will be treated as non-submission. As stated previously, you should submit the document as an MS word (.doc or .docx) or rich text format (.rtf) document. Do not submit the document as an Adobe Acrobat document, as this does not permit staff to make comments on the document. Do not submit the document as an Apple ‘Pages’ document. The only acceptable formats are the MS formats mentioned above.
16. When you submit your assignment in the CloudDeakin Dropbox, you will there is a plagiarism declaration that you must complete as part of the online submission process.But when submitting the hard copy of your assignment, you must attach to it an Assignment Attachment Sheet, which contains the following declaration relating to academic honesty:
"I certify that the attached work is entirely my own (or, where submitted to meet the requirements of an approved group assignment, is the work of the group), except where material quoted or paraphrased is acknowledged in the text. I also declare that it has not been submitted for assessment in any other unit or course."
This AssignmentAttachment Sheet is available on CloudDeakin in the Content area under the tab ‘Assessment’.
17. Extensions: The Faculty of Business & Law’s policy on late submission of assessment isin the ‘Notes’ to the ‘Assessment’ section of the Unit Guide (‘faculty policy’). The School of Law implements the faculty policy in the manner set out below for the purposes of Deakin Graduate Learning Outcome 6 (Self-management: working and learning independently, and taking responsibility for personal actions).
a) Extensions under clause 4 of the faculty policy are not granted lightly, as they will disrupt the marking process and are unfair to most students who have complied with the submission deadline. If you are experiencing serious and exceptional circumstances that are beyond your control (such as medical conditions of a serious nature, family death or breakdown, or hardship/trauma; not travel, computer failure, or work commitments) contact the Unit Chair via email on Jason.Taliadoros@deakin.edu.au with supporting documentation (such as a medical certificate, statutory declaration, etc) at least three working days prior to the due date to negotiate an extension. Requests made after this date will not be considered, unless there are exceptional circumstances. Extensions of up to 10 calendar days from the due date may be granted at the Unit Chair’s discretion. Extensions will not be given beyond this time, unless there are exceptional circumstances.
b) Late Submissions: If you submit an assignment late (no extension granted/none applied for), 10% of your mark will be deducted per calendar day for the first 5 calendar days from the due date (e.g. for a 40 mark assignment, each day an assignment is late will result in a penalty of 4 marks being deducted). After this time the assignment will NOT be marked; it will be held over and MAY, in limited circumstances, be taken into account in marking after the exam under clause 5 of the faculty policy. That is, it can yield no more than a pass mark.
c) Once assignments have been marked and feedback provided, no further assignment can be accepted.
d) Special Consideration applications can be made via the Student Connect portal.
Return of assignments
18. The assignment will be marked, commented upon and returned at your scheduled lectures or lecturer consultation times in hard copy, or via feedback on ClouDeakin, within 15 working days of the due date.
19. You are reminded to read the paragraphs headed ‘Return of marked assignments and requests for reviews’ and ‘Special consideration’ in the ‘Unit Guide’ which is available on the ‘Home Page’ of this unit’s CloudDeakin site.
20. Any queries regarding this assignment should be posted on the ‘Discussion’ site of CloudDeakin as follows:
a) ‘Assessment Discussion’, then under the sub-heading ‘Assignment Discussion’. Please ask here all administrative questions relating to the assignment for the Unit Chair here. Any questions relating to the substance of contract law should be directed to your lecturer.
b) ‘Assessment Discussion Forum’. This will be a forum for students to discuss issues, and will be monitored from time to time by the unit team, but is designed to encourage students to engage with each other.
c) ‘Campus discussions - substantive questions’. Here you can ask your lecturer questions relating to the substance of the unit, although they will not answer matters directly relating to the Written Assignment but merely provide guidance.