Assessment Help Needed (legal stuff)

[Aussie D]

Hi guys I need help with an assessment task to do with advice I would give to a client regarding the following:

Howard sees an advertisement inviting tenders for an island on the Great barrier Reef. The advertisment states, in part, that tenders must be in writing. Howard believes this would be an ideal location to build a nuclear waste dump. Believing he has found a site, he telephones in an offer. He is upset when the island is sold to the French Government to use as a scuba diving school, for much less than he offered. Howard decides to sue for breach of contract.

a) Explain to Howard why he will or will not succeed.

b) Would your advice be different if he had received a letter of offer in the same terms as the advertisement (except for the inclusion of the price)?

 

[Aussie D]

At the moment I am thinking of just saying it is World Heritage Listed you dolt but I need to pad this out to one page. He hasn't expressed interest as per the terms of the advertisment either.

Anyone have any ideas?

 

[RugbyReg]

isn't a contract an offer and acceptance? He made an offer, was it ever accepted? Doesn't sound like it, thus there was never a contract to breach.

 

[Scarfman]

I know nothing about this except that I set exams. To me it seems that the question is all about written vs oral contracts. Get to it.

 

[RugbyReg]

contracts can be written or oral. That doesn't matter.

To be a contract you need the following:

1) An Offer
2) An acceptance
3) Consideration.

It would seem the above situation lacks the final 2, so no contract.

 

[Moses]

How does Howard have the time to lobby for nuclear waste disposal sites with his commitments to the ICC?

contracts can be written or oral. That doesn't matter.

To be a contract you need the following:

1) An Offer
2) An acceptance
3) Consideration.

It would seem the above situation lacks the final 2, so no contract.

Considering he telephoned an offer yet the advert stated they must be written, does he even have 1) ?

 

[RugbyReg]

yeah, and that's why I didn't pursue my legal career.

 

[Scarfman]

Of course my client has a contract. It's an infringement on our constitutional rights. It's outrageous, egregious, preposterous.

 

[DPK]

Get me an appointment with Dr Bison. Tell him its for me

 

[Thomond78]

I have a persistent cold. Anyone got a smoke ball...?

 

[the gambler]

If only all law degrees were that simple.

 

[Aussie D]

It is not a law degree I am actually doing Financial Services and we need to be aware of the laws that apply to the sector. This is the one subject I struggle in as all the others are putting numbers in the right places which I find really easy.

 

[James Buchanan]

I have a persistent cold. Anyone got a smoke ball...?

Hillarious and relevant

Re: the topic, either can be argued that there was no acceptance of his offer and thus no contract, or if it could be argued that the contract was formed unilaterally, the lack of compliance with the acceptance method means that there is no contract.

Most likely though it would be construed as an invitation to tender. I forget the specific cases relevant to that, I think its to do with an airline in northern WA and I'll check up on it. However, he could attempt to argue that they didn't stick to their specified tendering process however given that he did not stick to them himself he doesn't really have much of an argument there./