Business Law – Torts and Contract problem questions

Assignment 2 – Problem questions
Value: 30%
Due date: 30-Apr-
Return date: 21-May-
Length: 2000 words
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Task
Please do not consider the Competition and Consumer Act 2010 (Cth) in answering these questions, as we have not yet covered that topic.

Please note that the word limit of 2 000 words is a total for both questions (ie it is not 2 000 words for each question). I would however expect that students should be able to answer both questions in far less than 2 000 words.

Please make sure to follow the presentation and stylistic rules contained on pages 5-7 and under ‘Presentation’ below.

Question 1 [15 marks]

Mary has been at a party. She has been drinking heavily and cannot walk properly. She walks home and crosses the road without looking for traffic. Bob is driving his car down the road, he does not see Mary because he is changing a CD in his car. He hits her and injures her, breaking her leg. Because of the delay caused by the traffic accident, another driver, Tom, is stuck in traffic. He is an electrician and because he cannot get to his next repair job of fixing the refrigerators in Sam s restaurant, Sam has to destroy $ 5 000 worth of meat which goes bad. Advise what legal liabilities arise out of this situation. Cite case authority where relevant.

Question 2 [15 marks]

Frank L Baum who runs a company called Wizard of Oz Electronics Ltd asks you for advice as to whether he has any contractual liability arising out of these two separate sets of circumstances:

On 20 September, Frank meets Sam over lunch. Sam owns a shop called Sam s Laptop Solutions . Frank tells Sam that he has just received a consignment of laptops and asks Sam if he would be interested in buying any. Sam says Send me some details this afternoon. Frank sends a letter to Sam in which he writes: I offer to sell you 500 laptops at $ 450 each, with delivery on 10 October. Sam puts a reply in the mail on 25 September which says I accept your offer. On 27 September, Bob telephones Sam and says Look, I ve decided to sell the laptops to my cousin. You have had long enough to think about this contract, and since I haven t heard from you, I am revoking my offer. Sam s letter reaches Bob on 29 September.

Frank is thinking of putting in a new airconditioning unit in his factory. He has been in negotiations with Cool It Aircon Ltd, owend by Trisha. One Monday morning he comes into his office and sees the latest draft contract from Cool It Aircon, with details of specifications of the airconditioners, price and installation date. The top sheet of the contract contains a space which says I agree to these terms of supply and with a space for a signature and date. Frank sets the contract aside on his desk, and it soon gets mixed up with piles of other paperwork. Later during the day, he signs the form, thinking that it was the front page of another contract he had been sent by a supplier of microchips. He gives it to his office manager, Tim, and says Send this by fax. A few days later a truck from Cool It Airon arrives at Frank s factory. Frank phones up Trisha and says he never agreed to the installation. When Trisha tells him about the fax, he realizes his mistake and tells her that he had sent it by accident. She says Too bad, we have a deal “ I have already spent several thousand dollars making customized components for your system.

NB: Please use the ILAC (ISSUES, LAW, APPLICATION, CONCLUSION) format in answering the problems, and use BUSINESS LAW book ( edition) by PAUL LATIMER as one of the references.

Rationale
This assignment is designed to assess the following subject learning objectives:
your understanding of the law of torts (Topics 3 and 4)
your understanding of aspects of contract law (Topics 5 and 6)
your ability to apply legal rules to fact-situations and to solve legal problems
your ability to conduct basic legal research.
Marking criteria
The assignments in Business Law (LAW110) are designed to have students critically evaluate the problems presented by identifying the issues. They use their research skills to determine the appropriate common law or statutory rule and apply analytical reasoning to apply these principles in a creative and professional manner.

Assignments will be subject to the following criteria in relation to marks awarded:

a. English – structure, spelling and punctuation

b. Statement of principle

c. Appropriate common law (cases) and legislation

d. Application to facts

e. Logic and argumentation

f. Bibliography, referencing and table of cases/legislation.

Presentation
Please comply with the following rules:

1. Do not re-state the facts of the problem.

2. Use the APA system of in-text referencing. Do not use footnotes.

3. Names of statutes should be italicised, and followed by the jurisdiction not in italics, for example: Acts Interpretation Act 1901 (Cth). Note the abbreviation for Commonwealth is Cth not Cwlth .

