Word count 2,000 maximum. you may allocate any amount of w

WORD COUNT
2,000 maximum. You may allocate any amount of words to each
question; it is the overall total between all three questions that
must not exceed 2,000 words. As per the Course Outline,
assignments which exceed the allocated length will be subject to
a penalty of 5% of the total marks possible per 100 words or
part thereof. Words are calculated including all headings,
quotations, intext references and footnotes, but excluding any
list of references (for Harvard referencing style). If the word
limit is seriously misstated, this may be regarded as academic
dishonesty.
REFERENCING
There are two options for referencing. Students may either
utilise (1) the Harvard in-text style; or (2) the legal citation
style, as outlined in the Australian Guide to Legal Citation
(AGLC). Given that students are expected to cite the relevant
legal authorities when answering this Assignment, it is perhaps
more convenient to utilise the AGLC method, however either
referencing style will be accepted. Please be aware of the
relevant word limits and applicable penalties, as stipulated
above.
The Australian Guide to Legal Citation (3rd ed) is available in
hard copy in the Law Library (ground floor of the Law School
in the Ligertwood Building) or at the following website:
http://law.unimelb.edu.au/mulr/aglc/about. For guidance,
common references in the AGLC style are cited in the following
format:
Legislation:

Competition and Consumer Act 2010 (Cth).
Cases:
Masters v Cameron (1954) 91 CLR 353.
Books:
Brendan Sweeney, Jennifer O’Reilly and Andrew Coleman, Law
in Commerce (LexisNexis Butterworths, 5th ed, 2013).
Articles:
Brian Coote, ‘Consideration and Benefit in Fact and in Law’
(1990) 3 Journal of Contract
Law 23.
If using the Harvard style, you would simply cite the
legislation/case in full within the text and use normal Harvard
conventions for books/journal articles and the like. For
example: ‘In Smith v Louiston (1922) 108 CLR 65, the High
Court stated that…’. If using footnotes, it would be ‘In Smith v
Louiston,1 the High Court stated that…’ and the case citation
would be included in the footnote. ASSESSMENT CRITERIA
· Demonstrated ability to identify a pertinent legal issue arising
from a set of facts;
· Demonstrated ability to identify a relevant legal principle or
rule of Australian Contract Law and apply it to a material fact;
· Demonstrated ability to develop practical solutions to legal
problems and express tentative opinions as to the most suitable
or likely remedies and outcomes;
· Demonstrated ability to articulate an answer to a legal
problem clearly and logically.
IMPORTANT NOTE
Content from Weeks 1 (Australian legal system) and 6 (business
structures and ecommerce) is NOT ASSESSED in this
assignment: you are ONLY being assessed on CONTRACT
LAW (Weeks 2-5).
HANDY TIPS

· Write your answer in prose style i.e. using complete sentences,
adhere to grammatical rules, and use correct spelling. It is
important to clearly articulate your arguments. Use headings
and subheadings if it will help! The MIRAC method might also
assist you with structure.
· Remember to read the questions carefully and consider what
each of them is actually asking you to do – don’t go on
irrelevant tangents! You should reach at least a tentative
conclusion on each of the relevant issues; your reasoning is
what is being assessed.
· Each question may raise multiple legal issues or be capable of
resolution through the application of a variety of legal rules. Be
sure to consider all possibilities when writing your answer.
· State the relevant legal principles clearly and accurately,
citing appropriate authority. You must always back up
statements of law with references to appropriate legal authority
i.e. if you state a legal rule which you have learnt about in the
course you must stipulate where the rule comes from (a
particular case, piece of legislation etc.) either in the text of
your discussion using Harvard referencing, or in the footnotes
using the AGLC citation style.
· A good answer to a problem should identify the issues and
arguments each party might be expected to raise, and deal with
those issues and arguments in a logical sequence, with most
space being devoted to what appear to be the major points of
contention.
· Don’t waste words repeating all of the facts – confine your
answer to issues that are actually raised by the facts. You
should include details which are relevant to provide context to
your argument (i.e. those facts which are essential to mention so
that the marker can understand what you are saying), but you

