Highlights
Description: Each week students were provided with three tutorial questions of varying degrees of difficulty. The tutorial questions are available in the Tutorial Folder, for each week, on Blackboard. The Interactive Tutorials are designed to assist students with the process, skills and knowledge to answer the provided tutorial questions. Your task is to answer a selection of tutorial questions from weeks 1 to 5 inclusive and week 11 and submit these answers in a single document.
Instructions:
• Answer the following questions, citing relevant legal authorities (law and cases) in support of your answer. Answers not supported by any legal authorities will not receive any credit.
• Legal problem-solving questions (Questions 2, 3, and 5) must be answered using the IRAC (Issue, Rule, Application and Conclusion) method taught in class.
• Reference sources must be cited in the text of the report (either in-text or footnotes AND listed appropriately at the end of the assignment in a Reference List following the AGLC (Australian Guide to Legal Citation) style.
• Plagiarism is borrowing the ideas or reproducing the work of someone else without acknowledging or referencing the original source. Please read the attached Academic Integrity Policy for further guidance.
• All work must be submitted on Blackboard by the due date along with a completed Assignment Cover Page.
• Word counts for each answer are indicated after the question. Word count limits are strictly enforced. Anything over the word count will not be read by your lecturer.
The questions to be answered are:
Question 1
Are ‘law’ and ‘justice’ one and the same thing? Discuss. (300 words maximum)
Question 2
While jogging around his suburb one morning, Pedro sees a speedboat parked outside a house. There is a sign posted on the boat’s windshield saying:
“For sale $9,000, Text Andres on 0409876543. Direct buyers only!”
A boat lover, Pedro calls the number advertised and leaves a voice message saying that he’s happy to buy the boat for $7,000. He also leaves his return number.
Andres is busy all day, and only hears Pedro’s message the next morning. He calls Pedro back; he also leaves a voice message saying that Pedro’s price is too low, but he can get the boat for $8,000. That same day, however, another buyer sees the boat and makes a $9,000 cash offer to Andres on the spot. Andres takes the money, signs over the boat’s registration papers, and the buyer tows the boat away.
Pedro passes by Andres’ house and sees that boat is gone. Panicking, he listens to his voice messages and hears Andres’ message for the first time. He calls Andres right away and told him in no uncertain words that he accepts his offer. Pedro now thinks he has accepted Andres’ offer so they now have a contract.
When Pedro finds out that the boat has been sold to someone else, he gets very angry. He argues that he had already accepted Andres’ verbal offer, so he had no right to sell the boat to the other buyer.
Does Pedro have a valid contract with Andres and he entitled to the boat? Explain with reference to all the elements of a valid contract.
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