Reference no: EM132371353
Objectives - This assessment item links to the course objectives as stated in the Course Profile.
Details
This assignment is to be submitted in one (1) Word document only. The assignment is to be submitted online via Moodle by the due date stated.
The method of referencing to be used in this assignment is either the American Psychological Association (APA) referencing method or the Australian Guide to Legal Citation, 3r ed. See the resources on Moodle.
Additional information regarding this method is available through the library and the Academic Learning Centre. When making a reference, cite the original source or authority in preference to a secondary source such as the textbook, especially when you are discussing various sections of legislation.
This means you should make reference to legislation and cases as a priority to support any arguments in the analysis.
A bibliography at the end of the assignment is required but it will not be part of the word count.
Support Part A and B answers with case and/or statute references to support the analysis where relevant.
Part A 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.
Ford & Anor v La Forrest [2001] QSC 261
Read the case and answer the following questions. Use complete sentences.
In what court was this case heard and explain where this court is situated in the Australian court hierarchy?
Is this case a civil or criminal case? Which party bears the onus of proof in the present case?
In your own words briefly outline the main legal issues in this case. The case, prescribed textbook and other research will be helpful.
Identify the essential elements in the formation of a valid enforceable contract that are examined in the case.
Select one of the Australian cases cited in this decision and explain how it connects with the study of contract law in the unit.
Explain how the set case's treatment of contract issues and statute could affect a business in its operations adversely.
Do you think the outcome of this case is fair? As part of preparation for aspects of the answer discuss this question with work colleagues or family members. What business law lessons did you learn from reading this case?
Part B
(a) Margaret owned an antique furniture shop in Brisbane. The business operated successfully. In 2017 she asked her adult daughter, Sally, to work in the shop without pay for three years and at the end of 2020 Margaret would transfer the shop and stock for free to the daughter. In June 2019 the mother and daughter argue and the mother without warning sells the business to a regular customer, Ben. Explain whether Sally can enforce the contractual agreement against Margaret. Do not discuss statute law.
(b) Fletcher was illiterate, had only limited business experience and had serious health problems. Stan was his best friend and his lawyer and Fletcher relied on him for advice, comfort and friendship. Fletcher signed a document that Stan advised was permission merely to keep horses and cows on the land for a short time. Fletcher has found out that the document was really a transfer of title of the land to Stan. What rights does Fletcher have? Do not discuss statute law.
(approx. 300 words)
(a) Sydney Cleaners Pty. Ltd (SC) agreed to clean a wedding dress for Susan. A sales assistant gave her a receipt and advised Susan that it was just confirmation of the agreed cleaning price. On the back of the receipt unknown to the customer there was a term in very small print stating that Sydney Cleaners was not responsible or liable for any damage done to a dry-cleaned item. When Susan collects the dress it is badly burnt. The sales assistant tells her that the contract term on the back prevents any customer from suing the dry-cleaner.
Advise Susan as to whether they can obtain a remedy under the Australian Consumer Law. Do not discuss the common law.
(approx. 300 words)
(b) Uncare Pty. Ltd (Uncare) operates aged care centres around Australia. In 2018 Uncare promised current and future customers that all of its centres had extra services including air-conditioning, physiotherapy rooms, leisure activity spaces, large talking book libraries and smart room technology systems. For these extra services Uncare charged additional fees. In fact almost all of its centres did not have these services and facilities.
Could the ACCC take action against Uncare and advise whether it could obtain remedies under the Australian Consumer Law. Do not discuss the common law.
(approx. 300 words)
Assignment Format
Greetings: below are some points that you may find useful as to how your assignment can be presented.
Do not type out the full assignment questions. List the answers with number (A Q 1(b)) or B 2 before the answers.
Support Part A and B answers with case and/or statute references to support the analysis where relevant.
For Part A, there is no particular format. 1000 words are the guide with twenty marks on offer. Allow say 50 words per mark as a general guide. You have to number your answers clearly and use complete sentences.
As for Part B the legal problem questions can be answered in the following format:
Issue: what is the legal problem/legal topic that needs to be addressed based on the facts of this case. Generally, I like to put the issue in the form of a question so that in my subsequent analysis will answer back to the issue.
The law/rules: the second step is look at what are the legal principles that are relevant to the issue. In this section, you need to support the law with relevant cases and proper citations and outline the relevant principles that come out of these cases. Referencing APA or AGLC/legal is acceptable. You only need to provide one form of referencing.
Application of law to the facts of the case. In this paragraph(s), you dissect and discuss the facts of the case, apply the law and finally determine the outcome of the case. The outcome may be that the parties have or have not reached a legally binding agreement. Generally this goes back to the issue.
Remedies/Conclusion: what are the likely orders the court will grant.
Please remember that if you require an extension on your assignment, you need to apply online. If the reason for your extension is related to an ailment, a medical certificate should be attached. Poor time management is not a valid reason for an application for an extension.