ASSIGNMENT QUESTION
Ben, Luke and Yoda are first year law students at Deakin University. They see each other in class, but generally do not socialise outside of class. One day, between classes, they noticed that an inflatable soccer pitch had been erected on campus and wasn't being utilised. Yoda suggested they have a quick game. He announced that he was a ‘master' at the game and that he would play two against one. To ‘make it interesting', he announced that if either Ben or Luke managed to get past him and score a goal he would give them $500.
Ben and Luke consulted each other. Ben was still recovering from a knee injury so decided to sit it out and act as umpire; Luke replied, in good humour:
‘I'll take pleasure in wiping that arrogant smirk of your face, but since I'll be playing alone I want $500 per goal'.
Luke thought this would be easy money. He was very fit and had some experience playing soccer; conversely, despite his bluster, Yoda was very short and stocky and looked anything but athletic.
Yoda, although confident that Luke had no chance against him, was conscious of not wanting to risk too much money and replied:
‘OK. But the game is limited to 10 minutes and, in return, you have to promise to shout me a Skinny Latte for every goal I get past you. Ben can be timekeeper and umpire and let's agree that his word is final'.
Despite thinking this was one of the most ridiculous bets he'd ever made, Luke decided that, as the risks were slim and the potential rewards great, he'd accept the challenge. He replied:
‘You're on Yoda; prepare to be humiliated!'
Ben, observing out loud that he thought they were ‘both crazy', set the timer and started the game. Luke was astonished at how skilled Yoda really was. Within the first half of play Yoda had scored two goals and Luke had not come close. In the second half Yoda managed a further two goals, but just before the ten minutes was up Luke, benefitting from a gust of wind causing the ball to bounce of the inflatable walls in an unnatural direction, took advantage of Yoda's momentary disorientation to sneak a goal through his defences.
After finishing the game and cooling down, Luke approached Yoda and asked him to pay up. Yoda replied:
‘You can't be serious. We were just having fun. In any case, that goal was pure luck - you can't seriously expect me to pay you $500 for that?'
Ben interjected that in his experience there was ‘no such thing as luck' and that Yoda ought to be a good sport and pay up.
Luke, deciding that Yoda might just need to have some time to regroup and come to grips with having given up a goal, replied that he'd give him a week to put together the money and, in the meantime, he'd buy him a skinny latte before the next four classes. Yoda nodded and they all headed off to their next class.
Over the next four days Yoda and Luke visited the university café together before each class, Luke purchasing a skinny latte for Yoda on each occasion. At the end of the week Luke asked Yoda to pay up the $500. Yoda replied that he was sorry but he didn't have the money. He said that he never thought Luke would get a goal and certainly never intended to pay him $500 if he did; nor did he intend to hold Luke to his promise to buy the latte's. Luke was unimpressed and told Yoda that this was not the end of the matter.
During that same week, on the assumption that he would be receiving $500 from Yoda, Luke went shopping online for a new computer. He found a good re-furbished model advertised by Solo Enterprises Pty Ltd, a Melbourne based company specialising in second hand electronics. The advertised price was $400, plus postage (or free pickup), but this was labelled as ‘negotiable'. The site contained a phone number and email address for its managing director, Han. Luke called the number hoping to negotiate the price. The call went through to message bank and Luke left a message indicating his interest in the computer and stating he would like to negotiate the price because he was a poor student. Luke then sent an email to the same effect to Han at the address listed on the website.
Unbeknownst to the Luke, Han was holidaying in Wellington, New Zealand. Han retrieved the phone message and then saw Luke's email; he replied by email as follows:
‘Dear Luke
Thank you for your email. We don't get many of those beauty's through for refurbishing, so $400 is a good deal. Because you're a student I'll sell it to you for $350 plus standard postage (or free pickup) - but that's as low as I can go! Let me know by Friday or the price will have to go back up to $400.
Cheers, Han.'
Han sent this email from the computer in his hotel lobby in Wellington on Wednesday. Luke, who had set his phone up for constant email alerts, received the message almost immediately. He recognised that $350 was a great deal for this model computer and immediately (on Wednesday) replied by email as follows:
‘Han
Thanks mate - appreciate the offer. I'll take it. Luke'
Han had disconnected from the internet after sending the email and did not see Luke's reply. He flew back to Melbourne on Wednesday evening and on Thursday morning received a call from Leia inquiring about the computer. She indicated she was happy to pay the advertised $400 if the computer was still available. Han told her that it was still available and agreed to sell it to her for $400.
Later that day Han checked his inbox and saw Luke's email. He responded as follows: ‘Luke
Sorry mate, was in transit and just saw your email - unfortunately we had a buyer offering full price for the computer this morning and we've sold it to her. Happy to discuss other computers we have for sale that might suit your needs and budget, but unfortunately this one's a no-go. Cheers Han'.
Luke is now very upset. He has approached the law firm you work for, ‘Calrissian Contract Lawyers' for advice. He has explained everything that has happened, as set out above, and added that Yoda has continued to refuse to pay him $500 and that Han, when challenged about the sale, simply responded that its ‘not his fault' that he didn't get the email before he made the sale to another customer and that was just bad luck for Luke.
The Partner you work, Ms Lando, has asked you to prepare a ‘memo of advice' for her setting out what, if any, rights Luke may have against either Yoda or Solo Enterprises Pty Ltd, providing full reasons for your advice.
You may assume that all the facts provided are capable of being proven in court.
Note: you need not consider any issues beyond ‘formation' of the contract. Thus, for example, if you conclude that there is a contract enforceable at law, you need not consider what possible remedies might be available to Luke. You may also assume all conduct that has omight impact on ‘betting' arrangements.
This assignment involves responding to a ‘legal problem' (as opposed to producing a research essays). The question has been designed to allow you to answer it with minimum (if any) research beyond the unit materials. No specific marks are allocated for research.
Importantly, the assignment has been designed to assist you to develop the essential analytical and problem solving skills required of lawyers and, more immediately, that will be important for your law exams.
Australian student, 2000 words, the questions for australia concern different laws from different states in aus. for instance, it will be based on Victoria State.
This assignment involves responding to a ‘legal problem' (as opposed to producing a research essays). The question has been designed to allow you to answer it with minimum (if any) research beyond the unit materials. No specific marks are allocated for research.
Importantly, the assignment has been designed to assist you to develop the essential analytical and problem solving skills required of lawyers and, more immediately, that will be important for your law exams.