Commercial Law Assignment Question: Is A Student Of Kapla

Commercial Law Assignment Questionalan Is A Student Of Kaplan Higher E

Commercial Law Assignment Question Alan is a student of Kaplan Higher Education. He just took unit “Commercial Law” in June 2014 and received a “Credit” Grade for the unit. Whilst tidying up his bookshelves, he decided to sell his textbook “Introduction to Business Law in Singapore,” which was a compulsory textbook used in “Commercial Law.” As he knew of various friends in Kaplan Higher Education, he posted on his Facebook page on 1 Nov 2014, as follows: “To all my friends who are students enrolling or are enrolled in Kaplan Higher Education. I am selling my textbook “Introduction to Business Law in Singapore,” together with all the notes I took in class. The notes are written in an exercise book and very useful as I obtained a High Distinction for this unit! The selling price is $200.00. If keen, please pay me by 5 Nov 2014.” Bernard is a friend on Alan’s Facebook account. He will be taking the “Commercial Law” unit on 23 Nov 2014 and is very keen to purchase the material from Alan. He immediately posted on Alan’s Facebook wall on 2 Nov 2014: “I am keen to buy. But can you sell at $150.00?” Charleen is Alan’s younger sister, who is taking her GCE “O” levels this year. She saw Alan’s post and was very keen to read up on Business Law. In the morning of 2 Nov 2014, while Alan was still in bed, she told him that she would buy Alan’s textbook for $200.00. Alan merely smiled, thinking his sister must be mad to read up on Commercial Law at her age. When Charleen asked if she could pass the money to him on 6 Nov 2014, Alan nodded, thinking about his football team’s performance at last weekend’s match and went back to sleep. Charleen then told Alan she would buy the textbook for $200.00, paying on 6 Nov 2014. Damien is Bernard’s friend and a student at Kaplan Higher Education. He is not on Alan’s Facebook but knows who Alan is. He heard about Alan’s offer from Bernard and is keen to buy the material as he wants to do well for the unit. After obtaining Alan’s handphone number from Bernard, he sent Alan an SMS: “Alan, this is Damien. I am keen to buy your Commercial Law material. Can I pass the money to you in Kaplan Higher Education on 4 Nov 2014?” On 3 Nov 2014, Alan replied to Bernard’s post on Facebook: “Sorry. I am selling at $200.00. In fact, there is an offer already.” That night, after much consideration, Bernard decided to buy Alan’s material. He would be going overseas for 3 days and could not meet Alan. As such, he placed $200 cash in an envelope, posted it to Alan on the morning of 4 Nov 2014, and informed Alan to look out for the cash. Alan received the cash at 5:00 pm on 5 Nov 2014 when he opened his letterbox. In the evening of 4 Nov 2014, Damien saw Alan at Kaplan and handed him $200 cash, stating it was payment for the material. Alan kept the money, promising to pass everything to Damien on 7 Nov 2014. On 6 Nov 2014, Charleen left $200 on Alan’s table after receiving her pocket money. On 7 Nov 2014, Alan handed Bernard his original textbook, with notes embedded, and bought the same textbook from a shop, passing it along with his notes to Damien. On 23 Nov 2014, both Bernard and Damien discovered that Kaplan Higher Education had issued the textbook free of charge, leading to their anger. Discuss, considering contract law, whether a contract was formed, who the parties are, and assess each individual’s legal position, including potential dispute resolution options and their advantages and disadvantages.

Paper For Above instruction

The case involving Alan and the sale of his textbook provides a complex scenario for analyzing contractual formations, the rights and obligations of the parties involved, and potential dispute resolutions under contract law principles. The key issues revolve around whether a legally binding contract was established between Alan and the various buyers, and if so, at what point in time and under what circumstances.

Introduction

Contract law serves as the legal foundation for agreements made between parties, emphasizing mutual consent, consideration, and intention to create legal relations. In the scenario involving Alan’s textbook sale, each attempted transaction requires scrutiny regarding the existence and validity of contracts, the timing of formation, and the rights and liabilities of the involved parties. The subsequent discovery that the textbook was issued free by Kaplan further complicates the legal standing of these transactions, especially in terms of the parties’ expectations and the enforceability of their agreements.

