Part A:Locate the full law report for the case referred to below at 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.
LAWS11030 Foundations of Business Law Assessment-CQ University Australia.
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.
Read the case and use complete sentences to answer the following questions:
1.In what court was this case heard and explain where this court is situated in the Australian court hierarchy?
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 key areas of contract law that are examined in the case.
5.Select one of the Australian cases cited in Dockside Fitness Pty Ltd and explain how it connects with the study of contract law in the unit.
7.Explain how the treatment by the court of contract issues in Dockside Fitness Pty Ltd could adversely affect the operations of a business.
8.Explain whether 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
1.(a) Min receives an advertising catalogue in the post from a nearby electronics’ shop, Tu Pty Ltd, offering a new laptop for $200. This is an error. The price should have read $750. Min goes to the shop and advises the owner that she accepts the offer. The owner of the shop refuses to sell the new laptop at the advertised price. Applying common law contract principles only and ignoring the application of the Australian Consumer Law, can Min demand that the company sell the laptop to her for $200? Use case examples and legal principles to support the analysis in the answer.Do not discuss statute law.
(b) Gina is an elderly woman who lives in Brisbane. She cannot speak or read and write English very well. Early this year she visited her bank, Wuss pac, and signed documents which her bank manager,Ian, said were general papers relating to her savings account. A month later Gina found out that she had signed mortgage documents over her house guaranteeing the debts of her grandson and his business.Gina is shocked to find out the bank could sell her house to pay her grandson’s business debts. She
wishes to stop the bank. Advise how Gina can prevent the bank from enforcing the signed agreement.Use case examples and common law contract legal principles to support the analysis in the answer.
2.(a) Shoes R Us Pty Ltd is based in Melbourne and imports shoes to sell in its retail outlets. It sells and promotes wonder shoes that it claims strengthen muscles in your legs if you wear the shoes each day. This is not true and the claims cannot be substantiated. In the early months of this year Shoes R Us Pty Ltd advertise these shoes
online and through media and claim that the shoes have these special characteristics. Could the ACCC take action against Shoes R Us Pty Ltd and advise whether it could obtain remedies against the business under the Australian Consumer Law. Use cases, remedies, and statute sections in the analysis.
LAWS11030 Foundations of Business Law Assessment-CQ University Australia.
(b) Henry operates an antiques business in Rock hampton known as Henry Woods Pty Ltd. He is aware that genuine antique furniture are big sellers and attract high prices. He arranges with his nephew, Ben,to manufacture multiple new copies of antique tables. Henry advertises this new stock as antique and makes many sales. Explain whether Henry and his business have breached the Australian Consumer Law. Use cases, remedies, and statute sections in the analysis.
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 Part A. Q 1(b)) or Part B 2 (b) 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 should be answered in the following format:
1.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.
2.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.
3.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.
LAWS11030 Foundations of Business Law Assessment-CQ University Australia.
4.Remedies/Conclusion: what are the likely orders the court will grant.
Chapter 4 in the text at pages 139-141 and other Moodle resources in the Assessment Items’ section can assist.
Remember that the Academic Learning Centre can assist at the nearest campus and online with organizing the structure of the assignment answers and its connection to the set questions, language use, referencing and the use of Turnitin and similarity issues.
LAWS11030 Foundations of Business Law Assessment-CQ University Australia.
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