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HA2022 Legal laws and contract: Written Report and Presentation Assessment Answer

Assessment Details and Submission Guidelines
Trimester
T1 2019
Unit Code
HA2022
Unit Title
Business Law
Assessment Type
Group assignment
Assessment Title
Written Report and Presentation
Purpose of the assessment (with ULO Mapping)
Students are required to resolve two case problem type questions from a list of case problem questions provided from the prescribed textbook using IRAC method, based on topics discussed in lectures.

Case problem type questions include:
  • Contract Law
  • The Law of Torts and Negligence
  • Applications of Negligence to Business
Weight
30% of the total assessments
Total Marks
20 marks – Written report and 10 marks for presentation
Word limit
Not more than 2000 words
Submission Guidelines
  • All work must be submitted on Blackboard by the due date along with a completed Assignment Cover Page.
  • The assignment must be in MS Word format, no spacing, 12-pt Arial font and 2 cm margins on all four sides of your page with appropriate section headings and page numbers.
  • Reference sources must be cited in the text of the report, and listed appropriately at the end in a reference list using Harvard referencing style.

Assignment 1 Specifications

Purpose:

This assignment aims at ensuring that students have familiarised themselves with their chosen case problem type questions and are able to apply the legal knowledge to factual situations, through written and/or oral communication, to achieve a reasoned conclusion. The ability to identify the relevant legal issues from a factual situation and the application of statute and case law involves the use of problem solving and decision making skills.

Details:

Topics and presentation schedule:

Please organise yourselves into groups of not more than 5 students and not less than 3 students. The assignment consists of 2 parts;

1. Written report – worth 20% and must be submitted

  • This group assignment consists of 2 parts. Part A is a case study on Contract law, and Part B is a question involving Civil Liability (the Law of Torts and Negligence). Both questions must be answered.
  • The total word limit for the group report is 2,000 words. Each part has a maximum word count of 1,000 words.
  • The total word count for the report as well as each part must be clearly written on the cover sheet of the assignment. Your assignment will not be marked if the word counts are not written on the cover sheet.

PART A: Contract Law Questions

  1. Refer to the prescribed textbook: Gibson, A, Business Law, 10th edition (Pearson, Sydney: 2017).
  2. From Part 3 –Law of Contracts, Chapters 7 to 15 on Contract Law, refer to the “Tutorial Questions” at the end of the chapters and choose one (1) problem case question. Note: it must be a case problem-type question and not a short answer question.
  3. You must send your lecturer the number of your question and the page on which is appears for approval. Do not starts work on a question without obtaining your lecturer’s prior approval.
  4. In not more than 1,000 words, answer your chosen legal case question using the IRAC method.
  5. Your answer must be supported by relevant law and cases decided by Australian courts (preferably the High Court) and/or scholarly articles. A minimum of 3 references are required for this part of the report
  6. Your references must be listed in a Reference list at the end of the Part A question.

PART B: The Law of Torts and Negligence Questions

  1. Refer to the prescribed textbook: Gibson, A, Business Law, 10th edition (Pearson, Sydney: 2017).
  2. Refer to Part 2 – Civil Liability; Chapter 4 (Civil Liability: The Law of Torts and Negligence) and Chapter 5 (Applications of Negligence to Business).
  3. Refer to the “Tutorial Questions” at the end of the chapters and choose one (1) problem case question. Note: it must be a case problem-type question and not a short answer question.
  4. You must send your lecturer the number of your question and the page on which it appears for approval. Does not start work on a question without obtaining your lecturer’s prior approval.
  5. In not more than 1,000 words, answer your chosen legal case question using the IRAC method.
  6. Your answer must be supported by relevant law and cases decided by Australian courts (preferably the High Court) and/or scholarly articles. A minimum of 3 references are required for this part of the report.
  7. Your references must be listed in a Reference list at the end of the Part B question.

Assignment structure is to be written as a report format. It must include;

  • Cover page
  • Executive summary
  • Table of contents
  • Section headings
  • Paragraphing
  • Page numbers
  • Reference list at the end of the report

2. Group Presentation – worth 10% and will be presented / submitted on Friday Week 10 at 11.59pm.

Strict adherence to the 10 minute limit is expected.

  • Present and discuss the summary of your report (part A and B) in 10 minutes.
  • The Presentation will be done in class or video recording. Your lecturer will advise which is more appropriate. Whether in-class or video presentation, all members must present. The group will be marked down if not all members present.
  • Video link must be uploaded to a publicly-viewable video sharing platform (ex. Youtube, Dropbox, Google drive) and the video link uploaded on Blackboard.
  • A video presentation consists of both images and audio. For this reason, a plain Power Point presentation showing slides even with accompanying voice recording is not considered a video and, hence, not allowed.

Important Reminders:

Lecturer approval of chosen case:

  1. You must email your lecturer your list of group members and chosen case by week 4.
  2. You must obtain approval by email from your lecturer of your group and chosen case before starting work on it. You must NOT start work on your group assignment until your lecturer approves your

group and case. Please note: failure to obtain lecturer approval will result in a failing mark for the entire group for this assignment.

