Comercial Law Research Assignment

2105AFE - ASSIGNMENTSemester 3, 2016

HYPOTHETICAL QUESTIONS

DUE DATE: 5.00pm, Friday 20th January 2017 on Week 7

(Please submit your Assignment via ‘Turnitin’ submission point under the Assessment tab on L@GU).

WEIGHTING:30%

INSTRUCTIONS TO STUDENTS:

Students may refer to course materials and textbooks to answer the question.

This is an individual assessment item and not a group assignment. Accordingly, each student must submit a separate assignment.

Faculty policy states that students who are proven to have cheated in the assignment will receive no marks for the whole assessment item. Please read the instructions in Section 6.1of the Course Profile.

Word limit: 800 - 1500 words.

Please note the following:

Referencing Cases: example – Carlill v Carbolic Smoke Ball Co. (in italics) (the year of the case and other details need not be provided).

Referencing legislation: The reference to the Australian Consumer Law can be written in abbreviated form – ACL.

A List of Cases or References is NOT required.

Framework for answering a legal problem

The answer to the hypothetical questions must be written under the framework of - Issues, Relevant Law, Application of Law to the Facts and Conclusion (ILAC).

You will be assessed on:

depth of understanding of the question and identification of relevant issues;
accuracy of the law (cases and legislation) used to support arguments
the extent to which you have applied the law to the issues andarguedas required by the question.
correct spelling, grammar and proofreading.

The use of relevant headings of ILAC within the body of your answer is encouraged.

Relevant Law: You are NOTrequired to write detailed explanationof the legal principles or rules under the “Relevant Law”. Please provide only the ‘names of cases and Sections/subsection numbers of the Legislation that provide the legal rules, which will be used in your ‘application of law’ part of your answer.

Conclusion – You may provide a separate Conclusion for each part of the question.

Further details about the ILAC method can be found under ‘Workshop Materials’ tab on L@GU.

Presentation:

The assignment must demonstrate the presentation, writing and literacy skills. The answers must be typed in Times New Roman font size 12.5 and double-spaced, should have the student's name, and student number clearly visible. Pages should be numbered.Assignment cover sheet need to be completed before submission via Turnitn.

Assignment submission via Turnitin

Assignments must be submitted via ‘Turnitin’ submission points under Assessment tab on L@GU.

Please DO NOT include a copy of the Hypothetical Question in the final Assignment document that you upload via Turnitin, as it will increase the ‘percentage match’ of your assignment.

Naming your assignment submission before submitting via Turnitin

The format you are requested to use is: Lastname_Firstname_snumber_Assignment

(eg Smith_Jane_s123456_Essay/Assignment)

Late submission penalties will apply unless the student has an approved extension from the Course Convenor. Please note that the late submission of evidence will only be accepted in very exceptional circumstances. Assignments will not be accepted via email or fax.Students should keep a copy of the assignmentfor themselves.

A detailed marking scheme will be available under the Assessment folder on Learning@gu. Students should scrutinise the scheme before submitting their assignment to ensure they have covered all relevant requirements.

HYPOYHETICAL QUESTION

Answer the following questionusing the ILAC format.

QUESTION (30 marks)

Mary parked her car in a new car park, owned and operated by Queens Parking Ltd (‘Queens’). This was the first time that she had used a Queens car park. When she drove into the car park, she was required to purchase a parking ticket from a machine. Mary insertedcash into the machine and was notified that the parking would cost $10 per day and that the terms and conditions of purchase would be on the ticket. She then pressed a button which said “purchase”, the machine processed her payment and she received a ticket. On the back of the ticket were some terms, although no mention of this was made on the front of the ticket, on which had been printed the date and time that Mary entered the car park.

Two of the terms on the back of the ticket read:

•Queens Parking Ltd, its agents, servants, employees, and contractors shall not be liable for any loss or damage howsoever arising from the use of this carpark;

•If the customer does not accept these terms, they may leave within 1 minute of entry without incurring a fee.

This is actual size (size 8) that those same terms above were written on the ticket:

Queens Parking Ltd, its agents, servants, employees, and contractors shall not be liable for any loss or damage howsoever arising from the use of this carpark

If the customer does not accept these terms, they may leave within 1 minute of entry without incurring a fee.

Unfortunately, one of the car park employees is part of a stolen car criminal gang, and he arranges for Mary’s car to be towed away by his criminal associates. This employee has previously been convicted of car theft crimes, and Queens were aware of this before hiring him. Mary has not since been able to recover her car.

Advise Mary

(a)whether there are any terms of the parking contract that have been breached by Queens Parking Ltd under the common law of contract and/or statute (Australian Consumer Law). (You are not required to discuss the contract formation - ‘offer and acceptance’here). (10 marks).

(b)whether Queens Parking Ltd can rely on the exclusion clause as a defence to a breach of contract claim. In your answer, discuss the requirements as to whether the exclusion clause is valid under the common law of contract and/or statute (Australian Consumer Law). (16 marks).

Answering legal problem and writing skills: Use of ILAC structure, quality of writing, sentence structure, use of paragraphs, grammar, and spelling – (4 marks).

Lecture for the 20.12.2016 explains these things.