Reference no: EM132920052

HA2022 Business Law

Question 1

In the court case Donoghue v Stevenson [1932] AC 562, explain why Donoghue sued in tort and not under contract law.

(Word limit: Maximum 200 words)

Question 2

List at least four (4) factors that the High Court of Australia would consider in trying to determine whether the parties intended an agreement to be legally binding. Explain differences in how courts view commercial or business agreements as compared to non-commercial agreements.

(Word limit: Maximum 250 words)

Question 3

Under what circumstances will an apparent invitation to treat situation become an offer?

(Word limit: Maximum 250 words)

Question 4

Name the four (4) key concepts underlying insurance law. From the four (4) key concepts you have provided, provide a brief explanation of one (1) key concept underlying insurance law.

(Word limit: Maximum 150 words)

Question 5

Mozart, aged 13, is a piano virtuoso. He has signed a four (4)year contract with Beethoven to learn specific piano techniques to improve his skills. The terms of the contract stated that:

a. Beethoven would teach Mozart piano free of charge;
b. During the four (4) year period, Mozart could not accept performance engagements for the piano other than those under Beethoven; and
c. Beethoven would employ Mozart to perform on stage for at least two (2) paid performances per year.

Mozart accepted a performance engagement from Johann, to highlight his skills on the violin, as his income from Beethoven's employment was insufficient for his support. As a result, Beethoven now wishes to sue Mozart for breach of contract.

Required:
Advise Beethoven.

Question 6

Clare bought a second-hand car from Canberra Bargain Hunters for $7,000 and spent a further $1,000 on having it overhauled. After using the car for five (5) months, the Canberra police arrived at her home one day and asked to examine the car. They discovered it had been stolen and seized it from her. It was eventually returned to its' true owner.

Required:
Advise Clare of her rights, if any, underAustralian Consumer Law(ACL) against Canberra Bargain Hunters.

Note: You must answer this question using the IRAC method according to Australian Consumer Law (ACL).

Attachment:- BUSINESS LAW.rar