Advise fred as to whether he can obtain a remedy

Assignment Help Business Law and Ethics
Reference no: EM132101729

Objectives

This assessment item links to the course objectives as stated in the Course Profile.

Details

This assignment is to be submitted in one (1) Word document only. This assignment is to be submitted online via Moodle by the due date stated.

The method of referencing to be used in this assignment is either the American Psychological Association (APA) referencing method or the Australian Guide to Legal Citation, 3r ed.

Additional information regarding this method is available through the library and the Academic Learning Centre. When making a reference, cite the original source or authority in preference to a secondary source such as the textbook, especially when you are discussing various sections of legislation. This means you should make reference to legislation and cases as a priority to back up any arguments that you make in your assignment.

A bibliography at the end of the assignment is required but it will not be part of the word count.

Students must complete all Parts of the Assignment.

Part A

Locate the full law report for the case referred to below at the Australian Legal Information Institute site (www.austlii.edu.au). Please be very careful that you find this particular case. The citation of the case is important. See the text in chapter 4.

Most parts of the Part A answers can be taken from the case but you may also do further research or refer to Moodle materials in your assignment.

Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28

Read the case and answer the following questions. Use complete sentences.

1. In what court was this case heard and how did the case reach this court?

2. Is this case a civil or criminal case? Which party bears the onus of proof in the present case?

3. In your own words briefly outline the main legal issues in this case. The case, prescribed textbook and other research will be helpful.

4. Identify the legal arguments of the appellant.

5. Explain how the doctrine of precedent and the hierarchy of Australian courts are illustrated by this case.

6. Explain how the terms of a contract and issues of legitimate commercial interests can be treated by the courts in Australia according to this decision.

7. Do you think the outcome of this case is fair? What business law lessons did you learn from reading this case?

Part B

1. Starting in March 2016 Allan leases a coffee shop to Wendy in a new shopping centre on the outskirts of Brisbane for $1000 per week. The lease is for five years. The centre's operations are not very successful and many of the tenant shopkeepers leave. After twelve months Wendy asks Allan if her rent can be reduced to $500 per week. In May 2017 Allan agrees and for the next twenty weeks Wendy pays the reduced rent. Allan hears a rumour that Wendy is about to vacate and give notice terminating the lease. Allan starts legal proceedings against Wendy to recover $10,000 arrears of rent for the twenty week period. Advise Wendy of her legal position and the likelihood that Allan can succeed in the case. Use case references in the analysis.

2. (a) Fred a farmer in South Australia is poorly educated and unable to read and write. He buys a tractor from Trust Tractors Pty Ltd on credit for his own farm and does not realize that the contract finance terms are at a very high interest rate. The interest rate makes it impossible for Fred to keep up the payments. He wishes to get out of the contract on the basis that the salesperson for Trust Tractors took advantage of his inability to read and write and failed to explain clearly the high interest rate. Advise Fred as to whether he can obtain a remedy under the Australian Consumer Law. Do not discuss the common law.

(b) Linda buys an electric exercise bike from the local Big Z Inc store. The television advertisement she saw stated that the bike had strong power and came with a three year warranty. Within a week of purchase the bike would not power up and it is clear that the motor is too small and underpowered for the bike. Linda seeks a refund from the store but the salesperson advises her that the store does not give refunds. Advise Linda of her rights and possible remedies under the Australian Consumer Law. Do not discuss the common law.

Verified Expert

In this assignment we have provided court movement of Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28. Along with this we have also provided legal issues, legal arguments of this case, In addition we have assessed the nature of this case (Civil). In Part B we have provided legal advises according to the scenario of different case studies.

Reference no: EM132101729

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Advise fred as to whether he can obtain a remedy : LAWS11030 - Foundations of Business Law - Advise Fred as to whether he can obtain a remedy under the Australian Consumer Law. Do not discuss the common law
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Reviews

inf2101729

11/12/2018 2:29:08 AM

The assignment is about Business Law and Ethics. The solution which has been provided to me was very easy to understand. The guidance provided to me was accurate and it justify the topic as well.

len2101729

9/1/2018 1:55:08 AM

F 40-49% concepts, but do not explain or apply them accurately. Answers often look like little more than a summary of what someone else has written. Fails to demonstrate the learning outcomes of the unit. COMMENT: Students in this range usually make some effort to perform the assignment task but fail to achieve what is prescribed for a Pass. Low F < 40% COMMENT: Students in this range usually fail to properly carry out the instructions or fully perform the tasks specified in the assessment.

