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The approach taken by the court in relation to the ‘rules of acceptance’ is lacking in certainty and consistency. Discuss whether you agree or disagree with this statement. Use case law to support your argument

Assignment Brief
As part of the formal assessment for the programme you are required to submit a Law of Contract assignment. Please refer to your Student Handbook for full details of the programme assessment scheme and general information on preparing and submitting assignments.

Learning Outcomes:

After completing the module you should be able to:

1. Define and explain the main principles of contract law.
2. Demonstrate an awareness of the effectiveness of the principles of the law of contract in modern society.
3. Select and apply principles of the law of contract to problem scenarios and reach logical and well-reasoned solutions.
4. Communicate knowledge and understanding in written form using appropriate legal terminology.

Your assignment should include: a title page containing your student number, the module name, the submission deadline and a word count; the appendices if relevant; and a reference list in OSCOLA format. You should address all the elements of the assignment task listed below. Please note that tutors will use the assessment criteria set out below in assessing your work.

Maximum word count: 3000 words

Please note that exceeding the word count by over 10% will result in a reduction in
grade by the same percentage that the word count is exceeded.
You must not include your name in your submission because Arden University operates anonymous marking, which means that markers should not be aware of the identity of the student. However, please do not forget to include your STU number.
Warning:

QLD Regulations require that unfair practice findings are referred to the SRA (Solicitors Regulation Authority) and BSB (Bar Standards Board) and can prevent admission as a barrister or a solicitor. Take your referencing seriously. Do not risk you career.
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Assignment Task
This assignment consists of TWO questions. You MUST answer both questions.

Question 1
The approach taken by the court in relation to the ‘rules of acceptance’ is lacking in certainty and consistency.
Discuss whether you agree or disagree with this statement. Use case law to support your argument.
(50 marks) (1,500 words) (LO: 1,2,4)

Question 2

Elizabeth is very interested in interior design and has for the last three years visited the annual “Showcase Fashion Show” (SFS).

Tickets are purchased via the SFS website which contains the terms and conditions of purchase. Purchasers are asked to agree to the terms and conditions by selecting the ‘agree’ button before being able to progress to the purchase page. The terms and conditions are very lengthy, so Elizabeth selects the agree button without reading.

After looking at the exhibition for a few hours, Elizabeth decides to purchase a soft drink from the cafeteria and have a rest.

Elizabeth purchases her soft drink and as she sits down on a chair it collapses, due to the nuts and bolts holding the chair together being loose and not tightened sufficiently, when they were constructed by SFS’s operatives. The collapsing chair causes Elizabeth to crash to the ground.

As a result of the fall, Elizabeth fractures her wrist and smashes her new mobile phone.

Elizabeth is taken to the local hospital where her wrist is put in plaster. She is unable to go to work for 10 weeks.

Elizabeth contacted SFS to complain about the incident and to advise them that she will be starting legal proceedings against them.

SFS refer her to the following term which was on their website:

“Showcase Fashion Show accepts no liability for death, injury, loss or damage, howsoever caused.”

Advise Elizabeth of any contractual claim she may have. Illustrate your answer with reference to case law and statute.

(50 marks) (1,500 words) (LO: 1-4)

Question 2

Elizabeth is very interested in interior design and has for the last three years visited the annual “Showcase Fashion Show” (SFS).

Tickets are purchased via the SFS website which contains the terms and conditions of purchase. Purchasers are asked to agree to the terms and conditions by selecting the ‘agree’ button before being able to progress to the purchase page. The terms and conditions are very lengthy, so Elizabeth selects the agree button without reading.

After looking at the exhibition for a few hours, Elizabeth decides to purchase a soft drink from the cafeteria and have a rest.

Elizabeth purchases her soft drink and as she sits down on a chair it collapses, due to the nuts and bolts holding the chair together being loose and not tightened sufficiently, when they were constructed by SFS’s operatives. The collapsing chair causes Elizabeth to crash to the ground.

As a result of the fall, Elizabeth fractures her wrist and smashes her new mobile phone.

Elizabeth is taken to the local hospital where her wrist is put in plaster. She is unable to go to work for 10 weeks.

Elizabeth contacted SFS to complain about the incident and to advise them that she will be starting legal proceedings against them.

SFS refer her to the following term which was on their website:

“Showcase Fashion Show accepts no liability for death, injury, loss or damage, howsoever caused.

Advise Elizabeth of any contractual claim she may have. Illustrate your answer with reference to case law and statute.

(50 marks) (1,500 words) (LO: 1-4)


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