LAW172 2024 - Law Question Assignment 1

Assignment Task

The Scenario

Kattie Peters is a primary schoolteacher who lives and works in Mullumbimby, Northern NSW. In her spare time, she loves making polymer clay jewellery and recently started a side business selling her bright, funky earrings and necklaces at local markets. Her creations also attract attention online, via her “hellokattie” Instagram account, which has a large following, including many other schoolteachers. While Kattie doesn’t have a website, her Instagram followers sometimes send her direct messages (DMs) to order her products and then pay by bank transfer, following Kattie’s instructions. Kattie then sends out the orders in the mail.

On Monday July 1, Kattie made a very cool new pair of earrings in the shape of a flame. She shared a picture of them on her Instagram with the following caption:

• these new flame earrings are inspired by my passion for public education. they are a one-off item and i’d love to see one of my fellow public schoolteachers rocking them. These beauties are $40. DM to purchase! #PublicSchool4Life #TeacherFashion #Handmade

Later that day, Heidi, a schoolteacher and regular customer, saw Kattie’s post and fell in love with the flame earrings. She sent this DM to Kattie:

• Hey Kattie, those flame earrings are STUNNING - I must have them. I can transfer the $40 to the same bank account as last time, and you can mail them to my home address, yeah? xx

Kattie saw the message on Wednesday morning before school and replied:

• Hey hun, so glad you like them. How have you been? Are you still teaching at Orara Public?

On Saturday, Kattie ran a stall at Mullumbimby’s Winter Handmade Market. Meg, who runs a beeswax candle stall, dropped by to say hello. She saw the flame earrings on display with a price tag, picked them up and said “I’ll take these ones please!” and handed Kattie $40 in cash. Kattie took a photo of Meg wearing the earrings for her Instagram stories with the caption “another happy customer ”.

Heidi had a very busy week at school and didn’t check her Instagram again until Sunday. When she opened it up, the first thing she saw was Kattie’s photo of Meg wearing the flame earrings. Heidi was devastated and DMed Kattie to tell her how unfair it was that she sold *her* flame earrings to someone else when she had already ordered them and how they were supposed to be sold to a public schoolteacher and not a candlemaker.

The Question

Provide a legal analysis of whether a legally valid agreement exists between any of the parties in the above scenario.

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