4. The names of the parties must be italicised, but the citation must not, for example: Smith v Jones (1967) 345 CLR 34.

5. An in-text reference to a book should be structured as follows: (Latimer, 2010, p. 75). There is no need to put the author s initial. Note the positioning of brackets, stops and commas. You use pp. only if referring to more than one page.

6. Do not start a new line simply because you are starting a new sentence.

7. Be careful of apostrophes: director’s = of a director, directors’ = of many directors, directors = many directors. Also particularly prevalent is confusion between its (it possessive) and it’s (contraction of “it is”).

8. The following words always start with a capital letter: Commonwealth, State, Act, Bill, Regulation, Constitution, Parliament. Do not unnecessarily capitalise other words.

9. One should not use terms such as can’t, won’t, don’t and shouldn’t, neither should one use “ie” and “eg” in formal writing.

10. A sentence must always begin with a full word and a capital letter “ so a sentence would start Section 55 says , not S 55 says or s 55 says

11. Start each paragraph on a new line, and leave a clear line gap after the preceding paragraph.

12. You must put page numbers on your assignment.

13. Quotations, and excerpts from legislation should be indented from the rest of the text in a separate paragraph. The text in quotations should not be in italics.

14. You must end your assignment with a bibliography that is divided into three parts, listing statutes, cases and textbooks.

15. When listing statutes in the bibliography you should conform to the format: Acts Interpretation Act 1901 (Cth). List the statute only once “ you do not list individual section numbers relied on. You should not list textbooks as the source of Acts “ the Act itself is its own source.

16. When listing cases conform to the format Gordon v Richards (1976) 123 CLR 32.

17. A listing of a book in a bibliography should appear in accordance with the following format: Latimer, P (). Australian Business Law, 31st ed, North Ryde: CCH.

18. Make sure that your sentences are grammatical “ it may be useful to read your assignment out loud if you have any doubts about this.

PLEASE NOTE THAT YOU WILL LOSE MARKS IF YOU DO NOT COMPLY WITH THIS STYLE GUIDE. I WILL REFERENCE NON-COMPLIANCE BY ANNOTATING YOUR ASSIGNMENT 2, 5 ETC TO INDICATE WHICH OF THE ABOVE RULES NUMBERED 1 “ 18 YOU HAVE BREACHED.

NB: Please use the ILAC (ISSUES, LAW, APPLICATION, CONCLUSION) format in answering the problems, and use BUSINESS LAW book ( edition) by PAUL LATIMER as one of the references and these resources below:
Prescribed text(s)
Latimer, P (). Australian Business Law, 31st ed, North Ryde: CCH

Recommended reading / resources
James, N (2010) Business Law, Wiley

Gibson, A & Fraser D (2009) Business Law (4th ed), Pearson Education Australia

Any good law dictionary such as: Butterworths Concise Australian Legal Dictionary (3rd ed) (2004), Chatswood NSW: Lexis Nexis

Gillies, P. (2004). Business law (12th ed.). Sydney: Federation Press.

*Ryan, H., Gibson, A., Rigby, S., & Tamsitt, G. (2001). Commercial law in principle. Sydney: Law Book Company. (Or later edition)

Srivastava, D.K., Deklin, T., & Singh, P. (1996). Introduction to Australian law. Sydney: Law Book Company.

Terry, A., & Giugni, D. (2005). Business, society and the law (4th ed.). Sydney: Harcourt Brace.

Turner, C. (2004). Australian commercial law (24th ed.). North Ryde, NSW: Law Book Company.

*Vermeesch, R.B., & Lindgren, K.E. (2005). Business law of Australia (11th ed.). Sydney: Butterworths.

*highly recommended.

For international students (text in Mandarin):

Kui Hua Wang. (2007). The international student guide to business law. Sydney: Law Book Company.

The world wide web: www.austlii.edu.au Australasian Legal Information Institute – all Australian legislation and recent case law can be found here.
Thank you.

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