Topic:

Consideration need not be adequate or commercially realistic. It merely needs to be ‘sufficient’.

Discuss what the term ‘sufficient’ means in this context and whether the statement is accurate in regards to Australian contract law.

Your answer should discuss, by reference to reputable academic sources, what is meant by ‘inadequate’ or ‘nominal’ consideration and provide contrasting scenarios of what is and is not ‘sufficient’ in the eyes of the law, citing the relevant cases and judicial decisions.

• PLESEA FOR YOUR REFERENCE FOR THE  CASES USE  

• Business law for business students / David Parker, Gerald Box THIRD EDITION aUTHORIZED BY VICTORIA UNIVERSITY  ONLY AUSTRALIAN CASES 

Purpose: to study and understand the relevant rules of consideration and the development of common law in regards to consideration.

In your essay you are to address the following issues:

Explain the role of consideration in formation of a contract

Discuss what is meant by the key words in the assignment topic

Explain the development of the relevant law with regards to the assignment topic.

Refer to the appropriate law/cases in your explanation

Make appropriate observations on whether there are any existing problems or issues.

Note: Extensive summaries of facts of cases are not desirable. Students should focus on identifying and explaining the decision and reasoning of the court and the relevance with regard to the assignment topic.

VVV. IMPORTANT 

The assignment must include footnotes, a bibliography. Students are required to adhere to the Australian Guide to Legal Citation (AGLC) for footnotes, references and bibliography . The VU guide to the AGLC and the 3rd Edition are available in the library resources section on VU Collaborate.  students are advised that at least 20 are desirable. More may be necessary in order to properly acknowledge sources in accordance with the VU Academic Integrity policy.

Guide Lines For the Assessment 

Format for Assignment

Minimum: 2300 words, Maximum: 2500 words (10% leeway)

No. of sources: At least 12 to 15

-3 textbooks

-6 or 7 journal articles

-Government publication papers

No. of cases to be mentioned: At least 12 (see marking/feedback sheet) plesea use australian cases only strictly 

The facts and decision (legal principle) of each case must be explained in around 4 or 5 lines at most. (focus should be on decision/reasoning, not summary of facts)

STRUCTURE FOR ESSAY:

-Introduction  400 words

(Might want to start with a quote from a leading judge?, Definition of topic, What are the aims of your essay, What are your observations (thoughts on the topic)) (no abstracts)

-History on the origins of consideration (150-200 words)

-Any academic theories on the role of consideration (150 words)

-Explain the relevant rules on consideration, as discussed in relevant cases. Are the cases consistent with each other? Can you reconcile the decisions of the older cases with the newer ones?  (as relevant to the topic) – Do not simply discuss all the rules on Consideration. Do not do a lengthy discussion of facts. The decisions of the cases (legal principles) are more important. Perhaps, five lines per case (for brief facts and most importantly, the decision).

 

 

CONCLUSION (400 words) – Note change from 200 to 400 words as conclusion would include your observations as well.

-Your own thoughts about the cases or/and the topic. What is the role for consideration today? Is it necessary to have these rules on adequacy or sufficiency? Are the older and newer cases consistent with one other? Are the decisions clear as to when the rules apply? How does this impact on the everyday making of contracts by ordinary or business people? What are the academic theorists saying about the role of consideration today?

-What are your findings from your essay - summarised

-End with a quote?

OTHERS POINT TO REMEMBER  VERY IMPORTANT 

• Focus is Australian law. Should not be using cases from jurisdictions such as the U.S. at all.
• Sources such as lawteacher.net and other non-academic standard websites, such as Wikipedia are not acceptable sources. Please also avoid law firm websites. Your research should focus on textbooks, academic journal articles and possible government publications.
• Footnotes and      bibliography should be compliant with AGLC and complete )e.g., correct use      of ibid, above n, etc., sufficient number of citations).  Easy to follow guides are on      Collaborate, assignment instructions make this requirement clear to students.