Highlights
TASK:
INSTRUCTIONS
In Contracts, there is only ONE ASSIGNMENT. This assignment is compulsory and must be submitted by all students. The assignment will constitute 20% of the final mark in this subject.
Assignments must be submitted by the due date unless an extension has been granted. Extensions need to be requested by email prior to the assignment due date and specific supporting evidence provided. Late assignments attract a penalty of one mark out of 20, or 5% of the total marks available, per day. A pass mark is 50%. Assignments that are received more than ten days after the published due date will not be accepted. Please note that students granted an extension must still submit their assignment within ten days of the original assignment due date.
Assignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined in the Guide to the Presentation and Submission of Assignments.
This guide also contains the rules and guidelines regarding the presentation of assignments and instructions on how to submit an assignment and is available from the Guides and Policies section of Canvas. Please read this guide carefully before completing and submitting this assignment.
SPECIAL INSTRUCTIONS: The maximum word limit for the assignment is 2000 words (inclusive of all footnotes but not bibliography). The word limit is to be strictly adhered to, and all assignments will penalised at a rate of 10% of the full marks of the assignment’s value for every 100 words (or part thereof) that the assignment exceeds the limit. All assignments should set out at the foot of each page the number of words that are on that page, and a total number of words is to be provided at the beginning or end of the assignment.
Completed assignments should be lodged through Canvas and received by 11:59pm (Australian Eastern Standard Time) on Wednesday 16 June 2021.
Please download the Assignment Coversheet. The coversheet will be the first page of your assignment. Save it with the name you intend to use for the assignment and begin your answer on the second page. Make sure you complete the Assignment Coversheet by entering in your Full Name and Address Details.
Compulsory Assignment Question
Clara Bungle is a media personality and model. Recently, she decided to try and use her media profile to move to the next stage of her career. To that end she decided to go into the complementary medicine industry and create a range of “Ooze” vitamins and “healing balms”. To achieve this, she would need to engage a manufacturer to produce the products and a laboratory that could create the formulas for her unique range. She would also need to convince retailers to agree to stock her products in their stores.
She commenced discussions with L‘huil de Serpent Pty Ltd (LdS) a company specialising in the bulk manufacture of vitamins and lotions. She made it clear that she needed the manufacture of the products to proceed quickly as she wanted them in the shops for Christmas 2020. The negotiations resulted in Clara and LdS both signing the following document on 1 August 2020:
Letter of Intent
1. Having completed negotiations, Clara Bungle and L‘huil de Serpent Pty Ltd agree to sign a formal Contract to reflect the following matters.
2. Pursuant to this letter L‘huil de Serpent Pty Ltd will manufacture a range of vitamins and lotions for sale to Clara with a view to Clara on-selling the products to retailers.
3. The products will be manufactured according to formulas to be supplied by Roach Laboratories Pty Ltd. L‘huil de Serpent Pty Ltd agrees to contract with Roach Laboratories Pty Ltd for the development and supply of these formulas.
4. The price for the manufacture of the products will be determined by L‘huil de Serpent Pty Ltd.
5. Clara in her absolute discretion has final approval of all products and agrees to execute a formal manufacturing contract giving effect to these terms.
6. This agreement is for a ‘first run’ which will involve manufacturing 100,000 units reflecting the range of formulas provided by Roach Laboratories Pty Ltd to L‘huil de Serpent Pty Ltd, but actual numbers of any particular product in the range is at the discretion of L‘huil de Serpent Pty Ltd. The parties agree to negotiate a further agreement for a second run.
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