LAWS20058 - Australian Commercial Law - Report Writing Assignment Help

Assignment Task:

Individual Assessment

Extensions policy: 

The university policy on extensions of time will be strictly enforced. Extensions will only be considered if made via the online system and must be based on medical or compassionate grounds. Any extension application should be made before the due date for submission. Medical conditions should be supported by a medical certificate, and, since students are expected to start the assignment early, temporary or last-minute conditions are usually not grounds for an extension. Professionals are expected to manage their time to meet their obligations, so work or personal commitments are insufficient grounds for an extension. Time management is important to avoid any late submission. A 2 mark per day late penalty may apply without an approved extension. 

Plagiarism: 

The university’s plagiarism policy will also be strictly enforced. If plagiarism is found, a minimum penalty is likely to be zero marks for the assessment. It could be worse. 

Referencing: 

The Australian Guide to Legal Citation (AGLC) should be used in reference to the assignment. See the resources on Moodle. References should be by footnote, not endnotes, reference lists or bibliographies. References to Acts should include section numbers. 

It is essential that you refer to relevant cases and statute sections to support the analysis. The answers should use the IRAC method as a structure- Issue, Rule, Application, Conclusion, and remedies. See Moodle resources to assist. 

The IRAC method- Issue, Rule, Application, Conclusion, and remedies- requires you to set out clearly and in an organized way these matters: 

- Identify the common law legal issues in dispute. What are the broad areas of contract law that are relevant here? 

- Explain the principles of law, the rules, that apply and which are relevant to deciding the issue. 

- Apply the relevant law to the facts. You may need to consider more than one approach here. There is not always one clear way. 

- Conclusion and remedies- after the above stages reach a conclusion on the facts of the problem. Be sure to consider possible remedies for the innocent party. 

Background Facts: 

The wing was a talented IT programmer employed by Tom and his business, Tom’s Computers. Throughout 2019 the business was doing well and a major part of its commercial success was due to Wing’s ideas and programming. A competitor, Jerry’s Computers, approached Wing and offered him a large salary increase and a partnership position if he would leave Tom’s Computers so as to start a new job in March 2020. Wing discussed this with Tom who did not want to lose such a valued employee. Tom advised Wing that, if he stayed, Tom from 1 July 2020 would double his salary and make him an equal partner in Tom’s Computers. Wing stayed. In July 2020 Tom refused to increase Wing’s salary and to make him a partner. They argued and Tom terminated Wing’s employment. 

In November 2019 Wing, thinking of the promotion and the salary increase, decided to buy a new computer and laser printer and scanner for $10,000 from Lies IT Pty Ltd whose advertising stated that all products have a 12 months unconditional guarantee with a full refund if requested. The new computer was defective and Lies IT Pty Ltd refused to repair the computer or to give Wing a refund. In August 2020 Wing was anxious to obtain income and he decided to buy a business. He saw a business for sale, Sydney Computers. Wing asked his accountant, Betty, to investigate the financial and general trading background of the business. Betty completed the inquiries and advised Wing that the business would be a good investment. Wing bought the business. Unfortunately, Betty misread the accounts of the business and made serious accounting errors. The business, Sydney Computers, failed within three months of Wing’s purchase and closed down due to the very poor financial position of the business before the purchase. Wing lost all monies invested in the purchase. 

Provide the following answers to these questions using the IRAC structure and support your analysis with case and statute references where appropriate.

Part A 

1. How would a court determine whether there was an enforceable agreement between Wing and Tom? You should support your analysis with case references. Do not discuss statute.

2.  What possible remedies could be granted if Wing was successful in legal action for breach of contract against Tom? You should support your analysis with case references. Only discuss common law and equity were relevant in the answer. Do not discuss statute. 

Part B 

What action could Wing take against Lies IT Pvt. Ltd. under the Australian Consumer Law legislation? Include the issues of remedies and consumer guarantees in the analysis. 

Part C 

Explain whether Wing could take legal action in negligence against Betty for her advice about the business purchase based on common law and state legislation legal principles. 

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