Commercial Law

Commercial Law
Student
Assessment Booklet
Name:
Date:
Manual Version Number:
Please note: It is a requirement for students to make their submissions using this electronic assessment booklet. At the facilitator’s discretion any submissions made in another format may not be accepted. If you are completing the course via various computers, please save the one booklet on a USB so you can send the submission in using the one file
Getting Started
Please insert your NAME, DATE and the Manual Version Number on the first page of your Assessment Booklet.
Answering Assessment Questions
Each Assessment Booklet contains blank spaces for following assessment items:
• Short Answer Questions
When submitting Assessment Booklets for marking, please ensure that the entire booklet is completed.
Short Answer Questions
Using the space/s provided, please complete your answers making sure to:
• Please restrict your answers to no more than 300 words per question
• Please include any calculations that you used to reach your answer
Referencing Your Answers
Students undertaking the course must exhibit a range of skills in order to be confirmed as competent in their course. These skills include:
• Understanding a question.
• Possessing knowledge about the issue, which in some assessments includes locating information from references.
• Providing an answer, this shows personal understanding.
Please make sure that all assessments are documented in a way that exhibits your personal study and/or research. To that end would you please acknowledge all material and sources used in the presentation of your assessment whether they are books, articles, reports, Internet searches, or any other document or personal communication. For example if:
• An idea is sourced; reference it e.g. (Bagra 2010).
• You are directly quoting, wrap it in quote marks e.g. “Tom Horner sat in a corner” (Peters 2007 page 7).
• You are quoting from the internet include quote marks and the web reference e.g. “ban on conflicted remuneration structures including commissions” http://futureofadvice.treasury.gov.au/content/Content.aspx?doc=reforms.htm accessed on the 28th of December 2012.
Please note that no more than 5% of direct quoting which is referenced is deemed to be acceptable and no amount of direct quoting without referencing is deemed acceptable. Any direct quoting should form only a small portion of any answer and the answer should demonstrate the student understands and can interpret the question and provide an appropriate answer.
Whilst this will require more work for you I hope you will understand that we are trying to maintain high standards and support your progression into further qualifications.
Document Naming Instructions:
Save this file to your computer and please use the following protocol when naming the file;
SUBMISSION this relates to the number of times the file has been submitted. For example, your first submission would be S1, with any re-submission the file name should be recorded S2.
Note: If you are submitting handwritten assessments all questions must be completed in blue or black pen. If assessments are received in pencil or with illegible handwriting, a resubmission will be required.
Note: It is your responsibility as a student to keep a copy of all assessment submissions. IIT do not take responsibility for the loss of any submissions.
Distance Education Students
Student Declaration
I understand that by completing this form I am bound by the following declaration.
To the best of my knowledge and belief, no part of this assignment for the above unit has been copied from any other student’s work or from any other source except where due acknowledgment is made in the text, or has been written for me by another person.
Name: Date:
Short Answer Question 1:
A business agreement was drawn up between the parties, containing a clause which specifically stated there was no intention to create a legally binding agreement and that it was merely a record of the express thoughts of the parties concerned. In summary, the written understanding between them was not entered into as a legal agreement but was merely an honourable pledge based on mutual loyalty and friendly co-operation. One of the parties then used the agreement as the basis for a breach of contract action.
Explain whether an intention to create legal relations existed.
(Explain the operation of the Australian legal systems and processes relevant to contract and consumer law).

Short Answer Question 2:
Identify the main branches of law which are of most concern and relevance to people engaged in business. Explain the reason for your selections.
(Explain how laws are enacted and their underlying policy aims, and how those laws may be interpreted by existing common law and equitable rules, and apply to property laws).

Short Answer Question 3:
James sold his 1965 e-type jaguar car to Shirley for $18,500. During the negotiations James claimed that the car was actually a 1963 model, which were rarer, and therefore more valuable.
Shirley, who was 17 at the time of purchase, bought the car on the understanding it was the 1963 model.
Are all the elements of a valid contract present? Explain your answer.
(Examine legal concepts and scope of contract law).

Short Answer Question 4:
Harris chose and paid for a 4-man tent from Smith’s Camping Equipment Co. Harris asked Smith, whose store closed at 6pm, to leave the tent outside the store front door, so he could pick it up about 6.15pm. Smith asked a café owner opposite the front door to watch over the tent. However, it was stolen at about 6.10 pm which the café owner was talking to one of his customers.
Harris wants to claim the purchase price from Smith.
Explain who, if anyone, is liable for the loss and why.
(Describe legal concepts and scope of consumer law).

Short Answer Question 5:
Arthur owns a property with a large back yard that is usually lit at night by bright floodlights. For months he has been asking local teenagers to stop using his yard as a ‘short-cut’ to the bus stop, but they continue to ignore him.
Arthur decides to install an in-ground swimming pool. Last Saturday night, after the pool contractor has spent the day excavating a large hole, Arthur decided not to switch on the floodlights. At 11 pm, one of the teenagers, Gerry, fell into the hole and suffered serious injuries.
Explain whether Arthur is likely to be liable in negligence.
(Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts, particularly relating to negligence and negligent misstatement).

Short Answer Question 6:
Harriet went to Maurice’s computer shop for the first time and left her expensive laptop computer to be cleaned and upgraded. The shop was burgled, despite Maurice’s extensive security measures.
Maurice is a sole trader and does not have any insurance to cover the theft. He draws Harriet’s attention to a small sign in a dimly lit corner of the shop which says ‘No liability accepted’ and to an exclusion clause printed in small letters on the back of the receipt for the laptop. It states, in legal terms copied from the internet that he will not be liable for loss or damage to goods left for service or repair under any circumstances.
Discuss, giving your reasons, if Harriet will succeed in gaining compensation from Maurice for the lost laptop.
(Examine legal concepts and scope of contract law).