Submission:

  1. All group report submissions must be done online and run through SafeAssign. No hard copies are to be submitted. Only one group member needs to submit for the whole group.
  2. Please fill in the “Rubric Group Report” sheet (available in Blackboard under “Assignments and Due dates) and attach as a cover sheet to your group report and upload on Blackboard.
  3. Each group must email a ‘’Peer Evaluation of Individual Participation in Group Assignment” sheet to their lecturer (available in Blackboard under “Assignments and Due dates).
  4. Non-submission of either the group report or video presentation link (if a group is doing a video) on Blackboard/SafeAssign (if doing a video presentation) is equivalent to non-submission, which will merit a mark of 0 (zero) for the group assignment.
  5. This is a group assignment and is meant to be worked on in groups. Groups of less than 3 and more 5 members will receive a penalty of 10 marks (50%).
  6. Reports must be submitted via SafeAssign on Blackboard and show a similarity percentage figure. Any group report that does not show a SafeAssign similarity percentage will not be marked and be required to re-submit.
  7. Late submissions will be subject to Holmes Institute policy on student assessment submission and late penalties (please refer to subject outline and Student handbook).
  8. Assignments are expected to observe proper referencing in accordance with a generally accepted system of citation (ex, Harvard System). A properly referenced assignment showing in-text citation is critical to passing and obtaining a good mark in the group assignment.

SafeAssign similarity percentage:

  1. Plagiarism in any form, shape or manner is unacceptable under any circumstances and will be dealt with according to Institute policy on plagiarism.
  2. In general, for written reports, a SafeAssign similarity percentage of 25% or below is acceptable. Regardless of the similarity figure, all group reports must use in-text citation and observe proper referencing rules.

Answer

Legal laws and contract


Answer to question no-1

Issue

Does George can take action against Anita for the breach of Contract?

Does the relationship of friendship does not makes a Contract?

Rule

A contract is formed between two or more than two parties. The partnership deed is an agreement between two partners that is also called business partnership contract. The contract defines that both the person has agreed with the terms and condition of the business. It is generally relating to the provisions that concerned with financial reporting, capital contributions and the responsibilities of each partner (Scott and Scott, 2015). The partnership agreement in writing is more successful than the agreement made between the parties orally or by handshake. Both the partners are equally responsible for binding the partnership (Rouhani, et.al, 2018)

According to the Partnership Act partnership that the partner cannot open a competiting business nearby without the consent of other partner but can open a different type of business.  If the partner does so and open a competiting business nearby than the other partner has the right to remedy to recover profits from the partner’s competiting business (Iossa, and Saussier, 2018). The opening of a competiting business nearby is a breach of a contract by the partner.  In Foran v Wight [1989] HCA 51; (1989) 168 CLR 385 (15 November 1989) case it has been found that if the partner act is against the clauses of agreement than it is termed as the breach of contract. The court held that the plaintiff had breached the contract by breaching the clauses of the agreement (Haapasalo, et.al., 2015) 

The partnership is a business where two persons shake hands for doing business and it is often started by friends. The partnership deed is often made if any disputes been arise in future that can be handled. The disputes can be if the partner wants to leave the partnership than what will be his/her liability in the business and there is also the non competing clause also been there in most of the partnerships agreements (Bayern, 2015)

As per the law of contract if the friends comes into the partnership the court presumes that the partners has the  intention to come into the partnership and to form an valid contract these essentials of contract must been fulfilled to form a legal relationship between the partners:-

Offer- The offer between the friends to share profits and loss 

Acceptance- The acceptance by other partner makes a valid contract

Consideration- The consideration been that sharing of the expenses or making the investments by both the partners will be considered as the execution of the partnership deed. 

In Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424 case, there is agreement between the parties with the intention to create legal relation and the consideration been taken by the parties considered to be a contract (Joshi, 2019).  

Application

The facts of the case:--

  • Anita and George are friends and they both have agreed to open an fast food restaurant
  • Their solicitor had made a partnership agreement which have been signed by both George and Anita
  • In partnership agreement each parties rights and obligations has been provided
  • The business became succeed but as the time passed the arguments had been started between both the partners that who will run the business. 
  • After a year forming their business one day with a heated argument between Anita and George. Anita left the shop 
  • Anita has challenged and said to George that she will open a rivalry business and make him out of business
  • Anita business does very well 
  • George due to Anita business started to suffer loss 

According to the scenario the George and Anita had signed the Agreement that means that both the parties have legal intention to form a business.  The offer had been made by the one party to another and both the party has given their acceptance. In accordance with the contract law if there is offer and acceptance and there is also consideration to share profits and losses that means the contract has been executed between both the parties as established in the case of Australian Woollen Mills Pty Ltd v The Commonwealth

According to the Scenario the rule states that in accordance with the Partnership Act the partner cannot open a competing business nearby without the consent of the partner. Anita had opened a rivalry business nearby to their partnership business of George. According to the rule Anita has breached the contract and she is liable for paying the remedy from the profits of the business as established in the case of Foran v Wight

As argued by Anita that they had opened a business as friends and there was no agreement between them but as per rule there is a execution of a contract and they have decided to do business that means there is a legal relationship between the both parties. It means that she is responsible for the contract and the breached the terms of contract. Anita is binding with the contract with George and cannot open a competitive business nearby according to the rule.   