len2101729

9/1/2018 1:55:00 AM

C P 65-74% 50-64% Demonstrates ability to use and apply fundamental concepts and skills of the unit, going beyond mere replication of content knowledge or skill to show understanding of key ideas, awareness of their relevance, some use of analytical skills, and some originality or insight. COMMENT: Learning involves not only knowing principles or concepts but also the ability to apply them to a real- life situation. Demonstrates the learning outcomes of the unit, such as knowledge of fundamental concepts and performance of basic skills; demonstrates sufficient quality of performance to be considered satisfactory or adequate or competent or capable in relation to the learning outcomes of the unit. COMMENT: Students who get a mark in this range usually demonstrate some knowledge of principles and

len2101729

9/1/2018 1:54:53 AM

D 75-84% Demonstrates awareness and understanding of deeper and less obvious aspects of the unit, such as ability to identify and debate critical issues or problems, ability to solve non-routine problems, ability to adapt and apply ideas to new situations, and ability to invent and evaluate new ideas. COMMENT: The student will demonstrate this by achieving all the outcomes for a Credit, but also some of the imagination, originality or flair required for a High Distinction.

len2101729

9/1/2018 1:54:48 AM

4 GRADE MARK CRITERION HD 85%+ Demonstrates imagination, originality or flair, based on proficiency in all the learning outcomes of the unit; work is interesting or surprisingly exciting, challenging, well read or scholarly. COMMENT: Here, the student will have done everything well, provided some original insights, and formulated their answer in a tight, efficient, thoroughly professional manner. Their explanations and arguments will have a strong logical flow and be convincing. Their research will be thorough.

len2101729

9/1/2018 1:54:40 AM

Part B (1) Formation of a contract and estoppel (including case law) Wendy and lease (2) (a )Australian Consumer Law (including case and statute reference support) (b) Australian Consumer Law (including case and statute reference support) Total Part B 10 5 5 20 Additional Comments & Feedback: TOTAL 40

len2101729

9/1/2018 1:54:33 AM

5 Explain how the doctrine of precedent and the hierarchy of Australian courts are illustrated by this case. 2 6 Explain how financial agreements between two parties can be treated by the courts in Australia according to this decision. 5 7 Do you think the outcome of this case is fair? What business law lessons did you learn after reading this case? How could you as a business operator minimize risk in dealing with such issues? 5 Total Part A 20

len2101729

9/1/2018 1:54:27 AM

LAWS11030 Foundations of Business Law– Marking Sheet Part A Mark 1 In what court was this case heard and how did the case reach this court? 2 2 Is this case a civil or criminal case? Which party bears the onus of proof? 2 3 In your own words briefly outline the main legal issues in this case. The case, prescribed textbook and other research will be helpful 2 4 Identify the legal arguments of the appellant 2

len2101729

9/1/2018 1:54:14 AM

As for Part B the legal problem questions can be answered in the following format: 1. Issue: what is the legal problem/legal topic that needs to be addressed based on the facts of this case. Generally, I like to put the issue in the form of a question so that in my subsequent analysis will answer back to the issue. 2. The law/rules: the second step is look at what are the legal principles that are relevant to the issue. In this section, you need to support the law with relevant cases and proper citations and outline the relevant principles that come out of these cases. Referencing (APA or AGLC/legal) is acceptable. You only need to provide one form of referencing. 3. Application of law to the facts of the case. In this paragraph(s), you dissect and discuss the facts of the case, apply the law and finally determine the outcome of the case. The outcome may be that the parties have or have not reached a legally binding agreement. Generally this goes back to the issue. 4. Remedies/Conclusion: what are the likely orders the court will grant.

len2101729

9/1/2018 1:54:07 AM

Format: One file in .doc or .docx (MSWord) format. Submissions in any other file format (e.g. .zip) will be treated as a non-submission. Word limit: See the word limit guides. Due date extended: Week 9 Wednesday (12) 11:55 PM AEST Return to students: Week 11 Wednesday (26) LAWS 11030 Assignment Format Greetings: below are some points that you may find useful as to how your assignment can be presented. For Part A, there is no particular format. 1000 words are the guide with twenty marks on offer. Allow say 50 words per mark as a general guide. You have to number your answers clearly and use complete sentences.

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