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HA2022 Business Law Assessment Answer – Holmes Institute Australia

Purpose:

This assignment is designed to assess your level of knowledge of the key topics covered in this unit.

Unit Learning Outcomes Assessed:

1. Explain the various elements of the Australian legal system, such as the sources of Australian law, the jurisdiction of Federal and State Courts, and the doctrine of precedent.

2. Possess a working knowledge of the tort of negligence, contract, consumer protection, insurance, and employment law. Prepare, analyze, and interpret transaction data and financial statements for data-driven decision-making;

3. 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.

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Description:

Each week students were provided with three tutorial questions of varying degrees of difficulty. The tutorial questions are available in the Tutorial Folder, for each week, on Blackboard. The Interactive Tutorials are designed to assist students with the process, skills, and knowledge to answer the provided tutorial questions.

The questions to be answered are:

Question 1 

Having established duty, breach and damage, is the defendant liable for all the damages suffered? Discuss.

Question 2

Thomas, a poor university student, and his millionaire Dad enter into an arrangement where Thomas agrees that he will keep the front and backyards of the family property mowed, and he will ‘do a bit’ to keep the gardens looking tidy. In return, his Dad agrees to pay him a weekly allowance of $200. His Dad had previously used a garden contractor to do the job and paid him $350. They live on a large property, and the mowing alone takes half a day a week. After
four weeks, Thomas’s Dad tells him that he can’t afford to pay $200 a week. He says that Thomas should be doing the work for nothing, as it is the responsibility of the whole family to look after the property; besides, he says, Thomas is getting free board and lodging. Advise Thomas on whether there is a contract between him and his Dad which the court will enforce.

Question 3

Oliver, while he was so drunk that he didn’t know what he was doing, bid successfully at an auction for the purchase of a house. It was clear to the auctioneer that Oliver didn’t know what he was doing. However, after Oliver sobered up, he confirmed the contract with the auctioneer. He then subsequently refused to complete the contract. Is Oliver bound to the
contract?

Question 4 

A. Does a contract have to be in writing?

B. List three types of terms in a contract.

C. Distinguish terms in a contract from a representation.

Question 5 

A. Define ‘acceptable quality according to s 54 (2) of the Australian Consumer Law (ACL).

B. What arguments can a seller put forward for limiting the scope of section 54 on acceptable quality found in the Australian Consumer Law (ACL)?

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