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Analysing
Analysing the question
When analysing any legal question you are required to do the following:
- identify the legal issues – general and particular
- apply the facts to the law
- cite relevant cases to support your answer.
The importance of analysing the general legal issue(s) is to determine what type of law(s) is/are applicable, e.g. contract, negligence, corporation etc. Once the general area has been determined, the particular legal issues relating to that area can be analysed.
Activity
Read the contract law (general legal issue) question below, and explore the particular legal issues by clicking the buttons. Click the 'Show all' button to reveal all the legal issues.
James saw a classified advertisement in a offering to sell Kate’s piano for $4000. James wrote to Kate stating that he would "take the instrument at your price".
On 1st May, Kate wrote to James stating that she now wanted $5,000 and would keep her offer open for a week.
James received the letter on 4th May and wrote back to Kate stating he agreed to pay the $5000 "at your convenience". The letter unfortunately didn't arrive until 11th May.
The next day (5th May), Kate had lunch with her sister Julie. They discussed the piano and agreed that Julie could have the piano for $3,500 if she minded Kate’s children on Saturday nights.
On 6th May, the piano was delivered to Julie's house.
Legal issues:
[intention to create] James saw a classified
[invitation to treat]advertisement
in a offering to sell Kate’s piano for $4000.
[offer] James wrote to Kate stating that he would "take the instrument at your price".
[end intention to create]
On 1st May,
[counter offer] Kate wrote to James stating that she now wanted $5,000 and would
[consideration] keep her offer open for a week.
[revocation] James received the letter on 4th May and wrote back to Kate stating he agreed to pay the $5000 "at your convenience".
[postal acceptance] The letter unfortunately didn't arrive until 11th May.
The [breach of contract] next day (5th May),
[domestic family] Kate had lunch with her sister Julie. They discussed the piano and
[breach of contract] agreed that Julie could have the piano for $3,500 if she
[vagueness] minded Kate’s children on Saturday nights.
On 6th May, the piano was delivered to Julie's house.