need not repeat everything! If you believe there is some
ambiguity in the facts, or that more facts are needed in order to
resolve a particular issue, you should say that in your answer.
Assignment Task Instructions
Read the following factual scenario then answer all of the
questions at the end of this paper (p 5). Please note: these facts
are purely fictional.
Factual scenario
Donna, Louis and Harvey are good friends and accountants
working for three different Adelaide firms. It is now seven
years since they graduated and each has enjoyed a successful
individual career. One day the three meet for coffee and, while
chatting, decide it would be a good idea to start their own
accounting and financial planning firm. They each give notice
with their employers and sign a new partnership agreement.
They then register their new business and purchase a vacant
office building in Goodwood (inner southern suburb of
Adelaide). The trio attain loan finance from the Commonwealth
Bank and renovate the office building, installing new computers
throughout. They decide to shop around for the latest and best
accounting software so they can offer their clients the most
efficient and sophisticated service possible. Donna is tasked
with finding suitable software.
Donna visits Number Crunchers, a specialist IT company in the
city, and speaks with Cam, one of the sales staff. Based on her
new firm’s needs, Cam recommends the ‘MoneyMakers’
corporate accounting software package which includes 24/7 IT
support. The package is advertised in store and on the Number
Crunchers website at $15,649. Donna says she is very keen on
the package but wishes to check with her partners first to make
sure they’re happy as well. She leaves her contact details,
including her mobile phone number and email address, with
Cam and says she will contact him in two days (Thursday). Cam

provides his personal mobile number to Donna and says to call
whenever suits as he works all week. After speaking with Louis
and Harvey, they both agree on the package and tell Donna to
go ahead and order it. Donna contacts Cam and the following
text conversation takes place:
Meanwhile, Louis and Harvey have been hard at work finalising
the office renovations and decide to reward themselves with a
movie and game of laser skirmish. After visiting the cinema,
they head to a nearby laser skirmish facility, ‘Flash Fort’
(which they’ve never visited before), for a few fun games to
unwind for the day. The entrance, like the rest of the building,
is dark with only fluorescent lights illuminating surroundings.
They approach the counter where the staff member present asks
them to write their names down and runs through some safety
instructions before asking them to pay and suit up for their
session. The full terms of participation are on the orange sign
labelled ‘Mission Rules’ on the other side of the entrance
(circled in picture below). When asked by Louis, the staff
member indicates that they are not required to sign anything
because ‘everything they need to know is up on the wall’ and
they have to hurry because ‘the session starts pretty much as
soon as they’ve paid and had the safety briefing’.

Harvey and Louis look around and spot the sign. As they are
walking over the countdown siren sounds, indicating their
session is about to start. The sign is 70cm wide and 50cm high
and bright orange. The heading of the sign is large and bold,
while the terms of participation on the sign are printed in size
14 ‘Courier New’ font. The text colour is black. One of the
terms, Term 18, reads:
18. Players must immediately leave the laser skirmish room
when the session end announcement is made over the PA
system. Any player who remains in the laser skirmish room for
longer than one (1) minute after the session end announcement
must pay a delay fee of $10.00, payable on departure.
Harvey and Louis commence their one-hour session. When the
session end announcement is made, they begin making their way
out of the centre. They are laughing and joking about their
experience and recounting some of the funny moments, walking
casually at slow pace. When they finally exit the laser skirmish
room the staff member indicates that they took over a minute to
leave and must each pay $10. Harvey and Louis are furious
about this, as it not only seems absurdly unfair but they did not
know about this requirement.
The next day, Harvey, Louis and Donna meet up at the office to
discuss business matters when Donna receives a phone call from
the cleaning company they hired to shampoo and steam clean

