Explain the various elements of the australian legal system

Assignment Help Business Law and Ethics
Reference no: EM132928445 , Length: 2000 Words

HA2022 Business Law - Holmes Institute

Learning Outcome 1: Explain the various elements of the Australian legal system, such as the sources of Australian law, the jurisdiction of Federal and State Courts and the doctrine of precedent.

Learning Outcome 2: Possess a working knowledge of the tort of negligence, contract, consumer protection, insurance and employment law. Prepare, analyse, and interpret transaction data and financial statements for data-driven decision- making;

Learning Outcome 3: Apply the legal knowledge to factual situations, through written and/or oral communication, to achieve a reasoned conclusion. The ability to identify the relevant legal issues from a factual situation and the application of statute and case law involves the use of problem solving and decision-making skills.

Question 1 Having established duty, breach and damage, is the defendant liable for all the damages suffered? Discuss.

(Word limit: Minimum of 300 words. Maximum of 400 words)

Question 2 Thomas, a poor university student, and his millionaire Dad enter into an arrangement where Thomas agrees that he will keep the front and backyards of the family property mowed, and he will ‘do a bit' to keep the gardens looking tidy. In return, his Dad agrees to pay him a weekly allowance of $200. His Dad had previously used a garden contractor to do the job and paid him $350. They live on a large property, and the mowing alone takes half a day a week. After four weeks, Thomas's Dad tells him that he can't afford to pay $200 a week. He says that Thomas should be doing the work for nothing, as it is the responsibility of the whole family to look after the property; besides, he says, Thomas is getting free board and lodging. Advise Thomas on whether there is a contract between him and his Dad which the court will enforce.

Required:

Answer this question using the IRAC * method.

(Word limit: Minimum of 300 words. Maximum of 400 words)

Oliver, while he was so drunk that he didn't know what he was doing, bid successfully at an auction for the purchase of a house. It was clear to the auctioneer that Oliver didn't know what he was doing. However, after Oliver sobered up, he confirmed the contract with the auctioneer. He then subsequently refused to complete the contract. Is Oliver bound to the contract?

Required:

Answer this question using the IRAC * method.

(Word limit: Minimum of 150 words. Maximum of 250 words)

Question 4 

Required:

A. Does a contract have to be in writing?
B. List three types of terms in a contract.
C. Distinguish terms in a contract from a representation.

(Word limit: Minimum of 50 words. Maximum of 150 words)

Question 5

Required:
A. Define ‘acceptable quality' according to s 54 (2) of the Australian Consumer Law (ACL).
B. What arguments can a seller put forward for limiting the scope of section 54 on acceptable quality found in the Australian Consumer Law (ACL)?

(Word limit: Minimum of 300 words. Maximum of 400 words)

Question 6

Required:

A. Identify the four (4) key terms in Insurance Law.

B. Briefly explain what indemnity means in Insurance Law.

C. Briefly explain what the ‘doctrine of subrogation' means and discuss its effect on the parties to an insurance contract.

(Word limit: Minimum of 200 words. Maximum of 300 words)

Attachment:- Business Law.rar

Reference no: EM132928445

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