Advise if king of ovens may be liable for breaches

Reference no: EM132112200

HYPOYHETICAL PROBLEM

Answer the following question using the Issue, Law, Application of Law and Conclusion (ILAC) format.

Please write a separate ILAC for Part (A) and Part (B) of the Question

Question

Bruno and Maria Ferreira, a couple, are recent Brazilian immigrants who arrived in Australia in June 2017. Bruno suffers from severe migraines due to a motorcycle accident that occurred in Brazil a year ago. Prior to the accident, the couple both worked as chefs at a large hotel in Brasília however, Bruno was unable to continue working full-time due to his health condition. The couple therefore decided that a change of lifestyle was required and relocated to Australia with the hope of running their own hospitality-related business. In doing so, they felt that as they would be in charge of the business, there would be a degree of flexibility in the number of hours in which Bruno would be required to work. Both Bruno and Maria have very limited English communication skills. Furthermore, they have no experience in running a business.

The couple decided to move to Rocklea, a large suburb in Brisbane. Whilst out on an evening walk, the couple noticed a sign in front of a bakery along Ipswich Road, Rocklea, indicating that the business was for sale. After making enquiries, Bruno and Maria signed the contract for the purchase of the business on the 11 December 2017.

A condition of the contract was a seven day cooling-off period during which the couple were able to elect to no longer proceed with the purchase. The next day the couple read from an advertisement in the Westside Times that the Brisbane

City Council had plans to build a light rail line through Rocklea. However, there was no mention in the article as to the proposed route of the line. They were concerned that if the light rail was to be constructed along Ipswich Road, the construction may obstruct access and the view of the shop thereby reducing the number of customers and rendering the purchase of the business unprofitable.

On the 12 December 2017, the couple took advantage of the cooling-off period to investigate whether or not the light rail would indeed be constructed down Ipswich Road. They thoroughly searched the Brisbane City Council website and found no information regarding the light rail route except a notice stating that detailed information regarding the proposed route could be obtained in writing from the council. The couple then emailed the Brisbane City Council Town Planning Department for information regarding the planned route of the light rail and asked specifically whether it would traverse Ipswich Road, Rocklea at the location of the bakery. In making the request, they stressed that they were in the process of purchasing a business along Ipswich Road and unobstructed access was crucial in determining whether it was a viable investment.

On the 16 December 2017, the Brisbane City Council sent a letter and attached certificate, in the mail, indicating that the light rail route would not traverse Ipswich Road. Both documents were signed by a Senior Planning Officer from the council. The cover letter indicated that blocking of access to the bakery by the council would be extremely unlikely to occur in the foreseeable future. In coming to this decision, the Senior Planning Officer relied upon the earlier decision of the Council Planning Committee made two months ago, that the route would pass along Sherwood Rd, several blocks to the north. The Senior Planning Officer however, failed to consider a later decision made by the same committee a month ago, diverting the route south to Ipswich Road. As a matter of practice within the Council, all Planning Committee decisions are distributed to all planning officers. However, the officer concerned did not read the second decision in full as he believed the route had already been decided. These committee decisions are not published online or in a printed form. In light of the information found on the certificate and the cover letter, Bruno and Maria proceeded with the purchase, occupation and operation of the bakery.

One month later the couple decided to purchase additional ovens as they found that they were unable to produce enough croissants to keep up with customer demand. They visited the showroom of King of Ovens which sell both new and second-hand ovens. The couple indicated to a representative, Steve, that they needed to purchase two further ovens in reliable order to bake croissants. It was apparent to Steve that the couple did not speak English well; that they were not experienced in the business side of running a bakery, and that Bruno was in pain due to a health condition. Steve saw this as a great opportunity to sell two faulty ovens that the store had been attempting to sell for several months. Steve sold the ovens to Bruno and Maria for $3000 each, but did not mention that they were faulty. Bruno and Maria purchased the ovens and in doing so, signed a 20-page document which indicated that the purchasers acknowledged that the ovens may or may not be in working order. In fact, the ovens were faulty which meant that the Bakery did not produce a sufficient quantity of croissants to keep up with demand.

Three months later, to their surprise, construction of the light rail commenced along Ipswich Road. As a result customers were unable to access the Bakery during standard business hours when construction was taking place. The couple have estimated that their bakery turnover has declined from an annual turnover of $700,000 prior to construction to $200,000 as the bakery's customers could only access the bakery after construction had ceased for the day.

PART A:

Advise Bruno and Maria whether they are able to take action against the Brisbane City Council for Negligent Misstatement. Consider both the common law and the Civil Liability Act 2003 (Qld) in your answer.

PART B:

Advise if King of Ovens may be liable for breaches of the Australian Consumer Law 2010 (Cth).

