Task
You must write an answer to the problem-type question below, using the ILAC (Issues, Law, Application, Conclusion) format, a worked example of which is in the Resources folder.
**In this subject, assignments are marked on-line, using an adapted MS Word programme. You therefore MUST submit your assignment in Word format, NOT as a PDF document. If you submit in PDF it will not be able to be marked.**
##If you think you may need and extension for this assignment, please read the rules relating to extensions in the Subject Outlinebeforeapplying for an extension. ##
Question (10 marks)
Richard has a specialist car dealership.He buys old cars, refurbishes them and then sells them.He also hires out cars.
Richard is restoring an old jeep.It requires a special type of shock-absorber to enable it to travel over rough ground.Richard phones Shocks Are Us.He says to Emma, the manager: “I need four shock absorbers which can be used for off-road driving”Emma consults a brochure published by the shock absorber manufacturer and “Says the D200 shock absorber can be used for off-road driving.”.Richard then agrees to buy four D200 shock absorbers for $ 120 each.When he installs them on the jeep and takes it for a test drive over rough country, the shock absorbers give way and the jeep crashes down, causing $ 2 000 worth of damage to its body.It turns out that when Emma gave Richard the information over the phone, she had been looking at the wrong page of the brochure.Had she looked at the correct page, she would have seen that the D200 is not suitable for off-road driving.
Richard operates his business from a premises which he has leased from George for $ 5 000 per month since January 2016.The lease specifies that the rent is to be paid to George every six months and that it will increase every year by 10%.Richard pays George $ 30 000 in June 2016 and December 2016, but then tells George that he is having financial difficulties and needs every dollar he can to buy equipment.George says “OK, I will let you off paying the increase this year”.Richard is pleased with this, and uses the money he would have had to spend on the rent increase to buy new tools.In June 2017, Richard pays $ 30 000 to George, but George contacts him demanding an additional $ 3 000.When Richard refers to their earlier conversation, George says “Whatever I said, the lease you signed specifies that the rent will go up by 10% each year”.
Tom is a collector of vintage cars.He sees that Richard has a 1979 Mercedes 450SEL for sale on his website, priced at $ 20 000.Tom sends Richard an email saying “I offer to buy the 1979 Mercedes 450SEL for $ 18 500”.Richard sends an email back saying “Sorry, that is not enough, but I will sell it to you for $ 19 000”.Tom sends an email back saying “No, I can’t pay that”.Richard then sends an email saying “OK, I accept your original offer of $ 18 500”, but when he brings the car to Tom’s house, Tom refuses to accept it or to pay the money.
When Richard goes on holiday, Martin looks after his car lot.Martin doesn’t have a car.However, a friend of Martin’s is about to visit town and he wants to be able to drive her around.Martin goes to Richard and says “Can I hire one of your cars?” Richard says “The usual price is $ 50 per day, but because you looked after my car lot in August, you can hire it at no cost.You can pick it up on Monday”.Martin is very pleased and readily agrees, but when he comes to pick up the car, Richard says that he has hired it out to a customer.Martin says that Richard has breached their agreement.
Advise Richard of his legal position in relation to each of these four scenarios.You should assume that all facts given would be provable if the matters came to court.You should also assume that when any of the people mentioned conduct business, they do so as sole traders, not through corporations.
** Please check that you have complied with all the points in the Style Guide before handing in your assignment.**
Rationale
This assessment item will allow you to demonstrate your ability to
- engage in legal research;
- identify the legal issues arising out of novel factual situations, to analyse the applicablelaw and to differentiate between which rules are applicable and which are not and then apply the law to the problem;
- explain and summarise the applicable law in such a way as to create a report for a client which states what liabilities arise from novel factual situations
And more specifically
- yourknowledge of the law of contract formation and of factors which will affect the validity of assent
- your ability to undertake an assessment task relevant to the workplace and professional practice.
Marking criteria
CRITERIA / HD / DI / CR / P / FLStudents are required to answer a problem type question in order to demonstrate: / To meet this level you will achieve a cumulative mark of 85-100%. A mark in this range indicates that a student: / To meet this level you will achieve a cumulative mark of 75-84%. A mark in this range indicates that a student: / To meet this level you will achieve a cumulative mark of 65-74%. A mark in this range indicates that a student: / To meet this level you will achieve a cumulative mark of 50-64%. A mark in this range indicates that a student: / At this level you will obtain a mark of 0-49%. A mark in this range indicates that a student:
Identification of relevant legal issues / Correctly identifies all legal issues and formulates them clearly with consideration of all links to relevant law with no errors. / Correctly identifies all legal issues and formulates them with consideration of links to relevant law, with only minor errors. / Identifies and correctly formulates most major legal issues, taking into consideration most links to relevant law. / Identifies some legal issues, with some errors in formulation. Considers some links to relevant law. / Identifies no relevant issues or only a few of them. Some may be unclearly formulated. Considers few links to relevant law.
Explanation of law, citing relevant legal authority / Provides a complete explanation of the law with no errors. Explains all relevant legal authority. / Provides an explanation of almost all points of the law with few errors, substantiated by most relevant legal authority, with only minor errors. / Provides an explanation of most points of law with few errors, substantiated by citation of most of the relevant legal authority with few errors. / Provides a basic explanation of the law, but with some errors, substantiated by limited legal authority. / Provides incorrect or limited explanation of the law using little legal authority.