Formation of Contract and Parties Involved

An essential element of contract law is the formation of a legally binding agreement. This formation hinges on offer, acceptance, consideration, and intention to create legal relations. In the scenario:

• Alan and Bernard: Alan posted on Facebook offering to sell the textbook for $200, indicating an invitation to treat rather than a binding offer. However, Bernard’s response asking for a lower price could be construed as a counter-offer, which may or may not amount to acceptance depending on further conduct. The act of Bernard posting his interest, along with the subsequent posting of $200 and mailing it, suggests an intention to conclude a contract, which could be reinforced by the posting of the cash, constituting a form of acceptance under potential unilateral contract principles.
• Charleen and Alan: Charleen's verbal promise to buy for $200, combined with her act of leaving the cash on Alan’s table, may constitute an offer and acceptance, but the enforceability is subject to whether there was an intention to create legal relations and whether the consideration was sufficient. Moreover, the informal oral agreement and subsequent conduct might be viewed ambiguously under contract law standards.
• Damien and Alan: Damien’s SMS expressing interest, coupled with handing cash to Alan in person, arguably forms a contract if Alan’s conduct indicates acceptance or at least a binding obligation. However, Alan’s later statement that there was already an offer suggests possible contractual contestation.

Specific Timing and Legality of Contract Formation

For each involved party, the timing of contractual formation depends on the actions taken:

• Bernard: The offer was made via Facebook. The posting of the $200 cash through mail arguably constitutes acceptance and thus forms a contract when Alan receives and retains the money, potentially on 5 Nov 2014. The postal acceptance rule indicates that acceptance occurs upon receipt, assuming the mailbox rule applies.
• Charleen: The verbal agreement and her act of leaving cash on Alan's table could be viewed as acceptance. Given the informal nature, it might be deemed a valid contract if the elements of offer, acceptance, and consideration are satisfied.
• Damien: The SMS and cash handed over in person suggest a contract formation on or before 4 Nov 2014, especially if Alan accepted the payment by taking the cash and promising to transfer the notes and textbook accordingly.

Legal Positions of the Parties

Bernard

Bernard’s position is that he entered into a contract once he posted the cash and Alan received it. Nonetheless, his attempt to negotiate at a lower price might constitute a counter-offer, unless his payment and subsequent conduct signify acceptance. Assuming acceptance is established, Bernard has the right to require delivery of the textbook and notes, provided the contract was valid and enforceable.

Charleen

Charleen's informal verbal agreement, combined with her act of leaving cash, may constitute a binding contract under certain conditions, particularly if the requisite elements of offer, acceptance, consideration, and intention are present. However, due to the informal context and her age, the enforceability might be questioned, especially if there’s a contention that there was no serious intention to create legal relations.

Damien

Damien’s case hinges on whether his payment and Alan’s acceptance involved a binding agreement. If Alan accepted the cash and promised to pass the notes and textbook, Damien’s position likely supports a binding contract. The fact that Alan kept the money and acknowledged the payment suggests intent to be bound, making Damien a valid contracting party.

Potential Dispute Resolution Options

Given the dispute about the actual value of the textbook and the discovery that Kaplan issued it free, amicable dispute resolution becomes pertinent. The primary options include negotiation, mediation, arbitration, and litigation.

1. Negotiation: The parties communicate directly to reach a settlement. This is cost-effective and flexible but relies on goodwill and mutual consent.
2. Mediation: A neutral mediator assists parties in reaching an agreement. It preserves relationships and is less adversarial but may not result in a binding resolution.
3. Arbitration: A neutral arbitrator renders a binding decision. It is more formal and binding but involves legal costs and less procedural flexibility.
4. Litigation: The parties pursue resolution through courts, which provide a legally binding judgment. However, litigation is time-consuming, costly, and may damage relationships.

Analysis of Pros and Cons

Negotiation offers maximum control but depends heavily on party cooperation. Mediation is effective for preserving relationships and confidentiality. Arbitration balances finality with procedural control but could be expensive. Litigation provides authoritative decisions but at the cost of time and resources.

Conclusion

In summary, several agreements may have been formed during Alan’s sale actions, but their enforceability hinges on the intent and conduct of the parties involved. The discovery that the textbook was issued free by Kaplan raises questions about the legality of the transactions, especially if the parties believed themselves to be acquiring a valuable item when none legally existed. Effective dispute resolution would ideally begin with negotiation and mediated discussions, escalating to arbitration or litigation if necessary, depending on the parties’ preferences and the strength of their legal claims.

References

• Chen-Wishart, M. (2018). Contract Law. Oxford University Press.
• Poole, J. (2016). Textbook on Contract Law. Oxford University Press.
• McKendrick, E. (2019). Contract Law. Palgrave Macmillan.
• Treitel, G. H. (2015). The Law of Contract. Sweet & Maxwell.
• Chen-Wishart, M., & Howell, A. (2017). Contract Law: Text, Cases, and Materials. Oxford University Press.
• Miller, R. L., & Jentz, G. A. (2019). Business Law Today, Standard Volume. Cengage Learning.
• Furmston, M. (2017). Cheshire, Fifoot and Furmston’s Law of Contract. Oxford University Press.
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• Harvey, G. (2018). Cases and Materials on Contract Law. Routledge.
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