Microsoft Word - First assignment - Final 1.docx Background You’ve been lucky enough to secure a graduate position working for Dennis Denuto in the Coolaroo office of Dennis Denuto & Associates. You...

Contract law- Memorandum of advice to a supervising lawyer. Reference must be AGLC. must follow attached instruction and mark distribution

Microsoft Word - First assignment - Final 1.docx Background You’ve been lucky enough to secure a graduate position working for Dennis Denuto in the Coolaroo office of Dennis Denuto & Associates. You come into work one morning and Dennis isn’t anywhere to be seen. When you log on to your computer you find the following email: Hi there, I’m going to be away for a couple of weeks – going to Bonnie Doon on a bit of a junket with a long-standing client of the firm – Darryl Kerrigan. I’d appreciate it if you can keep things running in my absence. I’m sure you’re up to the job – as long as you don’t use the photocopier, everything should be fine. The main thing I need you to look after while I’m away is a matter for my client Stuart Bloom, he owns Stuart’s Comic Books in Elizabeth Street, Coolaroo. They sell all kinds of pop culture stuff – comics, board games and dolls. They’re quite stressed about some threats to sue that they’re receiving from a guy called Sheldon Cooper and we need to advise them whether there was a contract or not. I just want you to look at the common law issues for now, we’ll worry about any implications under the Australian Consumer Law later. I’ll be back at midnight on 25 August 2019 and will come by the office. Please make sure that there’s a memo for me on my desk1 when I walk in the door setting out whether any agreements have been formed and why you have reached the conclusions you’ve reached. Dennis The File Your next step is to read the file, and the information there tells the following story:  On 18 February Sheldon Cooper visits Stuart’s comic book store in Coolaroo, a suburb in the northern area of Melbourne, Victoria. There he finds a mint condition, still in the box, “Dr Spock” action figure priced at $750. (There is a picture on the file).  Sheldon is a huge fan of the Star Trek show was really keen to buy the toy. Sheldon speaks to Stuart at length about the toy and after some negotiation, Stuart says that he is willing to sell the action figure to Sheldon for $600.  Sheldon tells Stuart “I absolutely love it. I’ve just built a cabinet to display all my action figures and this one would make my set complete, so I am definitely interested in buying it. I think I could afford it if I paid in two instalments”.  Stuart does not reply as he is interrupted by the telephone ringing. Sheldon leaves the store after taking one of Stuart’s business cards.  At 10am on 21 February, after thinking about the action figure some more, Sheldon tries to ring Stuart to offer him $550 for the action figure, payment immediately. He cannot get through so he sends an SMS message to same mobile number he found on Stuart’s business card.  Stuart reads the SMS about 10 minutes later and immediately replies Sheldon to let him know that he will accept $575, provided he pays in full by 23 February. Sheldon says he will have to think about it.  A copy of the SMS exchange is on the file. 1 By desk, Dennis means submitted via Canvas through Turnitin ?  On the afternoon of 23 February, Sheldon again tries to telephone Stuart and cannot get through. This time he sends him an email in which says he will buy the Spock doll for $550, and that he will pick up it up the following day.  A copy of the email is on the file.  Stuart is flat out all afternoon and does not read his emails until the following morning at 10am. Unfortunately for Sheldon, Stuart has just sold the doll to Howard for $600. Attachment 1 – Action Figure Attachement 2 – SMS exchange Required Write a memo to Dennis answering his question (is there a contract at common law) and explaining the reasons for your answer. Your memo must:  Answer the question that Dennis has asked;  Identify the key issues;  Articulate the relevant common law rules  Apply the law to the issues and facts;  incorporate a clear, logical and actionable conclusion; and  be written in language appropriate for your audience (another lawyer), using key terminology consistenty and appropirately, incorporate references in AGLC4 format, including a complete reference list which shows your boss all of the materials you considered, even if you don’t directly refer to them in your memorandum. For the avoidance of any confusion:  You are not required to calculate or examine any remedies that may be available to Mr Cooper in the event that a contract exists.  The word limit is 2000 words excluding references  This task contributes to 20% of your overall grade  You must submit via Canvas/Turnitin prior to midnight on 25 August 2019 unless you have received an extension of time in writing. This task will be marked out of 100 and assessed by reference to the following criteria: Task 1 will be assessed by reference to the following rubric Criteria Pts Identify the issues The extent to which you have properly identified the legal issues and explained why the issues are issues or need investigation. This includes identifying and articulating any assumptions necessary to solve the problem or any further questions you consider need addressing. 20.0 pts Rules The extent to which you clearly articulate what the relevant rules are in language appropriate for your audience. 15.0 pts Apply the Law The extent to which you apply the law that you've identified to the issues / facts. 30.0 pts Reach a conclusion The extent to which your conclusions are logical, actionable and clear. 15.0 pts Presentation & referencing Relates to the structure of your memorandum, your use of technical terminology, your grammar, spelling and punctuation and your use of AGLC3. 20.0 pts A more detailed rubric is available in Canvas.