Assignment: Foundations of Business Law
Extensions policy:
The university policy on extensions of time will be strictly enforced. Extensions will usually only be considered if made via the online system and based on medical or compassionate grounds. Any extension application should be made before the due date for submission.
Medical conditions should be supported by a medical certificate, and, since students are expected to start the assignment early, temporary or last-minute conditions are usually not grounds for an extension. Professionals are expected to manage their time to meet their obligations, so work or personal commitments are insufficient grounds for an extension.
While the assignment is largely based on material covered, you are free to research and seek advice as widely as you find necessary-there are no limitations as to sources. However, you must make sure that sources are appropriately referenced. You must cite and reference the resources consulted in the assignment responses. By citing and referencing the material consulted you will also be acting in an ethical and honest manner. Acknowledgement may be in the form of in text citations, footnotes and/or a bibliography.
Objectives
This assessment item links to the course objectives as stated in the Course Profile.
Details
Part A- approx. 1000 words)
Locate the full law report for the case referred to below at the Australian Legal Information Institute site (www.austlii.edu.au). 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.
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 essential elements in the formation of a valid enforceable contract that are examined in the case.
5. Select one of the Australian cases cited in this decision and explain how it connects with the study of contract law in the unit.
6. Explain how the set case's treatment of contract issues and statute could affect a business in its operations adversely.
7. 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
1. (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.
1 (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.
2. (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.
2 (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.
Format your assignment according to the following formatting requirements:
1. The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
2. The response also includes a cover page containing the title of the assignment, the student's name, the course title, and the date. The cover page is not included in the required page length.
3. Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.