Enterprise Law. This is an exercise in legal problem solving. This assessment task covers material taught in Contracts I and II only. Questions and Answers. Graded A

Document Content and Description Below

This is an exercise in legal problem solving. This assessment task covers material taught in Contracts I and II only. Assessment tasks exist to help students learn and apply their knowledge. Grade... s exist to show how fully this goal is attained. This assessment task must be the student’s own understanding and effort. If the words or ideas used are not your own, then you must correctly reference them using the Harvard/WesternSydU referencing style. Requests for extensions will only be considered in the most extraordinary circumstances. If you make such a request, you must attach all work done to date on this task to your email, otherwise it will be automatically declined and you will then need to file an application for special consideration. Late penalties will apply to a submission made after the due date without an extension – 10% of total marks per day or part thereof. You should upload your completed work as soon as you are able, without waiting for an email from the unit coordinator granting or declining an extension or for an outcome on your special consideration application, as the Easter public holidays will occur just after submission so your request will not be dealt with until the Tuesday, some 4 days after the due time for submission, or even later. A deferred assessment task might be granted as a result of your application for special consideration. If so, it will take the form of a 2 hour open book online exam. This will be held after the teaching is finished but before the final exam. This assessment task is designed to address student learning outcomes 1–4 for the unit:   INSTRUCTIONS: • Before submitting your Essay, it should be spell-checked and read aloud to check for grammatical errors and/or run through the grammar-checking tool in MS Word. • Answer all questions. • Word limit: 1500 words for the entire task, excluding your Reference List. This is a strict word count, you cannot exceed this count, therefore no +10% permitted. The penalty for exceeding the word limit is 1 mark per 100 words or part thereof. • Do not attach a cover sheet, as this is built into the Turnitin system. If you do this will impact upon your Originality Report, your word count, and your privacy. • Format: Double spaced, Arial 12 point, MS Word document. If you do not use a Word document we will not be able to view and mark it. Please note you can download the MSWord App for iPads free via App Store. • If you have a question about this assessment task, please read the Learning Guide and these instructions, before posting a question to the Discussion Board on vUWS. Do not email the unit coordinator unless your enquiry is of a personal nature. Using the Discussion Board means that every student has the benefit of access to the answers to questions about the assessment task, which is a fairer system for everyone. Do NOT post your actual responses to any of the questions, as this may involve you in possible academic misconduct. Also do not ask for help in identifying how to answer a problem. QUESTIONS: There are three questions in this assessment task. Students must answer all questions. Question 1: 8 marks Graham wishing to impress his friend Stacey, goes with Stacey to an antique shop. He inspects an antique dining table and asks the shop assistant the price. The shop assistant tells him that the price is $5,000. Graham says to the shop assistant that he will take it and gives his address to the shop assistant to deliver it to his home. Payment will be on delivery. When the table arrives, Graham telephones the shop and tells the shop assistant that he was only pretending to buy the table and that he had no intention of going through with the purchase. The shop assistant tells him that Graham must pay for the table. Is there a binding contract between Graham and the shop? Discuss this situation using case law to support any argument you may make. Question 2: 5 marks Andrew and Susan married in 2015 and lived together until they separated in 2018. After 12 months of living apart, they came to an agreement in relation to maintenance and property matters. The agreement was that Susan would pay Andrew $250,000 for his interest in their matrimonial home, and that Andrew would pay Susan $1000 per month to contribute to the mortgage payments on this home. Susan paid to Andrew $250,000 but Andrew refuses to make maintenance payments to Susan. Andrew argues that their agreement is not enforceable because it was made in a domestic context. Is Andrew correct? Explain your answer and indicate relevant authority where appropriate. Question 3: 5 marks Chris owned and raced some greyhound dogs, who were very successful on the track. Bruce wanted to buy one of them and breed with it. However, when Bruce approached Chris, Chris told him his dogs were not for sale. Bruce increased the price he was offering but Chris continued to say no. After several attempts Bruce finally said to Chris that he was being a stubborn ox and that dogs can easily die if one was not too careful with what they fed them. Chris started to fear for the safety of his beloved animals and himself, so he approached another dog owner, George, and offered to sell all his dogs quite cheaply provided it was a quick sale. George agreed to the sale and now has the dogs. Chris regrets his hasty decision and wishes to set aside the contract for the sale of his dogs. What legal argument could Chris make to set aside the contract for sale? Is it likely he will be successful? Two marks are specifically set aside for English expression and referencing in your answer. This is negatively marked, that is you will lose ½ mark for each error up to a maximum loss of 2 marks. The marking guidelines are as set out in the Learning Guide: Students are assessed against those standards. END OF QUESTIONS. [Show More]

Last updated: 10 months ago

Preview 1 out of 8 pages