a contract

a contract

Q1. What is a contract?
Discuss the essential elements of a valid contract, the binding and enforceable nature of contracts, the factors that may make a contract void or voidable, and the contractual remedies available to the parties. Use relevant decisions of the court as examples to support your discussions.
The answer should be written in report format, with in-text referencing, Harvard style.
Q2. At 5:04pm on August 1, 2012, while negotiating the terms of lease of a small restaurant from Tom, Lee and Tom had the following discussions:
Lee: “I plan to open the restaurant very early in the morning and close it very late at night. Will there be any problems with me sleeping overnight in the restaurant?”

Tom: “No, there won’t be a problem.”

Lee: “Are you sure? It is very important to me that I am able to sleep overnight in the property. My house is very far away from the restaurant and if I can’t sleep there I will have a very long drive late every night and very early every morning. In fact, it is that important to me that, if I cannot sleep in the restaurant I will not sign the lease.”

Tom: “I’ve been the owner of the restaurant for the last ten years and I can assure you that there is no problem with you sleeping overnight in the property. I’ve slept there many times myself and there are no laws or rules saying that you cannot sleep there. You’ll be fine.”

Lee reviewed the lease before signing it and noticed that the lease contained the following statement: “The document titled ‘Additional Contract Terms for this Lease’, dated July 15, 2012, is hereby incorporated into and made a part of this lease contract.” Lee asked Tom for a copy of the document, but Tom said “I don’t have a copy now.” At 5:23pm on August 1, 2012, Lee signed the lease without having seen the document referred to.

One week later, on August 8, 2012, the City of Lincoln’s Health and Safety Inspector visited Lee’s restaurant and said: “I heard that you have been sleeping in the restaurant. The City of Lincoln’s Health and Safety Rules say that a restaurant can only be used for ‘food and beverage services,’ and specifically say that no one can sleep in the restaurant overnight. If I catch you sleeping in the property again, you will have to pay a £1,000 fine.”

The next day, August 9, 2012, Tom called Lee and asked him “Why have you not washed my car yet?” Lee said “What are you talking about?” Tom said “The document titled ‘Additional Contract Terms for this Lease’ says ‘Lee agrees that, in addition to paying Tom rent for the restaurant, Lee will wash Tom’s car one time per week for the next two years.’” Lee said “What? I didn’t see that document before I signed the lease and I never agreed to that! I am not washing your car!”

Lee has hired you as his lawyer. When you reviewed the lease, you noticed that the only thing the lease said about sleeping in the restaurant was: “The storage room of the restaurant has enough space to fit a small bed and the tenant can use it as such.”

Lee wants to know if he can successfully sue Tom for breach of contract. He also wants to know if he is contractually bound to wash Tom’s car.

Please advise Lee, making sure you fully explain your answer. Use relevant decisions of the court to support your answer.

To answer this question, identify the relevant issues, clearly state the rules of law applicable, apply the rules to the facts of the problem, and have clear conclusions.



Assessment Requirements:
This is an INDIVIDUAL assessment and is equivalent to 20% of total module marks.
Both questions should be answered in approximately 2000 words, with in-text citations/referencing and a list of references, using Harvard style.
Answers should be written clearly and there should be a logical flow of discussions.
At least 15 relevant court decisions should be cited in the paper.


In this assessment you will prepare a written report based on the attached Case Study.
Your report should be approximately 1500 words and should include the following:
A brief introduction of the company and product that includes an overview of where
the product fits into this market in relation to its competitors (i.e. what are their
Unique Selling Points (USPs) vs this product?).
Based on the evidence of this campaign what problem/issue/customer perception are
they trying to overcome and what message are they trying to get across to consumers?
State what you believe are the communication objectives of this campaign.
Target Market
Using segmentation theory, clearly describe the target audience and create a profile of
who they are (use geographic, demographic and psychographic descriptors).
Brand Equity
With reference to the literature, describe the brands personality and discuss its fit with
the target audience. Also assess the level of brand equity overall using equity
measures proposed in the literature.
Campaign analysis
Describe the media the company used in the campaign and outline how they
integrated them together (pay particular attention to any written, spoken or visual cues
they used).
Assess how appropriate both media and execution were for this target audience and
propose any other media you believe could have been included to increase
effectiveness (and state why).
The campaign relied on customers providing content (co-creation) to increase
engagement. Discuss the strengths and weaknesses of this approach and recommend
any changes you feel would enhance it.


Research showed that Nike was the top consideration for female runners but Asics was seen as the
running specialist and the brand most likely to be recommended to others. Razor set about changing
this perception and its media task was to find a way to connect with female runners and get them
talking about Nike in running. The strategy was to use female runners as the primary channel to
promote and grow the community channel imperatives.
Razor needed to create physical running communities for authenticity, while digital communities were
needed to match young female social behaviours. Mobile interactivity was essential given high usage
by runners and advertising was placed in female worlds, not running worlds.
The conversation was ignited through Nike’s social media channels to create a 13-kilometre night race
for female runners, which would be the anchor to build the community around. Young runners were
solicited to be the voice of the brand and Carly, a young runner, was appointed as the community
manager to bring a youthful voice to the Nike She Runs Facebook page. Her posts brought authenticity
to the community and led to some of the highest engagement across her Facebook posts. Women were
encouraged to share their running experiences with both Nike and their fellow fans. A smartphone app
was designed to provide inspiration and motivation and it had live, shareable content generated by Nike
and runners.
Ambassadors across multiple channels were recruited who each had content made about their story,
which was then used to recruit other women. Razor sought out where runners congregated and
discussed running and fitness, then placed ambassadors in those environments with QR code-activated
videos in Fitness First gyms, posters on well-known running routes and a partnership with
Cosmopolitan magazine which included an editorial feature on night running, advertising, website
integration and a running workshop. The approach was replicated within universities, recruiting more
ambassadors, while the Nike database was used for eDMs.
The campaign exceeded all expectations and KPIs. Razor built up a community of 54,762 female
runners, 98% of the digital community positively engaged with Nike and roughly 90% of the runners
surveyed via Facebook intended to run the race again next year. Nike hit its sales targets easily and
sold out of key shoe styles.
Creating an ongoing brand participation program that people were willing to pay for is a phenomenal
result for Nike. The community centric integration strategy was first class and a great demonstration of
the power of people authenticity.
Source: http://mediafederation.org.au/node/801 retrieved 7/3/2013.


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