Question

Brian was aware that Charlie was set to expand his mechanical engineering firm situated in Dartford, a suburb in the south eastern fringe of Perth. He decided to write to Charlie and offer his imported German honing machine for $23500. He specified that he must have Charlie’s reply by ‘return mail’ if he wants the machine. The letter was received and read by Charlie two days later. Charlie wastes no time as he is very keen to buy the machine and immediately posts his acceptance. Normally the letter would have arrived within a day or two but because of problems in delivery by Australia Post due to industrial strike action, the letter did not reach Brian until over 10 days later. In the meantime, however, Brian offers the machine to another engineering firm in the area owned by Bill for $24000 and does not wish to sell to Charlie at all. Brian feels that Bill will pay more and had not even heard from Charlie which was a surprise as Charlie did indeed appear to be a potential buyer.

Step 1: Identification of Issues (0 Marks)

Step 2: Discussion of Law (8 Marks)

Outline of law (5)

Identify and discuss key cases (3)

(Demonstrate and apply discipline knowledge and skills – identify and explain the appropriate legal theory and cases)

Step 3: Application of Law (4 Marks)

Applies the law (3)

With logical analysis (1)

Step 4: Drawslogical conclusions (1 Mark)

(Think critically about the issues or problems, apply the legal theory and cases discussed and draw defensible conclusions)

Answer 1

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