Problem Based Letter of Advice using IRAC Methodology - Paul Case Study - Management Assignment Help

Assignment Task:

Purpose of this assignment and ULOs assessed
The purpose of this assignment is to:

Test student’s knowledge and understanding of the principles relating to contract formation (sessions 1-3)
Test student’s knowledge and understanding of the principles relating to contract construction (sessions 4-6)
Require students to apply the ILAC methodology to address a hypothetical problem
Consolidate student’s learning on the first half of the unit generally.
 

The unit learning outcomes assessed are:

ULO1 - Identify legal issues in common business law scenarios, analyse and discuss the stakeholder’s legal rights and responsibilities.
ULO2 - Accurately articulate and explain the legal rights, duties and responsibilities of parties in a business context.
ULO3 - Research, apply and accurately reference the appropriate law from particular statutes and case law relevant to specified contexts.
ULO4 - Demonstrate a working knowledge of the law relating to contract issues by analysing problem scenarios and applying relevant legal principles to advise on likely possible legal outcomes; and
ULO5 - Clearly articulate individual interpretation of business law issues and application of relevant knowledge to others.

Scenario

Paul is a regular visitor to a local BurgersAreUS restaurant that provides a self-service facility where customers have the option of selecting drink and food items from a menu displayed on a touch screen located just inside the entrance.  To select a product, a customer only has to touch an image or icon showing the desired product or products they wish to consume, and then touch a virtual ‘OK’ button to submit an order.  The order is relayed to food preparation area where the customer’s order is prepared.  Once prepared BurgersAreUS ’s front counter staff are made aware the order is ready and the customer’s ticket number is displayed on a large screen which symbolises their order is ready for collection.

Customers using the touch screen are immediately issued with a printed ticket containing an order number and the price payable at the front counter.

Customers present these tickets to the cashiers who confirm the relayed order appearing on their screens. At this point, the customers pay for their purchases and await delivery.

This system is designed to save time during peak periods and is very popular. Some customers place their orders as takeaways, while others, like Paul, prefer to be seated and consume them on the premises. These preferences are pre-selected by the customers when they use the touch screen.

When Paul reached the cashier, he paid $12 for the hamburger and drink, collected his order located a vacant table and enjoyed a leisurely meal.

A couple of days later, Andrew returned and instead of his normal meal decided to order the new gourmet burger and hand cut chips.  The order was placed through the self-service ordering system.  The total cost was $21.50 which he duly paid.  Following the payment being processed Paul received the normal printed ticket which included his order number, order and price.

Paul's order number appeared on the screen, and after collecting the order Paul found a vacant table and started to eat his meal.  As Paul took a second bite of his gourmet burger he struck something hard and broke a tooth.  Paul examined the chewed remains and found a piece of metal that had somehow been lodged in the burger.

Paul alerted management to this incident and demanded compensation for his anticipated dental repair. The manager expressed regret and directed Paul to the ticket he had received which on its reverse side, contained a clause stating:

This restaurant accepts no responsibility or liability for any injury caused to customers by consumption of food or drink sold.

In response, Paul exclaimed, ‘I’m a consumer and I have rights!’

Required

Explain whether the café is legally entitled to rely on the clause printed on the ticket to avoid liability in relation to Paul's mishap.

For the purposes of this assignment you should consider both the common law as well as consumer protection legislation (confirming whether Paul qualifies as a ‘consumer’).
Please use IRAC format for this part.
 

Instructions

• Read the hypothetical scenario.
• Answer each of the components of Samantha’s request. 
• Use relevant cases and if relevant legislation to support your answer.
• Your answer should use citations and be formatted in accordance with the AGLC.
• Footnotes do not count towards overall word count.
   

Assessment criteria

• Demonstrated understanding of relevant legal principles.
• Use of relevant case law and legislation to support conclusions.
• Articulation of clear conclusions and advice as required.
• General quality and clarity of written communication.

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