1. Please identify the legal issue(s) raised in the question and briefly state the law relating to each issue (5 marks) (Hint: This is a contract law based question and you need to consider if the exclusion clause will enable Transglobal Alarm Monitoring Pty Ltd to avoid liability. What is the effect of the exclusion clause? In order to address this matter, it is important to examine if the exclusion clause is part of the contract, and whether it covers breach). (Maximum word limit 500)
2. Apply the law specifically to the facts of the question and advise Fine Diamond Jewellery on their chances of success in receiving compensation for the losses resulting from the failure of the alarming and monitoring system provided by Transgloabl Alarm Monitoring Pty Ltd (10 marks) (Hint: it is important to demonstrate how you apply the law to the facts of the question. The law effectively is a tool to fix the legal problem/issue/difficulty. Please think carefully about this aspect of answering a legal problem. It is not enough to take a legal proposition, but you need to explain its relevance, why you are using it and what it will achieve. (Maximum word limit 1000)
3. Discuss whether the question, particularly in relation to any of the legal issues or factual circumstances raised, created the possibility of alternative arguments. Critically assess one alternative position and briefly explain why this might arise. You only need to address one situation here. If you are of the view there are no situations of that type arising, then explain why you feel that, again by critically assessing your position on this (5 marks) (Hint: note. you have to demonstrate critical thinkin2 here. and you should read the textbook.
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