Short Answer Question 7:
The sales manager at Harry’s Used Cars Pty. Ltd. advertised a 2013 Holden Calais ‘in excellent condition’ for $10,500. The advertisement also stated that a number of ‘good quality’ cars were being sold for prices ranging from $8,000 – $16,000.
In fact, the Calais advertised at $10,500 required considerable body repairs and a complete paint job, and the next cheapest car was priced at $14,000.
Briefly explain which provisions of the Trade Practices Act have been breached.
(Describe legal concepts and scope of consumer law).

Short Answer Question 8:
Thomas, a salesman, enters Jimmy’s yard even though there is a sign outside that says “No salespeople allowed’. Jimmy, who is much smaller than Thomas, threatens him with a broom handle. Thomas wrestles with Jimmy and in the process damages a valuable antique chair on the front porch.
Advise each party of their legal rights.
(Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts).

Short Answer Question 9:
Explain the term ‘strict liability tort’, providing an illustrative example.
(Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts).

Short Answer Question 10:
Hopwood Investments Ltd is a large Western Australian company, which owns and operates many hotel and restaurants throughout Australia.
GastroFood Ltd, a food and catering business whose headquarters are in Sydney, supplies goods commonly used by businesses, such as Hopwood Investments Ltd.
On September 1, 2015, GastroFood Ltd sent an email to Hopwood Investments Ltd, which read:
-Can offer latest Speedy Rice Cookers at $100 each.-
On October 1, 2015, Hopwood Investments Ltd emailed a reply stating: -Will have fifty. Need delivery by November 1, 2015.-
Upon receiving the email GastroFood Ltd. then emailed back to Hopwood Investments Ltd. saying -thank you for your email which is receiving our attention-.
Subsequently and prior to November 1, 2015, GastroFood Ltd packed the rice cookers and loaded them on a van for delivery to Hopwood Investments Ltd. But before the van set out, Hopwood Investments Ltd phoned GastroFood Ltd. to say that they no longer needed the rice cookers.
Gastrofoods are considering a breach of contract action to force Harwood Investments to take delivery of the rice cookers.
You have been engaged by the Directors of Gastrofood Ltd., who are involved in a business dispute with a company called Hopwood Investments. They would like you to advise them as to any potential liability or actions under contract law, arising as a result of the information in the Contract Dispute case study. Ensure that relevant case law and statutes/regulations are mentioned in your advice.
Using a model, like the IRAC model, discuss the legal position of Gastrofoods and Hopwood Investments in relation to the law of contract. Use case references to support your answer.
Explain clearly who, in your opinion, would succeed if Gastrofoods went ahead with their threat to sue Harwood Investments for breach of contract.
xx
Commercial Law Student Assessment Booklet Name: Date: Manual Version Number: Please note: It is a requirement for students to make their submissions using this electronic assessment booklet. At the facilitator’s discretion any submissions made in another format may not be accepted. If you are completing the course via various computers, please save the one booklet on a USB so you can send the submission in using the one file Getting Started Please insert your NAME, DATE and the Manual Version Number on the first page of your Assessment Booklet. Answering Assessment Questions Each Assessment Booklet contains blank spaces for following assessment items: • Short Answer Questions When submitting Assessment Booklets for marking, please ensure that the entire booklet is completed. Short Answer Questions Using the space/s provided, please complete your answers making sure to: • Please restrict your answers to no more than 300 words per question • Please include any calculations that you used to reach your answer Referencing Your Answers Students undertaking the course must exhibit a range of skills in order to be confirmed as competent in their course. These skills include: • Understanding a question. • Possessing knowledge about the issue, which in some assessments includes locating information from references. • Providing an answer, this shows personal understanding. Please make sure that all assessments are documented in a way that exhibits your personal study and/or research. To that end would you please acknowledge all material and sources used in the presentation of your assessment whether they are books, articles, reports, Internet searches, or any other document or personal communication. For example if: • An idea is sourced; reference it e.g. (Bagra 2010). • You are directly quoting, wrap it in quote marks e.g. “Tom Horner sat in a corner” (Peters 2007 page 7). • You are quoting from the internet include quote marks and the web reference e.g. “ban on conflicted remuneration structures including commissions” http://futureofadvice.treasury.gov.au/content/Content.aspx?doc=reforms.htm accessed on the 28th of December 2012. Please note that no more than 5% of direct quoting which is referenced is deemed to be acceptable and no amount of direct quoting without referencing is deemed acceptable. Any direct quoting should form only a small portion of any answer and the answer should demonstrate the student understands and can interpret the question and provide an appropriate answer. Whilst this will require more work for you I hope you will understand that we are trying to maintain high standards and support your progression into further qualifications. Document Naming Instructions: Save this file to your computer and please use the following protocol when naming the file; SUBMISSION this relates to the number of times the file has been submitted. For example, your first submission would be S1, with any re-submission the file name should be recorded S2. Note: If you are submitting handwritten assessments all questions must be completed in blue or black pen. If assessments are received in pencil or with illegible handwriting, a resubmission will be required. Note: It is your responsibility as a student to keep a copy of all assessment submissions. IIT do not take responsibility for the loss of any submissions. Distance Education Students Student Declaration I understand that by completing this form I am bound by the following declaration. To the best of my knowledge and belief, no part of this assignment for the above unit has been copied from any other student’s work or from any other source except where due acknowledgment is made in the text, or has been written for me by another person. Name: Date:Short Answer Question 1: What is the difference between a Tax Agent and a Tax (Financial) Agent?Short Answer Question 2: What is to be done if the advice for the client is outside the scope of the Tax (Financial) Agent?Short Answer Question 3: Describe 2 different key sources of Tax Information.

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