the carpet throughout the building the following week. The
company, Reynolds Contractors Pty Ltd, had already visited and
quoted the job for $1,800. They were the only company
contacted that said they were able to do the job within the next
two weeks. Donna had already paid the fee in full. The
Reynolds representative apologetically indicates that the price
of the chemical required to treat the carpets has increased and
they will require payment of an additional $220 before they can
proceed. Donna is angry about it but knowing that the firm is
due to open in a fortnight, and that the foul odour of the carpet
will leave a negative impression with the important clients
scheduled to meet with them on the first day of trade, she agrees
to pay the sum. The next week, when the carpet is cleaned,
Reynolds sends an invoice for the additional $220. Donna
refuses to pay, saying she shouldn’t have to.
Please provide answers to the following questions:
1. Did Donna and Cam create a binding contract for the
purchase of the software? (15)
2. Are Harvey and Louis contractually bound to pay the delay
fee to Flash Fort? (50)
3. Are Donna, Harvey and Louis required to pay the extra $220
for the carpet cleaning? (35)
TOTAL MARKS (100)
Please remember to refer to the appropriate legal authorities in
your answer (i.e. cases etc.), particularly when making
reference to legal rules and principles. You may disregard the
application of the Australian Consumer Law.

It is suggested that you allocate a proportionately greater
number of words to your answers to Questions 2 and 3 given
their heavier weighting (50 and 35 marks each respectively).
Question 1 will therefore likely be your shortest response. As a
rough guide, you should be aiming for approximately:
300 words for Question 1
1
1
5
Key Account Management Essay Objective: Design a marketing
plan that will demonstrate entrepreneurial approaches to
formulating product, price, promotion and distribution
strategies and action programs.
Introduction: Customer Relationship Management (CRM) is
used to manage a company's interactions with current and future
customers. Key Account Management (KAM) over and above
selling products to high end customers also considers the
customers strategic role in the growth of suppliers.
Deliverable: Written Assignment 2 to 3 pages exclusive of title
and reference pages applying APA formatting
Activity Details
Perform the following steps:

Step 1: Introduction
Begin with an introductory paragraph that describes what
Customer Relationship Management (CRM) and Key Account
Management (KAM) are. Briefly describe the primary
differences between CRM and KAM.
· Follow-up with multi-paragraph response that compares and
contrasts CRM and KAM.
· Describes how a key account manager will use a CRM to
improve performance and communication.
Step 2: Research and Content
Read the following overview materials about the results of a
study that focuses on the best practices and strategies for key
account management.
Ricards, K.A., & Jones, E. (2009). Key Account Management:
Adding Elements of Account Fit to an Integrative Theoretical
Framework. Journal of Personal Selling & Sales Management,
29(4), pp.305-310.
Describe the results of the study including best practices and
strategies for Key Account Management. Consider and elaborate
about the importance of relationship effectiveness as it relates
to Key Account Management. Summarize what you have learned
and describe how Customer Relationship Management (CRM)
and Key Account Management relationships can impact the
outside world.
Step 3: Conclusion Summary
For the conclusion paragraph explain why Customer
Relationship Management (CRM) and Key Account
Management (KAM) are different but also related. Synthesize
what you have learned about CRM and KAM and their
relationship importance in global economics.
Essay Rubric APA Styles
Financial/Investment Opportunities

Essay
Introduction: If you want to start a successful business, start by
analyzing customer needs and then how you might uniquely
deliver to meet those needs. Read this case study and evaluate
the company’s growth from a startup. What can you learn from
entrepreneurs such as the founder of the Avocent Corporation?
Deliverables: Write a 3-page paper, a minimum of 3 full pages
(excluding title and reference pages), answering the questions
at the end of the case study.
Activity Details:
Step 1: Read the Avocent Corporation case study.
Read the Find a Big Problem to Solve, found in the eText in the
External Tools area, Mariotti, S., & Glackin, C. (2013).
Entrepreneurship: Starting and Operating a Small Business (3rd
ed., pp. 484-487). Upper Saddle River, NJ: Prentice Hall.
Step 2: Begin the essay with an introduction about why it is
important to perform a thorough analysis for any business idea,
product and/or service concept in order to meet customer needs
The Written analysis should include a minimum of one or two
references cited within the content of the paper and the
reference page according to APA guidelines.
Step 3: Answer the questions at the end of the case study
Case Analysis
· What are some of the key decisions Remigius made that
positioned his company for success
· Why was Remigius Shatas able to go public and then to leave
the business with millions in his pocket?
· Did Remigius launch the company with a winning product?
· How did Avocent grow?
Perform reflective thinking about how to start a successful
business, solving problems aligned to customer needs, and key
decisions to position a company for success. Synthesize what
you have learned and write your thoughts about how to
transition analysis of a product idea or service concept into a

