LAWS2003 & LAWS7047 CONTRACTS
REFLECTIVE WRITING TEMPLATE
Student name: Mariam Matti – STUDENT ID 20498043
Tutor: Dr Souheir Edelbi
Basic Details of This section tests your awareness of the basic details of a contract and
the type of evidence that may indicate that a contract has been made.
the Contract
Who are the
parties to the
contract?
How did you
‘accept’ the
contract? What
steps did you
have to take?
What evidence do
you have to show
that you have a
contract? E.g., a
letter of offer
from a new
employer, a
receipt, a mobile
phone plan or a
confirmation that
you have paid a
rental deposit,
etc.
Myself and the hiring team at Pixel Media AU were the parties to the
contract.
Before accepting the stipulated contract, I undertook a few key procedures
to ensure that I fully comprehended and accepted the offer. The first step
was to double-check that the contract included all of the necessary
information. It's critical to have the accurate contact details, notably if you
need to send a notice of contractual obligation or a letter of termination
subsequently. Second, prior to signing the stipulated contract, I verified both
my own and the other party's duties. It was imperative to make certain that
that the other party did not make any promises that I did not comply to when
we were bargaining the contract. Thirdly, as the service provider, I needed
to be certain of the price I would receive under the defined contract. This
stage also included checking the terms and circumstances. Fourth,
understanding when and how to terminate a contract is fundamental. This
ensures that I am not bound by any legal obligations. Finally, prior accepting
the stipulated contract, I requested a copy of it.
Having properly completing all of the preceding stages prior to signing the
stated contract, the agreement was enabled over email and signed by
myself.
My evidence that I have a legally enforceable contract is a letter of offer from
a prospective employer, in this case, Pixel Media Au.
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Key features of
the Contract
This section begins to test your awareness of the different ways a contract
may be formed and how to identify some key features of a contract.
Did you have to
sign the contract
or was it a wholly
verbal
agreement?
How did you
know what the
terms of the
contract were?
Were they clear
and easy to
find/understand?
Was there
anything else
about the
As noted previously in the Job Offer from Pixel Media AU, I was requested to
"read and sign the contract attached to the email to confirm that [I] agree to
the proposed terms and conditions." As a result, the agreement was entirely
written and required signature before the employment offer could be
accepted.
Terms and conditions are an integral component that ensures partners of
legal duties and privileges. In my case, the agreement's terms and conditions
were clearly stated under "Section 4 - Terms AND Conditions." Additionally,
the terminologies are written in a bold pen that communicates the
definitions simply. Among the agreement's terms were "terminate clauses,
secrecy clauses, indemnity clauses, and interpretation clauses."
The contract was straightforward and simple to comprehend. However,
given that the company is a cinematography one (Pixel Media AU), I found
the "Legal Guide for Videographers and Videography Businesses" quite
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contract that you
found interesting
or challenging?
E.g., font size, o
be signed format,
ferlanguage,
images, etc?
Context and
Background
interesting. This part provided a step-by-step instruction describing
everything a new employee needs to be aware of asabout videography from
an Australian legal perspective. It was fascinating to see samples of films and
photographs illustrating a trademarked or copyrighted production.
Additionally, it was interesting to see a whole section devoted to "How to
Secure Videos on Websites and/or Social Media." Knowing how to protect
digital videos placed on the site from being stolen or used outside (Pixel
Media AU's) authorisation was not only intriguing, but also highly useful.
Additionally, the only stumbling block was the contract's Videography
terminology. Although terms such as "camera body, mirrorless camera,
bokeh, and raw files" were initially difficult to comprehend, they got easier
over time.master and utilise over time.
This section begins to test your ability to recognise the broader social or
economic context in which a contract is made and the role that inequality of
bargaining power plays in contracts.
What were the
underlying
circumstances
surrounding your
decision to enter
the contract? This
could be work or
family-related or
there might be a
personal or social
dimension to the
contract.
I selected to enter the stated contract since I've always had a genuine
interest in the wedding sector, notably videography, as I also work in a
wedding reception. I also conducted extensive research prior to choosing
this organisation, and it appeared to have an excellent reputation as well as
an outstanding corporate culture and long-term career potential
opportunities. As a result, I felt that this professional path aligned with both
my self interests and work objectives.
What opportunity
was there to
negotiate the
terms of the
contract?
I had numerous opportunity to renegotiate contract provisions that were
detrimental to my interests. One concession I made was to work only
Wednesdays and Fridays, rather than five days a week, to accommodate my
university studies. The hiring team's head was quite accommodating, and
they were pleased to continue with the contract despite the fact that I
adjusted the hours for which they need my services.
As noted previously, I did negotiate for more convenient office hours to
accommodate my university's studies. The head office was delighted to
proceed with my revisions. I also attempted to negotiate the payment
schedule to be weekly rather than biweekly. However, the head office
rejected my argument and was adamant on paying biweekly rather than
weekly.
