Contracts Written Assessment Background Facts and Question

Background and Context

The following events take place in a fictional locale called ‘Unity’ in the State of New South Wales. In this scenario, a party – Miriam – posts a potentially defamatory statement about another party – Prokhor – to a public forum on a social media site called ‘Spacebook’. Prokhor threatens to sue Miriam for defamation. Correspondence ensues between the parties and their lawyers. The issue is whether the parties enter a binding agreement permanently settling the dispute. The facts that you will work with consist of ‘actual’ evidence of discussions and other actions, rather than just a narration of facts. This was done to attempt to emulate working with such evidence IRL.1 You will have to piece together what happened by reading through the materials and make your arguments by referring to the ‘evidence’. GenAI was used to produce the images of the Spacebook posts, the phone message from Prokhor and the bank account statement.The names of the characters come from an old computer game released in 1999 called ‘Sid Meier’s Alpha Centauri.’ This has no significance other than it explains the odd character names and matters mentioned in the correspondence. I tried to preserve the feeling of the game and characters in the correspondence but – given that most of you were not alive when the game was released – that will likely mean little to you.
This document should be read with the following documents on Canvas:
1. Written Assessment Instructions, and
2. The attachments mentioned in the following correspondence.

Question

Assume that the date is the afternoon of Monday 25 August and Miriam has provided you with the above information.

Miriam asserts that the parties entered a binding agreement in which Prokhor
released/settled his claim in defamation on 12 August.

Advise Miriam on whether her assertion is correct, or whether the parties entered into such a contract on a different date or not at all.

For the purposes of answering this question, you can assume that:
• The actions and statements of Corazón bind / are the actions and statements
of Prokhor.
• The actions and statements of Sheng-Ji bind / are the actions and statements
of Miriam.

Assessment Overview – Key Requirements

The assessment focuses on a fictional defamation dispute between Miriam and Prokhor in Unity, NSW. Students are expected to:

1. Analyze the provided evidence, including:

   • Social media posts (Spacebook)

   • Phone messages

   • Bank statements

   • Correspondence between parties and lawyers

2. Determine the existence of a binding settlement agreement.

3. Identify the exact date of the agreement, if applicable.

4. Use evidence-based reasoning rather than mere narrative.

5. Consider proxy actions/statements (Corazón for Prokhor, Sheng-Ji for Miriam).

Key points to address:

• Evidence showing intent to settle

• Evaluation of mutual agreement and consideration

• Assessment of the legally binding nature of the settlement

• Evidence-supported conclusion regarding the agreement date

Stepwise Guidance Provided by Academic Mentor

Step 1: Evidence Review and Organization

The mentor instructed the student to:

• Thoroughly examine all correspondence, posts, and financial statements.

• Identify elements indicating offer, acceptance, or settlement intent.

• Differentiate between factual evidence and commentary.

Goal: Ensure analysis is grounded in verifiable evidence, simulating real-life scenarios.

Step 2: Understanding Relevant Legal Principles

The student explored key contract principles:

• Offer and acceptance

• Consideration

• Intention to create legal relations

• Binding effect of proxies

Goal: Establish a framework for determining if the agreement is enforceable.

Step 3: Timeline Mapping of Events

• The mentor helped the student map a chronological sequence of communications and actions.

• Each event was assessed for:

  • Willingness to settle

  • Confirmation of terms

  • Execution of settlement actions (e.g., payments, withdrawal of threats)

Goal: Pinpoint the exact date, if any, when the binding agreement occurred.

Step 4: Evidence Interpretation and Analysis

• Students were guided to directly reference evidence to support conclusions.

• Cross-referencing messages, posts, and transactions helped confirm mutual assent.

Goal: Build arguments rooted in objective data and strengthen credibility.

Step 5: Conclusion and Professional Advice

• Based on evidence, the student was asked to:

  • Advise Miriam on whether a binding agreement exists

  • Specify the date of formation, if applicable

  • Provide reasoned justification referencing evidence

Goal: Develop clear, actionable advice with professional legal communication.

Assessment Outcome and Learning Achievements

Outcome:

• The student delivered a structured assessment confirming the existence and date of the settlement, based on evidence.

• Demonstrated clear linkage between communications and contract formation.

Learning Objectives Covered:

1. Critical evaluation of legal evidence

2. Application of contract law principles

3. Effective and professional legal communication

4. Problem-solving through evidence-based reasoning

5. Understanding the role of proxies in legal analysis

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