business success.
Please review the link provided below, containing the essay
rubric, prior to proceeding:
· Essay Rubric
· APAstyle.org
Key Account Management Essay Objective: Design a marketing
plan that will demonstrate entrepreneurial approaches to
formulating product, price, promotion and distribution
strategies and action programs.
Introduction: Customer Relationship Management (CRM) is
used to manage a company's interactions with current and future
customers. Key Account Management (KAM) over and above
selling products to high end customers also considers the
customers strategic role in the growth of suppliers.
Deliverable: Written Assignment 2 to 3 pages exclusive of title
and reference pages applying APA formatting
Activity Details
Perform the following steps:
Step 1: Introduction
Begin with an introductory paragraph that describes what
Customer Relationship Management (CRM) and Key Account
Management (KAM) are. Briefly describe the primary
differences between CRM and KAM.
· Follow-up with multi-paragraph response that compares and
contrasts CRM and KAM.
· Describes how a key account manager will use a CRM to
improve performance and communication.
Step 2: Research and Content
Read the following overview materials about the results of a
study that focuses on the best practices and strategies for key

account management.
Ricards, K.A., & Jones, E. (2009). Key Account Management:
Adding Elements of Account Fit to an Integrative Theoretical
Framework. Journal of Personal Selling & Sales Management,
29(4), pp.305-310.
Describe the results of the study including best practices and
strategies for Key Account Management. Consider and elaborate
about the importance of relationship effectiveness as it relates
to Key Account Management. Summarize what you have learned
and describe how Customer Relationship Management (CRM)
and Key Account Management relationships can impact the
outside world.
Step 3: Conclusion Summary
For the conclusion paragraph explain why Customer
Relationship Management (CRM) and Key Account
Management (KAM) are different but also related. Synthesize
what you have learned about CRM and KAM and their
relationship importance in global economics.
Essay Rubric APA Styles
Market Management Function
Essay
Objective: Design a marketing plan that will demonstrate
entrepreneurial approaches to formulating product, price,
promotion, and distribution strategies and action programs.
Introduction: Market planning to define and develop niche
markets is a start-up strategy that can bring to light attractive
opportunities where small business can compete against large
competitors and be profitable right out of the gate. However,
niche marketing requires creative forward thinking managers,
skills and a marketing strategic mindset to carve out unique
revenue streams.
Deliverables: Minimum 3-page paper
Activity Details:

Step 1: Introduction and Preliminary Research Research Lesson
Readings as well as external resources from the Cline
Libraryhttp://library.nau.edu/ and/or the Internet, books,
journals, etc. about strategic niche market planning. Write an
introductory paragraph with a brief statement how a well -
defined market niche plan can present attractive small business
revenue stream opportunities.
Read the case study found in Exercise 4.1 in the Pearson
eText in External Tools:
Nicher Allegiant Air: Going Where They Aint from Armstrong,
G., & Kotler, P. (2013). Marketing: An Introduction (11th ed.,
pp. 51-52). Upper Saddle River, NJ: Prentice Hall.
Step 2: Write a 3-page essay
Write a 3-page paper answering and delivering:
· Description of Nicher Allegiant Air’s approach to the market.
· Description about the reason why the company took the
marketing/business approach that they did.
· Has it been successful?
· Compare the market/business strategy of Allegiant to another
large airline company.
· How are they similar?
· How are they different?
· How did market research and planning make this a successful
business?
Step 3: For the conclusion paragraph summarize what you have
learned about the niche market planning process.
· Essay Rubric
· APAstyle.org
Market Management Function
Essay
Objective: Design a marketing plan that will demonstrate
entrepreneurial approaches to formulating product, price,
promotion, and distribution strategies and action programs.

