Identify legal issues arising out of novel factual situation

Assignment Help Business Law and Ethics

Reference no: EM131008703

Task - You must use the ILAC (Issue,Law,Application,Conclusion) format when writing your answers.

***If you anticipate the need to apply for an extension, please read the rules on extensions in this Subject Outline before doing so.***

ASSIGNMENT 1:

Peter owns a construction business. He needs a truck to transport building materials. Each truck he uses earns him profit of $ 10 000 per week. Peter contacts Wendy, who owns a fleet of trucks. They have several telephone discussions about a Mercedes Benz 5000 truck that Peter is interested in buying. During one of these discussions, Peter asks Wendy whether the truck has a heavy duty suspension, explaining that he needs to transport bags of concrete to construction projects in rural areas. Wendy says that it does, without checking its specifications. Peter posts Wendy a letter containing a contract in which he offers to buy the truck for $ 300 000. The contract reaches Wendy on 5 November. She signs the contract at the space indicated for acceptance, and puts the acceptance into the post on 7 November. On 8 November, Peter phones Wendy and says "I haven't heard from you and I've had second thoughts, so I am revoking my offer to buy the truck". Wendy says "Too late, I'm delivering it today". Later that day, she delivers the truck to Peter's premises. Peter notices that the truck does not have heavy-duty suspension, and refuses to pay for it. Wendy's letter of acceptance reaches Peter only on 10 November. Wendy has now sued Peter for $ 300 000. Because it is a busy time of year for the trucking industry, it takes Peter two weeks to find another truck to use for his business. Advise Peter as to his legal position, examining all relevant legal issues that could arise from these facts.

**Please check that you have complied with the rules contained in the Style Guide before you submit your assignment.**

Rationale

This assessment item will allow you to demonstrate your ability to

• engage in legal research;
• identify the legal issues arising out of novel factual situations, to analyse the applicable law and to differentiate between which rules are applicable and which are not and then apply the law to the problem;
• explain and summarise the applicable law in such a way as to create a report for a client which states what liabilities arise from novel factual situations

And more specifically

• your knowledge of the law of contract formation and the law relating to factors affecting the validity of agreement

• your ability to undertake an assessment task relevant to the workplace and professional practice.

• Presentation

• Please comply with the following Style Guide:

• 1. Do not re-state the question.

• 2. Use 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. If you are referring to a book with more than one author, the in-text reference would be as follows: (Smith et al, 2002, p. 78).

• 6. An in-text reference to the subject's Modules should be structured in brackets as per the following example - obviously you will alter the reference depending on the subject, year of study and Module number : (CSU LAW220 Modules, 2015, Topic 7).

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

• 8. 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").

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

• 10. 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.

• 11. 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...'. The abbreviation for 'section' in the middle of a sentence is 's'.

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

• 13. You must put page numbers on your assignment.

• 14. 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.

• 15. You must end your assignment with a bibliography that is divided into three separate parts, listing statutes, cases and books / articles / on-line Modules.

• 16. A listing of a book in a bibliography should appear in accordance with the following format: Latimer, P (2010). Australian Business Law, 29th ed, North Ryde: CCH. If listing a book with multiple authors, do so as follows: Heilbron, G, Latimer, P, Nielsen, J and Pagone, T (2008). Introducing the Law, 7th ed, North Ryde: CCH.

• 17. When listing statutes at the end of your assignment 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.

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

• 19. When listing article conform to the format: Jones, J 'The new analysis of law' (2010) 4 Journal of Recent Law 34.

• 20. When listing CSU Modules conform to the following format: CSU LAW220 Modules.

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

Words length 1000 words and Here with I attached my university modules.

You must refer this modules. Don't take any reference from any other books or internet.

For this Task, Please Refer Topic 5 & 6 in attached module

Length: 1000 Words

Reference no: EM131008703

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