Application of legal principles to the facts / Applies the law to the facts so as to address all issues with no errors. Argument discusses linkages between facts and the law and considers counter-arguments. Conclusion clearly draws together arguments. / Applies the law correctly to the facts so as to address all issues, with only minor errors. Argument discusses linkages between facts and law. Conclusion draws arguments together. / Applies the law correctly to most issues arising from the facts, but with some errors. Argument summarises application of the law. Conclusion summarises arguments. / Makes a basic attempt to apply the law to the facts, but applies wrong law and / or contains significant errors in the application. Resultant answer is incomplete. / Paper does not correctly apply law to the facts and / or applies incorrect law. May be descriptive, rather than putting forward a reasoned argument.
Compliance with the Style Guide and overall structure. / Uses Style Guide comprehensively, accurately and consistently. Uses ILAC model. Extremely well structured and organised, with one main argument per paragraph, supported by well-written supporting sentences. / Uses Style Guide accurately and with only minimal errors. Uses ILAC model. Well structured, with some differentiation of arguments between paragraphs. / Use of Style Guide, with some errors or lapses. Uses ILAC model and is clearly structured. / Limited or inconsistent use of Style Guide. Some attempt at use of ILAC model and in structuring answer but with errors. / Poor, inconsistent or inaccurate use of Style Guide. Poorly structured. Inadequate or no use of paragraphs. May have disregarded the ILAC model.
Written expression and editing. / Uses appropriate academic writing which is formal, impersonal and which contains no spelling, grammar and punctuation errors. Paper demonstrates careful proofreading. / Uses appropriate academic writing which is formal, and impersonal with only very minor spelling, grammar and punctuation errors. Paper demonstrates careful proofreading. / Uses appropriate academic writing which is formal and impersonal, with a few spelling, grammar and punctuation errors. Paper demonstrates evidence of proofreading. / Significant spelling, grammar and punctuation errors but the paper is readable and demonstrates some attempt at proofreading. / Poor grammar, spelling and/ or punctuation. Paper gives no evidence of having been proof-read.
Presentation
Please comply with the following Style Guide:
1.Do not re-state the question.
2.Use in-text referencing. Do not use footnotes.
3.Names of statutes should be italicised, and followed by the jurisdiction not in italics, for example:Acts Interpretation Act 1901(Cth). Note the abbreviation for ‘Commonwealth’ is ‘Cth’ not ‘Cwlth’.
4. The names of the parties must be italicised, but the citation must not, for example:Smith v Jones(1967) 345 CLR 34.
5.An in-text reference to a book should be structured as follows: (Latimer, 2010, p. 75). There is no need to put the author’s initial. Note the positioning of brackets, stops and commas. You use ‘pp.’ only if referring to more than one page. If you are referring to a book with more than one author, the in-text reference would be as follows: (Smithet al, 2002, p. 78).
6.An in-text reference to the subject's Modules should be structured in brackets as per the following example - obviously you will alter the reference depending on the subject, year of study and Module number : (CSU LAW220 Modules, 2015, Topic 7).
7.Do not start a new line simply because you are starting a new sentence.
8.Be careful of apostrophes: director's = of a director, directors' = of many directors, directors = many directors. Also particularly prevalent is confusion between its (it possessive) and it's (contraction of "it is").
9.The following words always start with a capital letter: Commonwealth, State, Act, Bill, Regulation, Constitution, Parliament. Do not unnecessarily capitalise other words.
10.One should not use terms such as can't, won't, don't and shouldn't, neither should one use "ie" and "eg" in formal writing.
11.A sentence must always begin with a full word and a capital letter – so a sentence would start ‘Section 55 says…’, not ‘S 55 says…’ or ‘s 55 says…’. The abbreviation for 'section' in the middle of a sentence is 's'.
12.Start each paragraph on a new line, and leave a clear line gap after the preceding paragraph.
13.You must put page numbers on your assignment.
14.Quotations and excerpts from legislation should be indented from the rest of the text in a separate paragraph. The text in quotations should not be in italics.
15.You must end your assignment with a bibliography that is divided into three separate parts, listing statutes, cases and books / articles / on-line Modules.
16.A listing of a book in a bibliography should appear in accordance with the following format: Latimer, P (2010).Australian Business Law, 29th ed, North Ryde: CCH. If listing a book with multiple authors, do so as follows: Heilbron, G, Latimer, P, Nielsen, J and Pagone, T (2008).Introducing the Law, 7th ed, North Ryde: CCH.
17.When listing statutes at the end of your assignment you should conform to the format:Acts Interpretation Act 1901(Cth). List the statute only once – you doNOTlist individual section numbers relied on. You should not list textbooks as the source of Acts – the Act itself is its own source.
18.When listing cases conform to the format:Gordon v Richards(1976) 123 CLR 32.
19.When listing article conform to the format: Jones, J 'The new analysis of law' (2010) 4Journal of Recent Law34.
20.When listing CSU Modules conform to the following format: CSU LAW220 Modules.
21.Make sure that your sentences are grammatical – it may be useful to read your assignment out loud if you have any doubts about this.
PLEASE NOTE THAT YOU WILL LOSE MARKS IF YOU DO NOT COMPLY WITH THIS STYLE GUIDE. I WILL REFERENCE NON-COMPLIANCE BY ANNOTATING YOUR ASSIGNMENT “2”, “5” ETC TO INDICATE WHICH OF THE ABOVE RULES NUMBERED
1 – 21 YOU HAVE BREACHED