Tlaw 607 - Nandini Electro Assessment Answer
Asignment Task
QUESTION 1 [30 marks]
On 1 August, Nandini, who owns an electrical appliance store, Nandini Electro Pty Ltd, places an advertisement in the newspaper which states:
“Huge Electronics Sale. All Computers 50% off.”
Visit our web site and see the large range of goods we carry.”
On 2 August, Angelo reads the advertisement and visits the web site. He sees a picture of a Apple Model Number 5 Computer and clicks on the picture. Angelo is linked to a page which has all the details on this computer. At the bottom of the page are words “Contact Us” and the store’s email address.
That afternoon Angelo sends the following email to the store:
“What is the price of the Apple Model Number 5 computer? How many models of this computer do you have in stock?
Within 1 hour, Nandini replies to Angelo by email, saying:
“We have five Apple Model Number 5 computers in stock. Our retail price is $2,000 and the sale is price is $1,000.”
Angelo telephones several other computer stores to check their prices and discovers Nandini’s price is very cheap. Angelo decides to buy this computer from Nandini Electro Pty Ltd.
On 3 August Angelo telephones Nandini’s store and asks if this model computer is still on sale.
Nandini, who answers the phone, replies: “Yes, I can see one on the shelf right now, it is sale priced at $1,000.”
Angelo says: “Great, I will buy it. My name is Angelo and I will come and pick it up immediately.”
Nandini replies: “See you soon, Angelo.”
Angelo takes a taxi to Nandini’s store. When Angelo walks into the store, Angelo sees one the advertised computer he wants on the display shelf with price tag saying “Sale Price $1,000.”
Angelo says to Nandini: “I just telephoned you about buying this computer for $1,000. I am here to pay for it and take it home.
Nandini replies: “I’m sorry, I have changed my mind. This is the last Apple Model Number 5 computer I have in stock and I have decided to give it to my brother, Raju, as a wedding present for his wedding tomorrow.”
(a) Advise Angelo what legal rights he has under the common law of contract in respect of the computer that he wished to purchase. Your answer must include relevant legal principles and relevant case law to support your answer. [20 Marks]; and (b) Assume the computer is still available for sale but Nandini says to Angelo she has changed her mind about the price and that it is now for sale for $1, 800. Analyse whether Nandini has acted in breach of a relevant statute law studied in this course. Your answer must identify the relevant statute and section(s) together with a discussion on its relevance to the given facts. [10 Marks]
End of Question.
IMPORTANT - Submission Procedure:
1. Assignment Cover Sheet must be submitted with student name and signature and with word count 2. Plus Copy of assignment to be lodged at turnitin at Moodle
Maximum number of submissions: 2 but with first submission at least 24 hours before due date and time 3. Late submission will attract penalty (mark deduction of 5 % for each day late)
Most Important: Plagiarism, which includes contract cheating, is a serious academic offence and can result in failure of this course. Students are expected to submit answers based on individual effort (this is not a group project).
4. No other method of submission is allowed. NOTE: Email attachments sent to lecturer OR papers sent by post will NOT be accepted.
Requirements for a pass/good mark:
1. A legal analysis of the question with reference to relevant legal principles (case law). 2. Students are expected, as a minimum requirement, to reference the relevant chapters in the prescribed textbook and to draw supporting information from there in support of the answer. 3. You are generally advised not to use the internet for resource materials, especially if you are unfamiliar with the topic (as it may be unnecessary and you run the real risk of drawing on irrelevant information or legal information from other countries that are irrelevant to Australian law). Your prescribed textbook, and the references therein, is more than adequate to answer the question.
4. With those cautionary remarks in mind, only use internet sources that are relevant, accurate and reliable – remember, Wikipedia is not a reliable/credible source of academic information and is not to be trusted. 5. Students are expected to footnote references to case law 1 and to provide a bibliography of books 2 and journal articles 3 consulted. DO NOT USE HAVARD SYSTEM (in text) referencing. 6. Marks will be deducted if the answer does not meet the minimum word count – a word
count must be indicated on the cover sheet.
7. Use of margin of 1.5 and font of 12 (Times New Roman] – with answers on single
side of each page. 8. A good answer will do the following (adopt the following structure) with respect to the
problem-type question: (a) Identify the material (relevant) facts – and NOT simply repeat the question; (b) Identify the legal issue (or issues); (c) Identify the relevant case law; (d) Apply the legal principles and case law to the given facts; (e) Offer reasons for your conclusion (must be supported by legal authority) - a simple
Yes or No answer with personal views is inadequate); (f) Be proof-read to eliminate spelling and grammatical errors; (g) Be referenced, with a bibliography; (h) Meet the minimum word length requirement; (i) Not simply copy/reproduce the textbook (answer must show own understanding);
and (j) No plagiarism.
(k) Late submission – it is TOP policy that assignments cannot be submitted late without prior approval of the unit coordinator and only in extenuating circumstances supported by evidence. Assignments submitted late without prior approval will not be graded.
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