Format, Resources, and Case Studies

Essay or Report Format

Requirements (Eaasy or Report Format)

Your Essay or Report should be in the following format:

?WORD DOCUMENT or WORD File;

?Typed on A4 paper using Arial 12 point font and 1.5 spacing;

?Sequential page numbering;

?Title page with Student Name/Student Number and Subject Code/Subject Name;

?Accurate spelling, grammar, punctuation, paragraph construction and proofreading;

?Effective use of headings;

?Consistent and accurate acknowledgment of textbooks, legislation and case studies using APA reference style;

Use of Resources

This is a Research Assessment. You are required to use a range of legal resources in addition to the textbooks including journals, at least Eight (8) Online Legal Resources; and Statutes, as supporting evidence for the arguments, analysis and discussion of the given Assignment questions.

There are SIX (6) Case Studies in this Task. You must attempt all Case Studies and answer all Questions.

Please see MARKING RUBRIC

General comments: suggested marking for questions

To achieve a Pass, students should have covered at least the main issues etc. in each question,

To achieve a Credit, students should have covered more than the main issues etc. for each question AND supported response by reference to relevant cases and relevant legislation,

To achieve a Distinction, students must have covered most issues etc. for each question AND referred to relevant cases and legislation in their response and exhibit research skills.

To achieve a High Distinction students musthave covered most issues etc. for each question AND referred to relevant cases and legislation in their response and exhibit appropriate research.

CASE STUDY ONE:(Law of Torts - Negligence)

Gordon, was walking inside the Westfield Shopping Centre as it was a wet morning. He slipped on the tiled floor in the foyer of the Shopping Centre and sustained injury.

a)Briefly provide advice to Gordon whether he can exercise legal actions against the shopping Centre for tort of negligence, and what sort of damages he would be entitled to?

b)Briefly provide advice if there is any applicable defence available for the shopping Centre after being sued by Gordon.

Warwick and Sunny want to set-up a college using money that they have and that they have borrowed from family and friends. They are not sure about the best business structure to run a college.  

a)Briefly recommend a business structure and provide advice to Warwick and Sunny on the advantages of the business structure that you have recommended.

b)Briefly outline the registration process for the business structure that you have recommended to Warwick and Sunny.

Use of Resources

Mr. and Mrs. Garmin a middle-aged newlywed couple, booked their two week honeymoon package to Bali from “Tours with Us” in Melbourne, after reading their advertised travel brochure. The brochure had many promises but only a few were fulfilled during the couple’s trip. They were the only guests in the Hotel. The owner couldn’t speak English and the room provided to them was not the honeymoon suite as advertised. They were promised that breakfast would be included, but only coffee was provided for them during their stay.  Mr. Garmin who was very distressed decided to sue “Tours with Us” for breach of contract.

a)Briefly explain whether there is a contractual relationship between Mr. and Mrs. Garmin and “Tours with Us”. If you have identified that contract is created amongst these parties, then advice whether that contract was a valid contract.       
   
b)Briefly explain what sort of remedies are available for Mr and Mrs. Garmin for breach of contract by “Tours with Us”?

The new Telephone Answering Machine that Joanne’s mother gave her as a birthday present failed to work. When Joanne took the machine back to the store with her mother’s receipt, the customer service representative told her, “that this appliance was bought at a sale and our policy clearly states that we do not refund on sale items. But we will give you a credit voucher for the sale price. Unfortunately, the machine is now on sale at the regular price which is $25 more than your mother paid”.

a)Briefly identify and provide advice to Joanne of her rights under the Australian Consumer Law.

b)Briefly explain the consequences for the Customer Service Representative if Joanne proves that there was a breach of her consumer law guarantees.
Suggested Solutions:

Until last week, Warwick was working for“ Professional Posts Pty Ltd” as independent contractor. His contract expired last week and but he is still continuing to work for the company without renewing the contract. Despite the fact that he bought and maintained his own courier vans, he had to work set hours, drive a set route and wear the Professional Post’s uniform with the company logo. He had to accept the work that was allocated to him and deliver the packages according to the company guidelines.  He was under strict supervision and was receiving direct orders every day. One day on his way to a delivery he injured himself.

a)Briefly explain whether Warwick can be classified as an employee of Professional Posts Pty Ltd?

b)Briefly explain the main factors that courts are likely to take into account in determining whether a worker is an employee or independent contractor