discuss the relationship between agency and contract law
The purpose of the assignment is for you to undertake independent research into a particular aspect of law, to reflect on and consider particular legal issues and to apply your legal skills. It is important for you to think through how to structure and present arguments, and to discuss what the law is or should be in a particular area. This assessment task also gives you the opportunity to put the skills you have learned in tutorials into practice. The length of the assignment is to be 2000 words. Please provide a word count with the assignment. Do not include the references or bibliography in the word count. We recommend that you carefully read this information, making sure that when you write your assignment you answer the questions asked and address the criteria outlined in your course description. Most marks are given for analysis; very few marks are given for the mere stating of information. The greatest emphasis from this criterion in this assessment task is on the application of knowledge and the arguments presented to justify your position. Note the presentation requirements and the warning about plagiarism elsewhere the Course Description.
Topic: Complete both questions in this assignment. The first question requires you to read and analyse and respond to the question asked. The second question requires you to read, research and write an appropriate response to the question asked.
- Cassie is employed by a business called MME which has its head office in Brisbane. MME was considering opening an office in Ballarat. Cassie has a role of Business Development Manager for MME, a role which is prominently displayed on all her stationary and business cards. Cassie was instructed to visit the central business district of Ballarat, survey relevant business opportunities, evaluate competitors and make enquiries on retail premises before reporting back to head office with a recommendation. When Cassie arrived in Ballarat, she surveyed relevant local business opportunities, evaluated competitors and enquired on retail premises including detailed enquiries about one particular property owned by Theo. Pat is the owner and chief executive of MME. At the same time Cassie is in Ballarat, Pat also made enquiries with Theo over the telephone about the same property, Pat not knowing that Cassie was about to make her own detailed enquiries. Pat indicated to Theo that Cassie will be in contact to inspect the premises with a view to committing to a lease. Cassie inspects Theo’s property in central Ballarat and feels that its heritage ‘look and feel’ and central location make it best suited to MME so she executes in writing a lease arrangement with Theo on behalf of MME. When the copy of the executed lease arrives via email in Brisbane alongside with invoices for office equipment, Pat calls and questions Cassie. Pat ultimately refuses to agree to the terms of the premises and accordingly has the office equipment order cancelled. Theo takes legal action against MME. Identify the legal issues arising in agency from this scenario. Where relevant you should justify and support your answers with reference to statute and/or case law. (20 marks)
- Treat this question as separate from the above and answer this question as a research essay question. In the context of this course, discuss the relationship between agency and contract law. (15 marks)