Introduction: Market planning to define and develop niche
markets is a start-up strategy that can bring to light attractive
opportunities where small business can compete against large
competitors and be profitable right out of the gate. However,
niche marketing requires creative forward thinking managers,
skills and a marketing strategic mindset to carve out unique
revenue streams.
Deliverables: Minimum 3-page paper
Activity Details:
Step 1: Introduction and Preliminary Research Research Lesson
Readings as well as external resources from the Cline
Libraryhttp://library.nau.edu/ and/or the Internet, books,
journals, etc. about strategic niche market planning. Write an
introductory paragraph with a brief statement how a well -
defined market niche plan can present attractive small business
revenue stream opportunities.
Read the case study found in Exercise 4.1 in the Pearson
eText in External Tools:
Nicher Allegiant Air: Going Where They Aint from Armstrong,
G., & Kotler, P. (2013). Marketing: An Introduction (11th ed.,
pp. 51-52). Upper Saddle River, NJ: Prentice Hall.
Step 2: Write a 3-page essay
Write a 3-page paper answering and delivering:
· Description of Nicher Allegiant Air’s approach to the market.
· Description about the reason why the company took the
marketing/business approach that they did.
· Has it been successful?
· Compare the market/business strategy of Allegiant to another
large airline company.
· How are they similar?
· How are they different?
· How did market research and planning make this a successful
business?
Step 3: For the conclusion paragraph summarize what you have
learned about the niche market planning process.

· Essay Rubric
· APAstyle.org
Financial/Investment Opportunities
Essay
Introduction: If you want to start a successful business, start by
analyzing customer needs and then how you might uniquely
deliver to meet those needs. Read this case study and evaluate
the company’s growth from a startup. What can you learn from
entrepreneurs such as the founder of the Avocent Corporation?
Deliverables: Write a 3-page paper, a minimum of 3 full pages
(excluding title and reference pages), answering the questions
at the end of the case study.
Activity Details:
Step 1: Read the Avocent Corporation case study.
Read the Find a Big Problem to Solve, found in the eText in the
External Tools area, Mariotti, S., & Glackin, C. (2013).
Entrepreneurship: Starting and Operating a Small Business (3rd
ed., pp. 484-487). Upper Saddle River, NJ: Prentice Hall.
Step 2: Begin the essay with an introduction about why it is
important to perform a thorough analysis for any business idea,
product and/or service concept in order to meet customer needs
The Written analysis should include a minimum of one or two
references cited within the content of the paper and the
reference page according to APA guidelines.
Step 3: Answer the questions at the end of the case study
Case Analysis
· What are some of the key decisions Remigius made that
positioned his company for success
· Why was Remigius Shatas able to go public and then to leave
the business with millions in his pocket?
· Did Remigius launch the company with a winning product?
· How did Avocent grow?

Perform reflective thinking about how to start a successful
business, solving problems aligned to customer needs, and key
decisions to position a company for success. Synthesize what
you have learned and write your thoughts about how to
transition analysis of a product idea or service concept into a
business success.
Please review the link provided below, containing the essay
rubric, prior to proceeding:
· Essay Rubric
· APAstyle.org
WORD COUNT
2,000 maximum. You may allocate any amount of words to each
question; it is the overall total between all three questions that
must not exceed 2,000 words. As per the Course Outline,
assignments which exceed the allocated length will be subject to
a penalty of 5% of the total marks possible per 100 words or
part thereof. Words are calculated including all headings,
quotations, intext references and footnotes, but excluding any
list of references (for Harvard referencing style). If the word
limit is seriously misstated, this may be regarded as academic
dishonesty.
REFERENCING
There are two options for referencing. Students may either
utilise (1) the Harvard in-text style; or (2) the legal citation
style, as outlined in the Australian Guide to Legal Citation
(AGLC). Given that students are expected to cite the relevant
legal authorities when answering this Assignment, it is perhaps
more convenient to utilise the AGLC method, however either
referencing style will be accepted. Please be aware of the
relevant word limits and applicable penalties, as stipulated

