Business Law - Due June 20th 2017
SHORT ANSWER ASSIGNMENT 1
a) Samirah and Raniah are sisters and partners in a business that imports and sells fresh flowers. They have been in business for nearly four years and because of the growth of the business, the partnership needs a new salesperson.
On Friday 17 August 2016, Samirah and Raniah interviewed Aadam for the position, and at the end of the interview, they offered the position to him. Aadam thereafter asked, "If he can have the weekend to think about it". Samirah subsequently told him, that the offer will remain open until Monday 20 August 2016.
After Aadam completed his interview and left the office, Samirah and Raniah discussed the process further, and consequently changed their minds. Samirah a few hours later called Aadam and told him that the offer of employment has been withdrawn.
Aadam immediately advised Samirah that he has already written an email to the Company accepting the position, and that he was just about to send it. Samirah quickly told Aadam that unfortunately it is too late, and discontinued the telephone conversation. Samirah then told Raniah that she will advertise the position again next week and hopefully will find someone to fill the position.
Was a contract formed with Aadam on 17 August? Focus upon whether or not an agreement was reached.
b) Jessie purchased goods from an online business, Ship Online Ltd, on three separate occasions in the last two years. On each occasion, a document titled "Ship Online's Terms and Conditions" is included inside the package containing the goods when they are delivered.
It sets out what Ship Online Ltd says are the terms of the contract between the customer and Ship Online Ltd. On 13 September 2016, Jessie order and pays for a Blender through Ship Online's website.
After placing the order, Jessie sends an email to the manager of Ship Online Ltd, asking whether she can return the blender, if she does not like its appearance. She receives an email response promptly from the manager stating: "yes you can".
Several days later, Jessie receives the blender and she does not like its appearance. She emailed the manager to arrange the return of the blender.
The manager responded, that Ship Online Ltd will not give a refund in the current circumstances and refers Jessie to Clause 5 in the "Ship Online' s Terms and Conditions" that can be found through a link in the footer on their website. The Manager also indicated that Ship Online's terms and conditions have not changed for 3 years, and that a copy is sent out with each order.
Clause 5 states: Ship Online will not provide a refund, where the customer simply does not like the appearance of the product.
a) Was there consideration from Jessie, to support the manager's statement that Jessie could return the blender, if she did not like its appearance?
b) Is Clause 5 a term of the contract between Jessie and Shop Online Ltd? - Research Browse wraps Contract to answer (b)
Short answer assignment - 10 marks
This will take the form of at least three paragraph electronic submission of no more than 30 lines on an Assignment topic to be submitted to your e tutor for grading.
Tips on answering short answer assignment questions in Business Law:
1- WHAT IS THE ISSUE?
Name the case
That is what issue/ breach in law that the question is seeking to solve or deal with. Let say it deal with a valid offer?
"The issue in this case is whether there is valid offer made by John to Jane".
The second thing the student must then go on to address is:
2 -WHAT IS THE LAW ON THE ISSUE? : Students are expected to deal with the principle of law on the issue identified in one above. In this regard, you are required to use of an example and/or case law and/or statute to support your issue.
3- APPLICATION OF THE LAW TO THE ISSUE - For example an offer must be communicated and if John did not, then there is no binding offer consistent with the law quoted
The final thing, which is expected of the student, is:
4- THE CONCLUSION: Since John did not make a binding offer there is no agreement and as such, John cannot enforce the contract.