Assignment -
PLEASE FOLLOW THE INSTRUCTIONS -
- IRAC Formula for every answer.
- Please find a case study for each answer in the book. Link the answer with the case study
- Citation footnotes
Guide to citation for the common law assignment
Legal citation is different to other styles of citation, such as Harvard or other in-text citation. Legal citation involves providing the most relevant legal authority for any statement of legal rules or principles. Citations are provided in footnotes. (If you're working in MS Word, simply go to the 'References' tab and click on 'Insert Footnote'.)
For the purposes of LST2BSL Introduction to Business Law and Ethics, we do not expect you to learn the Australian Legal Guide to Citation, which is the usual approach to legal citation in Australia. That Guide is incredibly complex. Instead, you can simply follow these instructions for citations in your common law assignment.
As stated above in the Assignment Instructions, where you state a legal principle which comes from a case, you must provide a citation to the relevant case. You are not expected to read the cases themselves: as long as a case is summarised in the textbook, you can cite the case itself. An example of this would be if you said this in your assignment:
If a letter of comfort includes statements which are not promissory, then it probably was not intended to be legally binding.1
Alternatively, you could mention the case name in the sentence of your assignment itself, and just put the case citation in a footnote, like this:
As in the case of Commonwealth Bank of Australia v TLI Management Pty Ltd2 a letter of comfort with only non-promissory statements was probably not intended as legally binding.
Either way, we expect you to provide a citation to the relevant case for the legal principle you are stating.
If you are stating a legal principle that is covered in the textbook or lecture and which does not have a relevant case provided in the textbook, you should cite the textbook. An example of this would be:
If an agreement is executed as a deed then there is no requirement for both parties to provide consideration.
Please also note that you are not expected to use any materials beyond the lectures and the set textbook. But if you do, you must provide appropriate citations. No bibliography is required. Finally, remember that footnote citations do not count towards your word count, so don't hesitate to provide citations for any statement of legal principle. If in doubt, provide a citation.
Assignment Questions -
Fran runs a small business called Fran's Fine Treats, supplying gourmet chocolates to food stores and health spas. Recently her products have grown in popularity, and the business is growing significantly.
Fran decides to hire an assistant to help her with deliveries. She approaches her brother Marco, who owns a van. Marco was planning to take on a well-paying job opportunity in a nearby town, but he agrees to stay local instead, so that he can help Fran grow her business.
Marco is concerned about wear and tear on his van, and about insurance in case he is involved in a traffic accident while making deliveries. So, he wants to make sure the arrangement with Fran is formalized. He gets the advice of a lawyer, who helps to draft an employment agreement setting out hours, rate of pay, reimbursement for fuel and maintenance costs, responsibility for vehicle insurance and various other details.
After both Fran and Marco have inspected the document prepared by the lawyer, and discussed all its contents, they both sign it and have their signatures witnessed. Two days later, Fran regrets her decision and wants to hire her niece Jane instead.
1. Is Fran bound by the written agreement with Marco?
2. Does the doctrine of promissory estoppel apply to Fran and Octavia?
3. Is Arjun entitled to the month's supply of free chocolates?
Textbook - FIRST PRINCIPLES OF BUSINESS LAW, 10th Edition by MICHAEL LAMBIRIS AND LAURA GRIFFIN.
Attachment:- Assignment File.rar