Reference no: EM132112200

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Reviews

len2112200

9/13/2018 10:27:29 PM

Student answers to the hypothetical question must be written under the framework of – Issue, Law, Application and Conclusion (ILAC). You will be assessed on: • depth of understanding of the question and identification of relevant ‘Issues’; • accuracy of the ‘Law’ (cases and legislation) used to support arguments; • the extent to which you have applied the law to the issues and argued as required by the question. • correct spelling, grammar and proofreading. Referencing Cases: example – MLC v Evatt (in italics) (year of the case and other details need NOT be provided).

len2112200

9/13/2018 10:27:21 PM

Students may refer to course materials and textbooks to answer the question. This is an individual assessment item and not a group assignment. Accordingly, each student must submit a separate assignment. Faculty policy states that students who are proven to have cheated in the assignment will receive no marks for the whole assessment item. Please read the instructions in Section 6.1 of the Course Profile.

len2112200

9/13/2018 10:27:07 PM

Grammar, Syntax or Spelling 5% Grammatically and syntactically excellent. No spelling errors. Grammatically and syntactically very well presented. One or two (very minor) spelling errors. Few grammatical, syntactical and/or spelling errors. Grammar, syntax and/or spelling are of an average standard. Use of inappropriate language Many grammatical, syntactical and/or spelling errors. Little or no evidence of proof reading

len2112200

9/13/2018 10:27:01 PM

Quality of writing, Sentence structure, Use of paragraphs under Application of Law 10% Quality of writing at a very high standard (ie ideas are arranged in an extremely logical and structured mannerwith correct referencing and paragraph structure) Quality of writing at a high standard (ie ideas are arranged in a fairly logical and structured mannerwith correct referencing and paragraph structure) Quality of writing at a good standard (ie ideas are arranged in a logical, somewhat structured mannerwith correct referencing, but some minor inconsistencies in relation to linked paras. Quality of writing is average. Some problems with sentence structure and presentation(sometimes referenced incorrectly, frequent inconsistencies from one para to the next. Quality of writing very poor. Incorrect form of document, with little coherent structure. Documentappears very confusing, providing little or no references, paras not linked or poorly structured.

len2112200

9/13/2018 10:26:33 PM

Conclusion Give a conclusion which resolves each of the issues identified earlier 10% Accurate, clear and concise links are established between the issue, law, application and the conclusion. Accurate and clear links are established between the issue, law, application and the conclusion. Accurate links can be identified, with some difficulty, between the issue, law, application and the conclusion. Links are established between the issue, law, application and the conclusion, but they are ambiguous. No links are established between the issue, law, application and the conclusion.

len2112200

9/13/2018 10:26:24 PM

Application of Law to the Facts Apply each legal principle to resolve the issues identified in the question 45% Excellence in application of the law (ethical theory) to the question. Arguments are excellent in terms of logical development, clarity and persuasiveness. High standard of application of the law (ethical theory) to the question. Logical arguments developed which are generally clear and persuasive. Reasonable standard of application in applying the law (ethical theory) to the question. Some logical arguments developed but some arguments lack clarity and persuasiveness. Satisfactory standard in applying the law (ethical theory) to the question. A basic level of logical arguments developed but arguments often lack clarity and persuasiveness. Failure to demonstrate a satisfactory standard in applying the law (ethical theory) to the question. Logical arguments not developed arguments unclear and not persuasive.

len2112200

9/13/2018 10:26:18 PM

Understanding of Relevant Law Identify the law which applies to the issues identified above 25% Identification of all of the relevant law (or ethical theory and concepts) to resolve the legal problem (ethical problem) Identification of largely all relevant law (or ethical theory and concepts) to resolve the legal problem (ethical problem) Identification of most of the relevant law (or ethical theory and concepts) to resolve the legal problem (ethical problem) Identification of some of the relevant law (or ethical theory and concepts) to resolve the legal problem (ethical problem) Very limited identification of the relevant law (or ethical theory and concepts) to resolve the legal problem (ethical problem)

len2112200

9/13/2018 10:26:12 PM

7159AFE Principles of Business and Corporations Law Assignment Rubric Criteria Excellent Very Good Good Satisfactory Unsatisfactory Identification of legal issue/s Identify the legal issues in the question. Separate major issues into a number of sub-issues where appropriate 5% Accurately and succinctly identified all of the issues and sub-issues confronting the parties so as to resolve the problem. Identification of all of the issues and subissues confronting the parties so as to resolve the problem. Identification of most but not all of the issues and sub-issues confronting the parties so as to resolve the problem. Identification of some of the issues and subissues confronting the parties so as to resolve the problem. Failure to identify any of the issues and subissues confronting the parties so as to resolve the problem.

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