Reference no: EM131636329 , Length: word count:3000

AUSTRALIAN COMMERCIAL LAW ASSIGNMENT

PART A - Using the resources of Module 1 and Workshop 1 in Week1 your tribe developed a constitution. A few years later a group of 20 families from a nearby area who speak your language join your tribe and do not know the rules of the tribe. Explain how you would introduce and enforce the rules of the constitution for the benefit of this new group and your tribe. Be sure to refer to Hart's analysis of legal rules in the answer.

PART B - Research Question

"If a legal system in Australia under which people and businesses operate and live is to be effective and have widespread acceptance a number of key features should be present." What features of the Australian legal system could be relevant here. Use requirements for Hart's 3 part legal system as a starting point. Apply examples from the Australian legal system to support the analysis.

PART C - In this part, your task is to research an Australian case relating to the common law part of the essential element topic of genuine consent and report to your supervising partner (your boss!) on the significance of the case to the Australian law of contract. The contracts' topics can assist, particularly areas of Week 6 resources.

Contract law requires that parties enter agreements freely and voluntarily. Your choice must be an Australian case referred to in either the textbook or the Class Notes. Please note that some cases in the Class Notes are not in the textbook may be found in alternative textbooks on Business Law, Contracts' Law or Commercial Law. Your assignment must include a full reference for the case.

The report should use the IRAC method as a structure- Issue, Rule, Application, Conclusion and remedies.

This structure requires you to set out clearly and in an organised way these matters arising from the court's decision:

-Identify the common law legal issues in dispute. What were the broad areas of contract law that are relevant here?

-Explain the principles of law, the rules that the court applied and which were relevant to deciding the issue.

-Apply the relevant law to the facts. Explain how the court applied the relevant law.

-Conclusion and remedies- after the above stages how did the court reach a conclusion on the facts of the problem. Be sure to consider the remedy or remedies for the successful party.

PART D - Ram is an Australian businessman who owns three coal mines in northern Queensland. He has a 10 year contract with Betty to supply her 400 tonnes of coal on or before the 20th day of each month of the contract.

Betty uses the coal in her steelworks.

The contract started in 2014 and has proceeded smoothly.

However on 31 July this year Ram realises that because of heavy rains in the past two weeks all of Ram's mines are flooded and he will not be able to supply Betty the contracted amount of coal from August to December 2017.

He communicates the bad news to Betty on 31 July. In fact he will not have any coal to supply to Betty until January 2018 and he advises her of this.

Advise Betty using the IRAC method what choices she has. Is she entitled to terminate the contract? What do you think she would do in these circumstances? Be sure to comment on possible remedies. You do not need to discuss the formation of a contract topic here. Assume that a valid enforceable contract exists between the parties.

It is essential that you refer to relevant cases to support the analysis.

The IRAC method- Issue, Rule, Application, Conclusion and remedies- requires you to set out clearly and in an organised way these matters:

-Identify the common law legal issues in dispute. What are the broad areas of contract law that are relevant here? Explain the principles of law, the rules, that apply and which are relevant to deciding the issue.

-Apply the relevant law to the facts. You may need to consider more than one approach here. There is not always one clear way.

-Conclusion and remedies- after the above stages reach a conclusion on the facts of the problem. Be sure to consider possible remedies for the innocent party.