LAW 1509 - Law of Commercial Transactions Assignment - The University of Adelaide

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Assignment Task

Assessment Criteria

  • Demonstrated ability to identify a pertinent legal issue arising from a set of facts;
  • Demonstrated ability to identify a legal principle or rule relevant to a particular type of commercial transaction and apply it to a material fact;
  • Demonstrated ability to develop practical solutions to legal problems and express tentative opinions as to the most suitable or likely remedies and outcomes;
  • Demonstrated ability to articulate an answer to a legal problem clearly and logically;
  • Demonstrated ability to adhere to legal citation practices.

Task Instructions

You have just joined a top-tier commercial law firm and been tasked with assisting your client, Mrs Wendy Builder, with her legal issue. The client is timid about talking in person or over the phone and so your supervising partner has suggested you email her initially to seek information and instructions. All you are told is that the matter relates to ‘commercial leases, and insurance’.

1. Email the client at her preferred email address: to request and obtain further information and instructions in this matter.

Note

  • This is a real email address . The response you receive will give you all the information you need to proceed with the assignment. If you do not receive a response within a reasonable time, check that you've sent your email to the correct address, or otherwise that the response has not accidentally diverted to your spam/junk folders. In the highly unlikely event that you do not receive a response within 5-10 minutes, email the Course Coordinator.
  • Your email to the client can be short but must be clear and use professional prose. It should be in the nature of a simple greeting and request for additional information pertaining to the matter she has previously discussed with your supervising partner. The email is not assessed in any way nor count as part of your total word count , but it is good practice for communicating with clients and the markers will review the emails. You may receive informal feedback.

2. Based on the information provided to you by the client in her email and in the video footage available (details of this in the email), and with reference to the relevant case law and legislation, write a legal memo for your supervising partner outlining responses to the following questions:

  1. According to the provisions of the Retail and Commercial Leases Act 1995 (SA), was the lessor, Temple Holdings Pty Ltd, entitled to refuse Wendy and Bob’s proposed assignment of their lease?
  2. Did Wendy and Bob, as the co-insureds, breach any relevant duty of disclosure under the Insurance Contracts Act 1984 (Cth) in respect of the insurance policy for their pet dog?

Note

  • You may write your legal memo in either first person or third person narrative.
  • It is strongly suggested that you allocate a proportionately greater number of words to your response for Question (b) given its heavier weighting.
  • There’s nothing special to a memo, it’s basically a report or letter. Memos invariably have the questions posed as headings with an explanation of the law and the author’s view as to how it will apply. The idea is to provide answers to your supervising partner, assuming they know little or nothing about the relevant law. You may find it helpful to apply the IRAC structure.

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