Reference no: EM133177731 , Length: 1500 Words

LEGL1003 Introduction to Business Law - Southern Cross University

Question 1: For each of the following four parts:

a) Duty of care

b) Standard of care

c) Causation

d) Defences

You are required to:
• Cite a case where this was a significant issue before the court
• In your own words, summarise the facts of that case
• In your own words, summarise the court's decision in that case

Question 2: (recommended - 350 words)
Part 3 - 5 of the Australian Consumer Law (ACL) provides a different approach to that of the common law tort of negligence.
• How is it different?
• Which approach would you recommend to someone who has suffered personal injury as a result of a defective product?

You will be marked according to
• The accuracy of your description of the differences between the two approaches and
• the quality of your explanation of the reasons for your choice.

Question 3: (recommended - 250 words)

Has there been valid offer and acceptance in each of the following situations? You are only required to:
• answer yes or no
• explain the reason for your answer
• cite the relevant rules and cases

a) Tom sees Emily polishing her car as he is walking his dog. Tom says to Emily, "Nice car! What would you sell it for?" Emily replies, "The least I'd sell it for would be $4,000." Tom immediately says, "I accept your offer!"

b) Bill takes a bottle of wine from a shelf in his local liquor store and places it on the counter. He says to the attendant, "It's very expensive but I'll buy it, anyway."

Question 4: (recommended - 250 words)

Cate emails Charlie offering to sell her 2018 BMW car to him for $10,000. Cate tells Charlie that she will wash the car and vacuum the inside as part of the deal. Charlie emails back to Cate, stating, "I accept your offer to sell your 2018 BMW which you will wash and vacuum. I will pay the $10,000 in four monthly instalments of $2500 per month, the first occurring the day I take possession of the car".

Cate then emails Charlie and tells him she has changed her mind and won't be selling it to him. Charlie is very unhappy so he has come to you seeking legal advice as to whether he would be successful if he sued Cate for a breach of contract.

a) What is the legal issue?

b) State in full the relevant rule.

c) Name (with full case citation) a relevant case.

d) What is your answer - will Charlie win? (Yes or No) Explain the reason for your answer.

Question 5: (recommended - 250 words)

On February 10 Paul and Janice enter into a contract where Paul agrees to sell Janicehis complete Beatles' vinyl record collection for $500. On February 15 Jan arrives at Paul's home for the exchange. Before Paul and Janice complete the transaction they discuss their favourite songs and albums and Janice asks if this collection includes the lyrics to earlier albums such as With the Beatles. Paul assures her that the lyrics of all the songs are included. Janice hands over the money and drives home, eager to enjoy her new acquisition. As she looks through the collection of albums she notices that the lyrics to songs from the later albums are there but not the earlier ones including those for With the Beatles.

Janice is very unhappy so she has come to you seeking legal advice as to whether she would be successful if she sued Paul for a breach of contract.

a) What is the legal issue?

b) State in full the relevant rule.

c) Name (with full case citation) a relevant case.

d) What is your answer - will Janice win? (Yes or No) Explain the reason for your answer.