above.
The Australian Guide to Legal Citation (3rd ed) is available in
hard copy in the Law Library (ground floor of the Law School
in the Ligertwood Building) or at the following website:
http://law.unimelb.edu.au/mulr/aglc/about. For guidance,
common references in the AGLC style are cited in the following
format:
Legislation:
Competition and Consumer Act 2010 (Cth).
Cases:
Masters v Cameron (1954) 91 CLR 353.
Books:
Brendan Sweeney, Jennifer O’Reilly and Andrew Coleman, Law
in Commerce (LexisNexis Butterworths, 5th ed, 2013).
Articles:
Brian Coote, ‘Consideration and Benefit in Fact and in Law’
(1990) 3 Journal of Contract
Law 23.
If using the Harvard style, you would simply cite the
legislation/case in full within the text and use normal Harvard
conventions for books/journal articles and the like. For
example: ‘In Smith v Louiston (1922) 108 CLR 65, the High
Court stated that…’. If using footnotes, it would be ‘In Smith v
Louiston,1 the High Court stated that…’ and the case citation
would be included in the footnote. ASSESSMENT CRITERIA
· Demonstrated ability to identify a pertinent legal issue arising
from a set of facts;
· Demonstrated ability to identify a relevant legal principle or
rule of Australian Contract Law and apply it to a material fact;
· Demonstrated ability to develop practical solutions to legal
problems and express tentative opinions as to the most suitable
or likely remedies and outcomes;

· Demonstrated ability to articulate an answer to a legal
problem clearly and logically.
IMPORTANT NOTE
Content from Weeks 1 (Australian legal system) and 6 (business
structures and ecommerce) is NOT ASSESSED in this
assignment: you are ONLY being assessed on CONTRACT
LAW (Weeks 2-5).
HANDY TIPS
· Write your answer in prose style i.e. using complete sentences,
adhere to grammatical rules, and use correct spelling. It is
important to clearly articulate your arguments. Use headings
and subheadings if it will help! The MIRAC method might also
assist you with structure.
· Remember to read the questions carefully and consider what
each of them is actually asking you to do – don’t go on
irrelevant tangents! You should reach at least a tentative
conclusion on each of the relevant issues; your reasoning is
what is being assessed.
· Each question may raise multiple legal issues or be capable of
resolution through the application of a variety of legal rules. Be
sure to consider all possibilities when writing your answer.
· State the relevant legal principles clearly and accurately,
citing appropriate authority. You must always back up
statements of law with references to appropriate legal authority
i.e. if you state a legal rule which you have learnt about in the
course you must stipulate where the rule comes from (a
particular case, piece of legislation etc.) either in the text of
your discussion using Harvard referencing, or in the footnotes
using the AGLC citation style.
· A good answer to a problem should identify the issues and

arguments each party might be expected to raise, and deal with
those issues and arguments in a logical sequence, with most
space being devoted to what appear to be the major points of
contention.
· Don’t waste words repeating all of the facts – confine your
answer to issues that are actually raised by the facts. You
should include details which are relevant to provide context to
your argument (i.e. those facts which are essential to mention so
that the marker can understand what you are saying), but you
need not repeat everything! If you believe there is some
ambiguity in the facts, or that more facts are needed in order to
resolve a particular issue, you should say that in your answer.
Assignment Task Instructions
Read the following factual scenario then answer all of the
questions at the end of this paper (p 5). Please note: these facts
are purely fictional.
Factual scenario
Donna, Louis and Harvey are good friends and accountants
working for three different Adelaide firms. It is now seven
years since they graduated and each has enjoyed a successful
individual career. One day the three meet for coffee and, while
chatting, decide it would be a good idea to start their own
accounting and financial planning firm. They each give notice
with their employers and sign a new partnership agreement.
They then register their new business and purchase a vacant
office building in Goodwood (inner southern suburb of
Adelaide). The trio attain loan finance from the Commonwealth
Bank and renovate the office building, installing new computers
throughout. They decide to shop around for the latest and best
accounting software so they can offer their clients the most
efficient and sophisticated service possible. Donna is tasked
with finding suitable software.

