Reference no: EM132199872

Foundations of Business Law

Part A (20 marks) approx. 1000 words)

Locate the full law report for the case referred to below at the Australian Legal Information Institute site. Do not use a summary. Please be very careful that you find this particular case. The citation of the case is important. See the text in chapter 4 for general assistance.

Most parts of the Part A answers can be taken from the case but you may also do further research or refer to Moodle materials in your assignment.

Alameddine v Glenworth Valley Horse Riding Pty Ltd [2015]

NSWCA 219 (29 July 2015)

Read the case and answer the following questions. Use complete sentences.

1. In what court was this case heard and how did the case reach this court?

2. Is this case a civil or criminal case? Which party bears the onus of proof in the present case?

3. In your own words briefly outline the main legal issues in this case. The case, prescribed textbook and other research will be helpful.

4. Identify the legal arguments of the appellant

5. Explain how the doctrine of precedent and the hierarchy of Australian courts are illustrated by this case.

6. Explain how this decision's treatment of exclusion of liability clauses could affect a business in its operations adversely.

7. Do you think the outcome of this case is fair? What business law lessons did you learn from reading this case?

Part B

1. (a) Minu offered to sell her car to Jake for $40,000. Jake said that he would need some time to think about it and would get back to her. After 4 days Jake called and said that he accepted Minu's offer. Minu informed Jake that since she had not heard from him she had sold the car to Ken. Advise Jake as to whether or not he is entitled to the car.  (approx. 300 words)

(b) Jenny misplaced her phone at work and looked everywhere but could not find it. Annoyed with herself Jenny placed a reward notice, for $100, on the office notice board. The next day her fellow worker, Chloe, found the phone and returned it to Jenny. Chloe was not aware of the reward notice. Jenny is very pleased and agreed to pay the full amount of the reward to Chloe. However overnight after thinking things over Jenny changed her mind and advised Chloe that no reward would be paid. Is Chloe legally entitled to the reward? (approx. 300 words)

2. (a) Clint was illiterate and living on a pension when he allowed Joe, a vacuum cleaner salesman into his home. Joe, who knew about Clint's disability, did not give Clint the chance to get independent advice before a contract to buy an $850 cleaner was signed. The salesman filled in the contract details and did not explain them to Clint. Advise Clint as to whether he can obtain a remedy under the Australian Consumer Law. Do not discuss the common law. (approx. 300 words)

(b) Talisman Pty. Ltd operated a retail clothing store and in September ran print and television sales' advertisements offering "25-40% off every item of clothing for the month of October." The advertisements contained a warning in very small print that the "offer" excluded underwear, socks and sports clothes. Could the ACCC take action against Talisman Pty. Ltd and advise whether it could obtain remedies under the Australian Consumer Law. Do not discuss the common law. (approx. 300 words)