Business law

Individual Assignment – Question
On Sunday, 1st July 2019, Alvin heard from his friend named Nicky, that Theodore, a former
colleague wishes to sell his nursery business called “Chip n Munk” for RM2 million. Alvin visits
the nursery and seems to be interested to purchase nursery business. Theodore wrote a letter of
offer to Alvin on 10th July 2019 stating that “if Alvin agrees with the offer and responds through a
letter within a week, the business will be sold to him.” However, Alvin replies and says that “he
can only afford it if he could pay for it in four installments”. Theodore does not respond. Later that
day, Theodore receives a message on Facebook from his friend, Simon, saying “I heard you are
selling your nursery. I would like to buy it for RM1.9 million.”
On 16th July 2019, Alvin sends a letter by PosLaju Malaysia services to Theodore accepting
Theodore’s offer and in the letter, he enclosed a cheque for the sum of RM2 million. On the same
day, Theodore replies Simon’s message on Facebook accepting Simon’s offer and giving him
instructions on the payment details.
On Sunday, 17th July 2019, Alvin heard from a mutual friend that Theodore had sold his nursery
business to Simon.
On Monday morning of 18th July 2019, Alvin approaches Theodore at his nursery and asks
Theodore if he has received his letter to which Theodore replied that he had not. Theodore also
informed Alvin that he had sold the nursery to Simon for RM1.9 million. Alvin was disappointed
and very furious. On returning home that evening, Theodore finds Alvin’s letter in his room. His
wife informed him that it came by courier that afternoon.
Advise Alvin on the two matters below:
i) whether he has any action against Theodore for breach of contract; and
ii) whether Theodore could revoke his acceptance.
(30 marks)
Marking Rubrics (30 marks)
Topic Knowledge : able to identify the issues in the
question and application of the relevant principles
of case laws and statutes
15 marks
Reflect the analytical skills in the application of the
law to the issues concerned in the question. 10 marks
Good presentation, well written with good
command of language and coherent with the flow
of answer.
5 marks
3
REQUIREMENT FOR PASSING MODULE
To pass this module, you are required to achieve:
 at least 40% for continuous assessments component; AND
 at least 40% for final exam; AND
 an overall of at least 50%.
ASSIGNMENT GUIDELINES
Word Limits
Students have to state the word count at the end of the assignment which is not more than 2000
words. The reference list is not included in the word count, for examples, quotations, case
citations, footnotes etc.
Penalties are applicable if the word limit is exceeded. The first 200 words in excess will not be
penalised. A penalty of 5% per 100 words or part thereof in excess of the permitted amount (200
words) will be imposed.
Word Font
Please use Times Roman 1.5 line spacing and a font size of 12.
Submission
Students are required to submit the Assignment in hard copy (just staple need not bind)
together with the Turn-it-in Report via the Assignment Drop Box. Students are also required to
submit the soft copy in Word Document format on TIMeS (Taylor’s Integrated Moodle e-Learning
System). Deadlines must be strictly adhered to. Please refer to Taylor’s University Student
Handbook/Dual Award Program Guide for more details on late submission.
All assignments must use the Assignment cover sheet and assignment feedback form as the first
two pages of the assignment (available from subject website).
Late Submission
Assignments submitted within 24 hours after the published deadline will be penalized as below:
a) A mark of more than 50% for the assignment will be reduced to 50%. This reduced mark will
be used in the calculation of the overall module mark;
b) A mark of 50% or less will stand and be used in the calculation of the overall module mark.
Assignments will not be accepted after the 24 hour window and will be recorded as a nonsubmission. A mark of ZERO will be awarded. Please see the section on Non Submission of
Assignment below for more details.
4
Non Submission of Assignment
Students who do not submit their assignment will be deemed to have forfeited their right to a
second attempt (resit) of the module. These students will be required to repeat the module with
attendance and undertake all assessments again (as their third attempt (repeat)).
Note that students are granted only four attempts at a module. If you do not pass the module in
the fourth attempt, you will be excluded from the Dual Award programme.
REMINDER
 If information contained in the assignment is not your own words or ideas you must
acknowledge the source within the text of the paper as well as in the reference list.
 If you use another person’s words (i.e. you quote) you must indicate that this is a direct
quote (usually by quotation marks) and reference the source (including the page number)
within the text of the paper. Including the source in the reference list or bibliography is not
sufficient. Changing, deleting, adding only a few words, or rearranging the
sentence/paragraph does not negate that fact that you are quoting.
 If paraphrasing you still need to include an in-text reference (which includes the page
number), and take care that the paraphrasing is not ‘too close’ to the original; i.e. that it is in
fact a quote.
 The fact that the source of the material is from a text book, an Internet site, and/or the specific
author cannot be identified does not negate the need to acknowledge the source of the ideas
or words, or to reference correctly.
 Citing Cases – When first mention a case you should give the full citation within the text in the
form illustrated by the following examples: “FCT v Clarke (1927) 40 CLR 246”; “Coles Myer
Finance Ltd v FCT 93 ATC 4214”. All case names (Names of the parties) are to be put in
italics or – in handwritten exams – under-lined. If you use the case another time you can refer
to the case by using the name: e.g. “in FCT v Clarke” or “in Clarke’s case”. Where a reference
is made to a particular page of a case (say, page 249 of the Clarke case) that page should be
cited: “FCT v Clarke (1927) 40 CLR 246 at 249”. If you use cases from the textbook or sources
other than the original case you need to acknowledge this accordingly: e.g. “ANZ Banking
Group Ltd v Richardson [1980] Qd R 321 as cited in Graw (p. 158)”.
 Citing statutes – If you are referring to a section, you may state the section with a small/capital
(s 27 Contracts Act 1950).