Donna visits Number Crunchers, a specialist IT company in the
city, and speaks with Cam, one of the sales staff. Based on her
new firm’s needs, Cam recommends the ‘MoneyMakers’
corporate accounting software package which includes 24/7 IT
support. The package is advertised in store and on the Number
Crunchers website at $15,649. Donna says she is very keen on
the package but wishes to check with her partners first to make
sure they’re happy as well. She leaves her contact details,
including her mobile phone number and email address, with
Cam and says she will contact him in two days (Thursday). Cam
provides his personal mobile number to Donna and says to call
whenever suits as he works all week. After speaking with Louis
and Harvey, they both agree on the package and tell Donna to
go ahead and order it. Donna contacts Cam and the following
text conversation takes place:
Meanwhile, Louis and Harvey have been hard at work finalising
the office renovations and decide to reward themselves with a
movie and game of laser skirmish. After visiting the cinema,
they head to a nearby laser skirmish facility, ‘Flash Fort’
(which they’ve never visited before), for a few fun games to
unwind for the day. The entrance, like the rest of the building,
is dark with only fluorescent lights illuminating surroundings.
They approach the counter where the staff member present asks
them to write their names down and runs through some safety
instructions before asking them to pay and suit up for their
session. The full terms of participation are on the orange sign
labelled ‘Mission Rules’ on the other side of the entrance
(circled in picture below). When asked by Louis, the staff
member indicates that they are not required to sign anything
because ‘everything they need to know is up on the wall’ and
they have to hurry because ‘the session starts pretty much as
soon as they’ve paid and had the safety briefing’.

Harvey and Louis look around and spot the sign. As they are
walking over the countdown siren sounds, indicating their
session is about to start. The sign is 70cm wide and 50cm high
and bright orange. The heading of the sign is large and bold,
while the terms of participation on the sign are printed in size
14 ‘Courier New’ font. The text colour is black. One of the
terms, Term 18, reads:
18. Players must immediately leave the laser skirmish room
when the session end announcement is made over the PA
system. Any player who remains in the laser skirmish room for
longer than one (1) minute after the session end announcement
must pay a delay fee of $10.00, payable on departure.
Harvey and Louis commence their one-hour session. When the
session end announcement is made, they begin making their way
out of the centre. They are laughing and joking about their

experience and recounting some of the funny moments, walking
casually at slow pace. When they finally exit the laser skirmish
room the staff member indicates that they took over a minute to
leave and must each pay $10. Harvey and Louis are furious
about this, as it not only seems absurdly unfair but they did not
know about this requirement.
The next day, Harvey, Louis and Donna meet up at the office to
discuss business matters when Donna receives a phone call from
the cleaning company they hired to shampoo and steam clean
the carpet throughout the building the following week. The
company, Reynolds Contractors Pty Ltd, had already visited and
quoted the job for $1,800. They were the only company
contacted that said they were able to do the job within the next
two weeks. Donna had already paid the fee in full. The
Reynolds representative apologetically indicates that the price
of the chemical required to treat the carpets has increased and
they will require payment of an additional $220 before they can
proceed. Donna is angry about it but knowing that the firm is
due to open in a fortnight, and that the foul odour of the carpet
will leave a negative impression with the important clients
scheduled to meet with them on the first day of trade, she agrees
to pay the sum. The next week, when the carpet is cleaned,
Reynolds sends an invoice for the additional $220. Donna
refuses to pay, saying she shouldn’t have to.
Please provide answers to the following questions:
1. Did Donna and Cam create a binding contract for the
purchase of the software? (15)
2. Are Harvey and Louis contractually bound to pay the delay
fee to Flash Fort? (50)

3. Are Donna, Harvey and Louis required to pay the extra $220
for the carpet cleaning? (35)
TOTAL MARKS (100)
Please remember to refer to the appropriate legal authorities in
your answer (i.e. cases etc.), particularly when making
reference to legal rules and principles. You may disregard the
application of the Australian Consumer Law.
It is suggested that you allocate a proportionately greater
number of words to your answers to Questions 2 and 3 given
their heavier weighting (50 and 35 marks each respectively).
Question 1 will therefore likely be your shortest response. As a
rough guide, you should be aiming for approximately:
1
1
5

Word count 2,000 maximum. you may allocate any amount of w

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