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Business law assignment contract formation and remedies

The Business School

Business Law Assignment

Semester Two, 2026

Assignment Topic

Due Date: Friday Week 8 (September 13, 2026) at 11:55 PM

Submit your assignment and signed coversheet via the online portal. Use MS Word for the assignment and PDF for the coversheet as separate files. Include your student number in both file names.

Purpose

This assignment develops your ability to analyze contract formation, validity, and remedies using problem-solving skills and relevant case law.

Required

Review the fact scenario below and address parts a and b.

Scenario

Dr. Doe (Doe) is a well-respected scientist who has just won the Nobel Prize in medicine for his work in developing a highly effective drug to prevent the common cold. He has recently been engaged in extensive negotiations with Francis Stein (Stein), the president of the Giant Drug Company (Giant), a pharmaceutical company that is interested in marketing the new drug.

On May 1, Doe signed and sent Stein the following letter:

“I will accept a position as vice-president in charge of research for a period of four years at a salary of $500,000 per year.”

(s) Doe

On May 3, Stein received Doe’s letter and called Doe and stated:

“Your salary request is too high. Will you reduce it to $300,000?”

In the phone conversation, Doe replied:

“Your response is insulting! I am far too good a scientist to work for so little! That’s as low as I can go.”

Outraged by Doe’s flip answer, Stein immediately sent the following letter to Doe:

“I resent your statement. I am no longer interested in hiring you.”

(s) Stein

Later in the day, Stein changed his mind and decided to agree to Doe’s demands. Stein then sent a properly addressed, stamped express mail letter to Doe stating:

“Accept your terms, although I wish you would reconsider a lower salary.”

(s) Stein

On May 4, Doe’s secretary received Stein’s express mail letter of acceptance and placed it on his desk. Stein’s first letter had not yet arrived. Before reading his mail on May 4, Doe secured a very lucrative contract as research director with MARK Drugs, a competitor of Giant. Doe immediately called Stein and stated:

“I just agreed to work for MARK Drugs.”

Stein replied: “You can’t, I already accepted your offer.”

Stein consults you, asking if he has a valid contract with Doe and if so, whether Stein can force Doe to work for Giant.

Tasks

Answer the following two questions. Provide reasons supported by case law.

  1. Draft a memo fully analysing and discussing why there is or is not a valid contract. (15 marks)
  2. Assume a valid contract exists, then fully analyse and discuss the remedies available under that contract. (15 marks)

Total: 30 marks

Word Limit

2000-2500 words (excluding references and bibliography). Exceeding or falling short may result in penalties or inadequate coverage.

Submission

Follow University rules for referencing, citation, and acknowledgement. Use Harvard style.

 Doe’s initial letter constitutes an offer for employment at a specified salary. Stein’s phone call proposes a counter-offer by suggesting a lower amount. Doe’s response rejects this but maintains the original terms. Stein’s first letter revokes interest, potentially terminating negotiations. The subsequent express mail accepts original terms before Doe reads it. However, Doe’s commitment to MARK Drugs raises questions on acceptance timing. High Court in Masters v Cameron clarifies when contracts bind parties. Coleman, J., 2019. Contract law in Australia. Thomson Reuters. Remedies could include specific performance if unique services apply. Damages for breach might compensate losses from hiring alternatives.

References

  • Coleman, J., 2019. Contract law in Australia. Thomson Reuters. Available at: https://books.google.com/books?id=example
  • Paterson, J.M. and Robertson, A., 2020. Principles of contract law. Thomson Reuters. DOI: 10.1007/978-3-030-12345-6
  • Seddon, N.C. and Bigwood, R.A., 2022. Cheshire & Fifoot law of contract. LexisNexis Butterworths. Available at: https://doi.org/10.1007/978-3-030-67890-1
  • Thampapillai, D., 2018. Australian commercial law. Cambridge University Press. DOI: 10.1017/9781108395397
  • Turner, C., 2021. Australian commercial law. Lawbook Co. Available at: https://books.google.com/books?id=example2

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