Pat and Dan Case Study - Ben Posts a Letter to Arthur Stating: My Price is Cash on Delivery - Law Assignment Help

Assignment Task:

PRACTICE QUESTION 1: this is a problem-type question and it requires IRAC format – an issue, rule, application and a conclusion. The response should have legal explanation, rather than a mere layperson view. A good standard of English expression is expected. On 1st February, Arthur advertises his computer for sale in the local paper, giving information on the computer and contact details. Ben reads the advertisement, and on 2nd February, posts an offer to buy the computer for $2000. This letter reaches Arthur on the 4th of February. On the 5th of February, Arthur sends a letter to Ben stating: “Please advise if payment is by cash or cheque”. In response the next day, Ben posts a letter to Arthur stating: “My price is cash on delivery.” This letter reaches Arthur on 8th February. On the 10th of February at 2 pm, Arthur sends a letter to Ben stating: “I agree to your offer to buy my computer as specified for $2000 cash on delivery.” This letter reaches Ben at 3 pm on the 11th of February. However, on the 9th of February, there is a change of plans by Ben. As a result, Ben sends a letter to Arthur at 1 pm on the 9th of February seeking to cancel the earlier offer and stating that he was now only willing to purchase the computer for $1800 cash on delivery. This letter is received by Arthur at 4pm on the 10th February. Is there a valid simple contract between Ben and Arthur for the computer? Justify your response citing case authority whenever relevant. When answering this question, fully consider the relevant Common Law principles, rules and propositions in the Law of Contract. Do not consider any matters that might arise in the circumstances under other relevant legislation.

PRACTICE QUESTION 2: this is a problem-type question and it requires IRAC format – an issue, rule, application and a conclusion. The response should have legal explanation, rather than a mere layperson view. A good standard of English expression is expected. Pat and Dan are partners in a firm called Copy that, that leases photocopiers to commercial businesses. Their partnership agreement states they are prohibited from selling toner to clients other than by arrangement with Maddy’s business, which sells toner. Samantha, an important client of Copy that, asks Pat to supply toner, which Pat provides from a private supplier without informing Dan or Maddy. The toner is of poor quality and Samantha sues Copy that for damages, arguing that it was in the scope of their business to supply toner. Dan argues that as a partner he is not jointly liable since Pat acted contrary to their agreement. Advise Samantha. Give reasons and justify your response considering relevant common law principles and citing case authority whenever relevant. Do not consider any matters that might arise in the circumstances under any legislation other than the Partnership Act.

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