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Question;BLST2BSL;Business Law ASSIGNMENT TRIMESTER 3 2014INSTRUCTIONS Due date: the assignment is due onWednesday, December 17, Week 10Location;for submission: submit to teacher in your first class of Week;9.Word limit guide:1000 (one thousand);words, including words in footnotes. A word;count - the total number of wordsin;your assignment should be noted on the title pageof;your assignment. Answers with a word count of 40% above or below will be;penalised.Presentation;will be;taken into account when your assignment is marked. Assignments must be typed, double line spaced;andsize 12 font. Ensure that you place;your Name and student number, as well as your Teacher?s name and your Group;number at the beginning of your report. This is in addition to the required ?Statement of Authorship? page.Method;of analysis;You should use the IRAC method of analysis.Reference;material: You may use and cite laws from your textbook but;should also use other references to assist in the analysis of the two case;studies given. ALL laws used to analyse;cases must be cited. Use of lecture notes is not permitted as a reference. Use of precedents is;expected and their source must be cited.Use of online material is;permitted but must be fully cited.Footnotes used should be on a page;by page basis. Do not include a;bibliography.Note that citations form;part of the word length.Use;the CITATION RULES attached on page 4.Total;value:this;assignment is worth40 marks (being;20% of the total result in the unit). The;final examination counts for 60% of the marks in the unit.The marks allocated are;as follows:Presentation and;following instructions given = 8 marksCases 3 (10;+ 12 + 10) = 32 marksTotal;marks = 40 marks / 2 = 20%HOW TO CITE LEGAL AUTHORITYLEGISLATIONWhen;referring to an Act of Parliament the statute?s title should be in italics,for example:?;Section 18 of the Goods Act 1958(Vic) or?;The Goods Act 1958 (Vic) s 18 or?;The Competition and Consumer Act 2010 (Cth) Schedule 2, Australian Consumer Law s 54An abbreviation for later reference to the;same act can then be use, for example:?;S 18 GA?;ACL s 54CASESWhen;referring to the common law the case should be provided and in italics,for example:?;Causer v Browne (1952) VLRBOOKSThe citation of a book should identify the;author?s first-name initials and surname(s), the title of the book in italics;the publishers details ? name, place, date of publication, and finally the page;number that is being quoted or used.[1] Refer footnote 1 below.ONLINEThe citation of an online authority should;name the authority in addition to giving that authority?s web address and link;for;example:?;Australian Competition and;Consumer Commission (ACCC);POINTS?;Full citations are required;only once. Do not repeat full citations.?;If a citation is identical to;the one immediately preceding it, then use the phrase ?ibid? or ?id?, for;example: [2]?;If citing a different page for;the same source then add the different page number, for example: [3]?;If a citation is identical to;one that has been previously cited but not the;immediate preceding one, then simply repeat the author?s surname and the;footnote number that records the full citation.?;Use footnotes on a page by page;basis, no bibliography is required.Case 1.;Peter recently graduated from University and now wishes to start a new business;importing electrical goods from China.;He intends to resupply these electrical goods to Australian retailers. Peter is;23 and has no financial resources so asked his elderly uncle Ji, to assist him.;He asks Ji to take out a loan of $200,000 from Ji?s bank. Peter assures Ji there is no risk and he;(Peter) will repay the loan each month. Ji migrated to Australia from China 20 years ago but still has;difficulty in understanding English. He;has had no business experience himself but worked hard in a manual labouring;job to finally buy and pay for his own house in Bundoora currently valued at $480,000. Ji, has become very dependant on Peter for;financial and legal advice, so agrees to his request. The XZA Bank Pty Ltd agrees to lend;Ji $200,000 but require that he enter a mortgage contract as security for the;loan. The bank manager fails to advise;Ji of the consequences if he fails to repay the loan. The manager is aware that;Ji has no other assets and is dependant on the old age pension for all living;expenses. The Bank manager wishes to;complete the contract of loan quickly as he is going on 3 weeks holiday and;asks Ji to sign the loan contract immediately.;Ji wants to check the details with Peter, but the Manager persuades Ji;to sign the contract so he is unable to obtain any independent advice as to the;details of the loan contract. The loan contract details the monthly;repayment at the amount of $1,500 with the house used as security in case of;default by the borrower. After six;months, Peter?s business has failed and neither he nor Ji can continue the;monthly loan repayments. XZA Bank Pty Ltd now advise Ji that they will start;legal action to recover the outstanding amount of the loan by selling his house;as agreed in the loan contract he signed.Advise;Ji of any common law action he could use to prevent XZA Pty Ltd selling;his house.(12 marks)Case 2Lauren was employed as a;professional model. All her life she had;suffered from a severe allergy to chemicals found in cosmetic products and;therefore only used products with natural ingredients. A week before her wedding day she went to a;Beauty Parlour for a facial. She;informed Pippa, the owner of Just Beauty;Pty Ltd, of her severe allergies to chemically based beauty products and;told her that she could only use products made from natural ingredients. Pippa;said that she could provide a beauty treatment for Lauren?s requirements.;Relying on this assurance from Pippa, Lauren agreed to the suggested treatment.;Nina, an employee beautician was allocated to do Lauren?s facial. Nina had poor;language skills and had not clearly understood Pippa?s instructions and used a;mild chemical based facemask on Lauren. Pippa failed to supervise Nina and four;hours later Lauren developed an allergy. Her face became very swollen and her;skin split in several places. She had to postpone her wedding day and forfeit;the deposit of $25,000 for the;reception. She also incurred medical;costs totalling $900. Due to the;permanent scars on her face, Lauren would be unable to continue her modelling;profession. When Lauren enquired about;compensation from Pippa, she was told that the clause ?No liability for any damage or injury however caused to clients by;unsuitable treatment will be accepted by management.? Advise;Lauren about her possible success in legal action for compensation using the;Australian Consumer Law (12;marks)Case 3Vince won the Melbourne Grand Prix in;2013. He signed a contract with Oz-Oil Ltd. to display their trademark on the;front of his racing car at all Australian Motor Racing events that he would;participate in for the next four years.;This was estimated to be 10 major events each year. The agreed;consideration for this contract was $255,000 per year, payable once at the end;of each year. The colour of the trademark of Oz-Oil was green and yellow on a;white background. The trademark colours;were chosen to emphasize the Australian ownership of Oz-Oil Ltd. and were perfect for the display on Vince?s;white car, but before the end of one year he purchased a new car, coloured;green He changed the trademark colour to white and brown so the trademark would;still be noticed. Several directors of Oz Oil Ltd. noticed the change at an;event in which Vince was competing and were most unhappy. A week later they;terminated the sponsorship contract and refused to pay any money to Vince. They claimed that Vince had changed the;colour of the trademark substantially, which was a breach of contract. Vince is;very upset because it cost $1,500 to put the trademark on the new car and he;had recently rejected an offer from another company to display their;trademark. He doesn?t believe that Oz-Oil;Ltd is entitled to terminate their contract. Use;the common law to advise Vince of his legal rights. (10 marks)Car;1 OZ-OILCar;2 OZ-OIL;[1] T Ciro, V Goldwasser, R Verma;Law and Business,Oxford University;Press, Melbourne 2011, Page xx;[2] Ibid;[3] Ibid at 62;="msoheading7">


Paper#58847 | Written in 18-Jul-2015

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