One way I could have avoided the contract was to refuse to sign the contract
that was emailed to me. As a result, no legally enforceable agreement would
have been made from the start. Additionally, to terminate the relationship,
Myself or any other party seeking to terminate the deal must send a letter
requesting termination.
This section begins to test your ability to adequately reflect upon the process
by which a contract is made. It also begins to test your ability to critically
engage with the hidden assumptions and power structures that shape how
Did you negotiate
any terms other
than price?
What could you
do to avoid or get
out of the
contract?
Reflection and
analysis
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What surprised
you about the
contract and
why?
Were you able to
meet all your
contractual
obligations or did
you encounter
obstacles? What
were they?
What are some
hidden or
unstated
assumptions you
think the contract
is based on? You
may wish to refer
to the theoretical
assumptions we
discussed in week
2. E.g., freedom of
contract, raceneutrality, gender
subordination etc.
From your
perspective, was
the contract fair?
Explain
Pick one of the
theoretical
perspectives or
critiques we
discussed in week
2 and describe
how it applies,
relates to, or
informs your
a contract is made and implemented. In addition, we test your ability to link
theory and critique to practice.
Accordingly, to complete this section, you should draw out some general
conclusions about the contract based on the theories, critiques, and relevant
legal principles that we have studied to date.
What astonished me the most about the agreement was that it was not
drafted by a lawyer but by the company's director. Additionally, I was
startled to learn that each contract contains a plethora of specifics that can
be bargained. You may not always get your way due to the other person's or
business's negotiating strength. Even if you are rejected, you should make
an attempt to have the agreement modified to be more beneficial to your
viewpoint. You might be shocked at how much you can bargain simply by
asking.
Even though it was difficult to complete all assigned obligations due to my
lack of cinematography expertise prior to accepting the stipulated contract,
I was able to do so. Among my responsibilities were scheduling, verifying,
and attending activities on time, emailing and/or contacting customers
regarding cinematography services for their special date, and operating from
the workplace every Wednesday and Friday from 8:00 AM to 5:00 PM.
The structural partition of marginalisation from one gendered to the other is
the subjection of women in society to men. Almost every facet of
organisations is governed by a framework of patriarchy influence and
conduct that restricts women's capacity to interact and progress above what
they have created. The contract establishes formal and informal rules that
control gender interactions and assign work, values, duties, and demands
differently between men and women. Thus, it is considered that the
provided contract contains gender subordination.
The arrangement between myself and Pixel Media AU is simply fair and
equitable for both parties. The binding contract is transparent, proving that
the conditions are stated in relatively simple language, and are easily
accessible to any person impacted by the agreement.
According to the promise hypothesis, contract formation begins with the
issuing of a promise. This suggests that it considers contract formation as
being mostly determined by the voluntary conduct of petitioners rather than
by third parties such as the Government. The promise theory assists by
emphasising that the contract's foundation is the promises exchanged
between the parties previous to the contract's implementation. To connect
it to the current situation, it was requested that one of the contract's clauses
be amended. When Pixel Media Au managed to negotiate the
amendments/changes (a promise to comply), this became one of the
fundamental tenets of the existing agreement that I and Pixel Media Au
eventually signed.
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understanding of
the contract?
Based on your
current state of
knowledge, is the
contract
significant from a
legal point of
view? Why? Why
not?
Having had this
experience, will
you do anything
differently in
future when
making or
entering an
agreement?
Explain
Contracts serve as a trustworthy recording of the participants' assets, duties,
and liabilities. Businesses can allocate and mitigate risk by utilising
agreements in this manner, as there is a level of certainty and transparency
regarding who is accountable. A company can then use this essential
information to enhance future business choices. Additionally, the purpose to
be contractually obligated is a necessary element of any agreement, and it
needs that both parties have this intent in order for the contract to arise and
be enforceable. This implies that, unlike similar, less official pledges, a
contractual promise is one that you have the constitutional authority to
ensure in court, generally if another party has violated the contract
agreement and incurred you a type of loss.
I personally would not do or change anything. My contract with Pixel Media
AU is entirely reasonable and beneficial to both sides. The binding contract
is clear, proving that the conditions are stated in reasonably simple words,
are visible, are displayed, and are widely available to any individuals affected
by the agreement. That a result, when I enter or create a new agreement, I
will follow the same processes as I did when I entered this one.
Is there anything you wish to tell the Subject Coordinator about the nature of this
assessment? Was it useful, enjoyable or challenging etc?
All I'm going to say is that I'm quite appreciative of this assessment, particularly as a first-year
student. It was a fairly simple and basic evaluation that the majority of students in this course
probably enjoyed. It was an enjoyable, especially because I was able to apply and use a contract that
I had signed. Once again, many thanks.
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