Topic: Contract Law

Order Description
Response to assignment legal scenario. Need to apply the right vitiating factors under contract law and consumer law that applies to the case scenario.

Assignment 1
Required: See instructions below and under ‘Your Tasks’. You will complete an individual assignment, on the scenario below. It requires you to explain and demonstrate the appropriate principles of contract law (and key cases or legislation) relevant to material covered in topics 1-5 (although not necessarily all).
Note: Footnotes or references should not be used for adding or discussing content and will not be marked as content.
Assessment Criteria:
Discipline Knowledge 12 Marks
(Demonstrate and apply discipline knowledge and skills – identify and explain the appropriate legal theory and cases)
Critical Thinking 6 Marks
(Think critically about the issues or problems, apply the legal theory discussed and draw defensible conclusions)
Effective Communication Skills 2 Marks
(Write in ways appropriate to the discipline, purpose and context concisely and effectively)
A marking rubric will be supplied on Blackboard.
Due Date: Latest submission accepted will be Monday 11 January 2016, 5pm Perth time.
Submission: Via Turnitin. Instructions for submission via Turnitin will be posted to Blackboard before the due date.
Your Tasks
You are to write separate answers (within ONE document) to the following 2 questions using a clear heading and new page for each question.
Curtin Law School – Dept. of Business Law
Applied Contract Law Page 1
SCENARIO
Carl, 30, is single and very lonely. He wants to find a wife to settle down with him and have a family. Unfortunately he is very shy and has never even dated before. His friends have told him to try online dating as this is an easy way to meet someone and chat online for a while before meeting and this may help him overcome his shyness.
Carl sees an advert for lovematchforyou.com an online, membership-based, dating site. There appear to be hundreds of eager young women looking to find a husband and settle down. Carl calls the number on the advert and speaks to Romeo, the sales consultant. Romeo explains the membership and emails him the membership contract.
The membership contract contains (amongst other things) the following clauses:
1. The membership term is 6 months.
2. The membership fee is $100.00 per month, debited from the member’s credit card on the first of each month.
3. If any payment is declined, a decline fee of $50 and the full balance of the remaining membership term will become due and payable immediately
4. After 6 months the membership will renew for another 6 months unless cancelled by the member.
5. Due to the varying costs of providing online services, the membership fee is subject to change by up to 10% per month without notice to the member and any fee increases will be payable by the member.
6. Memberships cannot be cancelled prior to the expiry of the membership term or any renewed membership term
7. Memberships may only be cancelled in writing. Cancellations must be requested at least 1 month prior to the end of the membership term.
8. Membership entitles the member to strictly one ‘introduction’ per month where the member will be introduced to a compatible partner selected by lovematchforyou’s trusted and patented partner matching formula.
9. Extra ‘introductions’ can be provided for $500 per ‘introduction’.
Carl is unsure and Romeo tells him that if Carl joins up immediately, he will give Carl an extra introduction in the first month. He will also give Carl a voucher for a free dinner for two at a fancy restaurant to use for his first introduction.
Carl joins and in the first month (January) he has two introductions, none of which lead to any romance. Despite asking about the voucher he never receives it. In the next two months (February to March), he is introduced to a wonderful girl each month and he does try to chat to them but nothing progresses further than some brief online texting. Carl is still very optimistic and he does not mind that the membership fee has increased by 10% each month.
In April Carl is introduced to Brandi, a beautiful woman of 25 who seems just the type of partner for Carl. Moreover, Brandi seems very interested in Carl too and they hit it off in the chat sessions over a few weeks. In early May they arrange to meet on a date and the date Page 2
goes very well. Carl is infatuated and Brandi seems to be just as in love with Carl as he is with her. They see each other regularly over the next few weeks.
In late May, Brandi tells Carl that her house is to be repossessed within a few days as she has lost her job recently and that she needs $20,000.00 to pay to the bank to ensure that she can keep her house. She tells Carl that she cannot borrow money and she cannot afford to make any repayments should anyone lend money to her anyway. She is most distressed and Carl immediately offers to give her the money telling her not to worry about repaying it, it is a gift from him because he loves her. At first Brandi refuses to take the money, but Carl insists and she takes it.
A few days later, in early June, Carl receives a call from Brandi. She tells him that her ex-husband has returned into her life and that she will be reuniting with him. She feels bad but she ‘has to follow her heart’.
Carl is devastated. He decides that he no longer wants to be involved in online dating. He calls the dating service and speaks to Lothario who tells him that Romeo has been fired for making false promises to customers.
Carl tells Lothario that he wishes to cancel his membership. Lothario tells Carl that he must do so in writing and with at least a month’s notice. Since it is now June, Carl cannot give a months’ notice before the end of the 6-month term and so the membership will renew for another 6 months. However, the good news is that if Carl submits a written cancellation request ASAP, he will definitely have his membership cancelled at the end of the next 6-month term. Lothario also tells Carl that there is an outstanding bill of $500 for the extra introduction in January!
Carl is furious and comes to you for advice. He wants to cancel his membership immediately, he wants the voucher for the dinner and he does not believe he has to pay the $500.
Question 1:
With reference to and discussion of relevant law and precedent cases, advise Carl as to whether or not there are any vitiating factors that may assist him against lovematchforyou.com and / or against Brandi. Do NOT discuss unfair contracts pursuant to legislation. Also advise Carl as to whether or not he can get the voucher and whether or not he has to pay the $500.
The word limit for Q1 is 2000 words with leeway of 10% (i.e. 2200 maximum). Ensure that you reference appropriately and correctly.
Page 3
Question 2:
Assume you work for lovematchforyou.com. Write a memo to the owner of the business stating whether or not their membership contract could be considered an ‘Unfair Contract’ pursuant to legislation and why / why not. If you consider it to potentially be unfair, suggest some changes that could alleviate any problems. Include referencing in this memo. There is no particular format for the memo, keep it simple and do not exceed two (2) pages.
Additional Information
1. Exceeding maximum word or page limits will result in a lower mark for ‘Effective Communication skills’
2. Use 11 point Calibri font throughout
3. Reference correctly (correct format and each time you use a source of any kind)
4. Do not use sources other than the unit materials, relevant legislation and at least one relevant text (e.g. Graw, Khoury or similar)
5. Make yourself aware of the CBS late submission and extension policies
6. Submit using Turnitin and with a WORD document, no PDF’s
7. Name your document correctly in the following format: “Surname_StudentNumber_Assignment 1”
8. Include a cover sheet as part of your submission (i.e. not a separate document). Use the cover sheet given on the ‘Assessment’ page and include it in your assignment i.e. cover sheet and assignment should be ONE word document, no multiple documents and no pdf’s please.
END OF QUESTIONS Page 4