Conclusion

In the conclusion, it can be said that George and Anita have signed the partnership deed and therefore there is a legal relation between both the parties and both are responsible for the execution of contract. They both are bound in the legal deed and if any person fails to comply with the any of the terms then other party will ask for the compensation. Anita had breached the contract by opening a rivalry business nearby to their business. Therefore Anita is liable to pay remedy to George. 



Answer to question no-2

Issue

  • Does Anna will succeed in his claim against Michael for Negligence?
  • What is required by Anna to establish his claim for such action?
  • Does Michael have any defense for the claim made by the Anna under civil liability?

Rule 

Under the civil Liability Act the tort of negligence is highly depends on the recognition of the existence of duty of care which is owned by one person to another person (Plunkett, 2018). The duty of care states that one person shall have exercise proper care and skill towards another person. The recognition of duty of care within the remit of law of tort shall been provided that it will be looked whether a person can take a reasonable care to avoid the foreseeable harm to others (Mitchell, 2017). The claimant has the responsibility to prove that the defendant has the liability over the claimant than only duty of care will establish and the defendant will be liable to pay damages to the claimant.  In Vairy v Wyong Shire Council (2005) 223 CLR 422 in this case the court had refused the appeal of the plaintiff in which the plaintiff has claimed that there is no warning provided that there is a risk of injury while driving in coastal waters of variable depth. Plaintiff had dived into the sea from the rock platform and got injured. In this case plaintiff argued that the defendant owned a duty of care towards the Plaintiff (Foley, and Christensen, 2016). It was stated by the Court that the diving into the water of variable depth is dangerous and it is both obvious and inherent and therefore the defendant does not owes a duty of care toward the plaintiff (Nelson, 2018). 

The plaintiff claim against the drunk driving based on the negligence. The plaintiff has to prove these four elements that are:-

  • Duty of care has owned by the drunk driver towards the plaintiff
  • The driver has breached the duty
  • The plaintiff has been injured in some way
  • The breach by the drunk driver is the cause of injury (Fox, 2017)

Negligence Per Se- According to the jurisdictions it is easy for the plaintiff to claim the fault under duty of care but according to negligence Per Se there is no duty of care required to be proved if the injury has been happened to the plaintiff by violating the public law by the defendant (Ben-Shahar, and Porat, 2016).  

In British Columbia Supreme Court in Park v. VW Credit Canada Inc. 2017 BCSC 1733 case, it was found that there if the passenger knows that the driver is drunk and then the passenger is also contributory to the damages and the court has reduced the 20 percent of damages paid by defendant to the plaintiff. The court found that the deceased was the contributor in the negligence and therefore on part of contributory negligence the defendant damages had been reduced (Oladimeji, Adebiyi, and Gambo, 2017). 

Application 

The facts of the case:-

  • At late night Anna was waiting for the taxi to take her home from the place of her work
  • Anna was too happy to take the lift from Michaela rather than waiting for the taxi
  • Anna smelt that Michael was strongly having Alcohol
  • Michael is troubling the vehicle on the road
  • It was heavily raining outside and Anna prefer to go with Michael
  • Michael thereafter lost the control over the vehicle and hit the tree
  • Both Michael and Anna was heavily injured
  • Anna claimed damages from Michael for the negligence

According to the rule the plaintiff Anna has to proof whether there is a duty of care of Michael towards the Anna. The rule states that there shall been a duty of care in negligence of one person towards another. Michael has the duty of care towards the Anna. However according to the case Vairy v Wyong Shire Council the plaintiff knows that the diving into water cause the injury and same sitting with drunk driver also causes the injury Michael not been held responsible and does not liable to pay damages.  There is no duty of care arise towards Anna of Michael as she knows the consequence of the act. 

Anna for establishing his claim has to prove according to the rules that the Michael owes a duty of care towards the Anna. The injury has been caused to Anna. The reason for the injury is that Michael has breached the duty of care. Anna can also prove Negligence Per se where there is no need to prove the duty of care as the injury has caused due to the violation of public law. 

In Accordance with the case British Columbia Supreme Court in Park v. VW Credit Canada Inc case, Michael can take the defense that there is Anna is contributory negligence as she knows that he is drunk and then also she was seated in the car and therefore he can challenge the damages that have been claimed by Anna. Therefore, after assessing the given case study, it is clear to find that there is no duty of care arise towards Anna of Michael as she knows the consequence of the act.

Conclusion

After assessing the case, it could be inferred that there is no duty of care arise towards Anna of Michael as she knows the consequence of the act. It can be said that Michael owes the duty towards Anna but in some cases he is not liable. Anna for establishing his case has to prove that there was a breach of duty of care by the Michael and the injury has happened due to that breach. It has also been conclude that Michael under the civil liability can challenge the damages by taking a defense of contributory negligence by Anna.  

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