BIBM521 - Commercial Law - Mary - Jane - Zac - Law Assignment Help

BIBM521: Commercial Law Assignment Help

Assignment Task:

Question 1A

Mary has been employed as the Assistant Manager of Modern Designs Limited, an architectural design business specialising in the design of eco-friendly houses. The business is located in Wellington. Mary is passionate about eco-friendly design and it is an area that she plans to continue working in. Mary has been employed by Modern Designs Limited for 6 years and has a total of 15 years work experience as a qualified architect. She has mainly worked overseas in Australia.

Mary has been approached by another architectural firm, Buildings R Us Limited, and been offered the manager’s position, working in their Auckland office. Mary decides to accept this role and resigns from her position at Modern Designs Limited.

When Mary submits her resignation, the owner of Modern Designs Limited points out the restraint of trade clause in Mary’s employment agreement.

The owner reminds Mary that she cannot work for any other architectural business, in the North Island of New Zealand, for a period of 12 months following her resignation from Modern Designs Limited.

Question 1B 

Zac is 17 years old and wants to set up a dog walking business. He wants to borrow $5,000 from his bank to enable him to buy a car for transporting the dogs to parks. The bank is willing to lend the money but first, it wants an assurance from Zac’s father, Terry, who has an account at the same bank, in case Zac fails to make the monthly repayments. Terry assures the bank during a telephone conversation with the Branch Manager, Christine, that it can rely on him to repay the loan if Zac can’t. Christine says that she’ll send through a form for Terry to sign but the form never arrives.

After five months, Zac is struggling. He doesn’t have as many clients as he expected and also he’s finding that he needs to spend more time on his studies. As a result, he can’t keep up with the bank repayments. Terry is also in financial difficulty with his own retail company and cannot pay his son’s debt.

Question 1C

Steve Harrison asks a local vehicle dealer, Jono Bird, to find him a late model Mini Cooper (car) and tells him that he’s willing to pay up to $35,000, although of course he’d prefer to pay less than that. Steve also offers to pay Jono a 5% commission.

Jono starts checking cars of this type and finally chooses a low mileage Mini Cooper 2016. The seller wants $33,000 for the vehicle. Because Jono wants to earn a higher commission from Steve, he tells the seller that his buyer is willing to pay $35,000.

Jono has another client, Brian Boswell, who’s also interested in buying a Mini Cooper so Jono decides to separately offer the car to both Steve and Brian and see who offers the highest price. Brian decides not to accept the Mini Cooper.

Jono now tells Steve that he’s found him a suitable car and instructs Steve to pay $35,000 into Jono’s bank account, in addition to the 5% commission of $1,750. He doesn’t give Steve any receipt showing what he paid the seller of the Mini Cooper.

Question 2A 

Ian entered into a contract to purchase a tractor from Weston’s Farm Machinery Limited. He visited the showroom on Wednesday morning and agreed on the terms of the contract with the salesman. Ian was to return the following day to pay for and collect the tractor.

On Wednesday night there was a huge gas explosion in the building next door to Weston’s, resulting in the collapse of the roof of Weston’s building. A number of machines and tractors, including Ian’s tractor, were destroyed. Weston’s Farm Machinery Limited denies that it is responsible for the loss of Ian’s tractor. They say that Ian was the owner at the time the roof collapsed and he should have ensured the tractor.

Question 2B 

On Saturday, Amanda buys an expensive evening dress at a city center dress shop. However, Amanda is not happy with the length of the dress and the shop owner says that she will get the dress shortened for her by Friday of the following week.

On Monday, however, Amanda starts having second thoughts about the dress – she decides that it’s too expensive so she rings the shop owner and tells her that she’s changed her mind, she doesn’t want the dress. The dress has not yet been shortened but the shop owner tells Amanda that she cannot change her mind, she must take the dress.

Required:

Is Amanda contractually obliged to buy the evening dress according to the provisions of the Contract and Commercial Law Act 2017? Explain your answer.

Question 3 – Video Question

Carefully read the notes and instructions on pages 7 and 8 before answering this question. Chase and his wife are expecting their first baby and want to sell their current vehicle and buy a suitable family car. On Tuesday 6 August, Chase advertises their current vehicle in the local paper as well as online. Jack rings Chase on Wednesday 7 August and asks whether the car has a towbar. When Chase says that it does, Jack says that he’s keen to look at the car at the weekend and bring a friend who can check it over. On Thursday 8 August, Chase replies to an email from Cara who wants to know whether there are service records available on the car. Chase tells her that they are available. Cara emails back, arranging to come and inspect the car on Sunday with a mechanic. After Jack and his friend have seen the car on Saturday 10 August, Jack tells Chase that he’d like to take it for $19,500. Chase says he thinks he can get a higher price for the car than that. Jack asks what price he would accept and Chase replies, “I’d probably be happy with $23,000.”

Cara and the mechanic inspect the car on Sunday 11 August and Cara tells Chase that she’ll get back to him. On Monday 12 August Chase receives an email from Jack who says that he’s accepting Chase’s offer of $23,000 but that he can’t pick the car up immediately. On Tuesday morning (13 August) Chase gets a phone call from his cousin Thomas who says that he’s interested in the car – could he come and look at it on Wednesday evening? If it checks out well, he’d be willing to pay up to $24,000. On Tuesday evening (13 August) Cara rings Chase and tells him that she’s willing to pay $22,000. Chase tells her that this is too low and anyway, he’s decided to sell the car to his cousin. Cara is not happy with this and says that she was willing to increase her offer and that Chase has to complete a deal with her because they have a contract. On Wednesday evening, 14 August, Chase’s cousin Thomas comes and looks at the car. He’s happy with it and agrees to pay the full price of $24,000. On Friday 16 August, Chase receives an email from Jack saying that he’s ready to pick the car up on Sunday 18 August and will pay on pick up. Chase replies saying that he’s sorry but the car has already been sold to someone else. Jack is angry and rings Chase to say that they have a contract which Chase has broken and that he’ll be seeking legal advice.

Required: Advise Chase whether or not he has a contract to sell the car to any of the parties mentioned above. Give reasons for your answer. Examine & discuss each communication between the various parties.

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