Assessment 2 Information Subject Code: CLWM4000 Subject Name: Business and Corporations Law Assessment Title: Case Study Assessment Type: Individual Written Report Word Count 2000 Words (+/- 10%)...

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Assessment 2 Information Subject Code: CLWM4000 Subject Name: Business and Corporations Law Assessment Title: Case Study Assessment Type: Individual Written Report Word Count 2000 Words (+/- 10%) Weighting: 30 % Total Marks: 30 Submission: Via Turnitin Due Date: Week 9 Your Task Using the Case Study provided, you will need to undertake an analysis of the various legal issues that are identified, cite relevant rules applicable to the issues, explain the application of the rules to the facts/situation in the case scenario using the IRAC method. Assessment Description You are required to answer the following three (3) questions, based on the Case Scenario below Assessment Instructions • Your assessment is to be submitted via Turnitin in WORD format. “PDF submissions will not be accepted” • You must follow the KBS presentation guidelines • Please refer to the assessment marking guide to assist you in completing all the assessment criteria and for information on the use of references and legal citations Page 2 Kaplan Business School Assessment Outline T1 2021 CASE SCENARIO Julia Brennan is an Australian Super Model who had started on an intensive fitness program to prepare for her new TV Commercial that will advertise a new type of gym equipment. She knows that she needs to be super fit. In addition to her fitness program, she decided to consultant dietician about what sort of food she should eat to accelerate her program. The dietician suggested that she have at least one protein smoothie every day. She had done a bit of research to find out what might be the best type of blender for her to buy. When she went to the local electrical store, she found that the only blenders that they had for sale did not meet her needs as they were no powerful enough for smoothies. So, she decided that she needed to go to a larger store. She had heard good things about, the “Super Big Brand Store” so decided to go there to purchase a blender that met her needs. She was very happy to find that the blender was on sale at the “Super Big Brand Store” The Sale Sign stated “Buy it today and you will get 50% off” it is high quality, superb, safe and durable. You won’t regret it”. When she went to the counter to pay for it, she was informed by the Sales Assistant that the blender was not on sale for 50% off as the Sale Sign had stated. The Sales Assistant told her “sorry that was yesterday, and I cannot give you 50% discount! Julia was in a hurry and she just wanted to get started as soon as possible with her protein shakes, so she bought it and kept her receipt. She went back home, she plugged it in and as soon as the blender started the upper lid came straight off as did the sharp blender blades. Unfortunately, the blades injured her right hand and she needed to go straight to the Hospital Emergency Department. The Doctor told her that she would need stitches in her hand, and she would be unable to use her hand for four weeks unless the cut had healed, and the stitches could be removed. Julia was very upset when she realised that she would not be able to participate in the planned TV Commercial and that another Super Model would have to take the job. She would also lose the $12,000 that was the agreed payment for the commercial. Three weeks after the accident, Julia went back to the “Super Big Brand Store” to complain about the blender and about the injury to her hand finger! While she was waiting for the Store Manager, she noticed that the same Sales Sign was displayed “Buy it today and you will get 50% off” it is high quality, superb, safe and durable. You won’t regret it”. She asked the Sales Assistant whether the blender was 50% off as the Sales Sign had stated. The Sales Assistant responded, “Sorry that was Yesterday”. She realised that the displayed Sales Sign did not mentioned the date, so it was difficult to figure out why the Sales Assistants kept saying “Sorry that was Yesterday”. She started to suspect that there was something wrong with the way that the store was operating. Instead of waiting for the Store Manager, she decided to call a Solicitor from the firm “Injuries at Law” for legal advice. Page 3 Kaplan Business School Assessment Outline T1 2021 QUESTION 1 – Contract Law (10 Marks) • Please advise Julia, if she entered in a contract with the “Super Big Brand Store.” o In your answer explain the meaning of Contract and which elements need to be satisfied to be in a simple contract and how to identify if this contract can be invalided. o You will need to address all the “essential elements of a simple contract” including (Offer and acceptance, intention and consideration) as well as “elements of a valid contract” (Capacity, Legality, Genuine Consent, Mistake, Misrepresentation, Durres, Undue Influence and Unconscionability and explain if Julia can invalidate the contract. o You will also need to address and explain what sort of remedies she will be entitled if she decides to void the contract and how long she will have to exercise legal actions under the Contract Law in Australia. QUESTION 2 - TORT LAW (NEGLIGENCE) (10 Marks) • Please advise Julia, if she has a claim under the tort of negligence. o You need to address all the “essential elements under the tort of negligence”. o You also need to address if the “Super Big Brand Store” has any defences under the tort of negligence. o Explain what sort of remedies she will be entitled to claim under the tort of negligence and how long she will have to exercise legal actions under the tort of negligence in Australia. QUESTION 3 – Australian Consumer Law (10 Marks) • Please advise Julia, if “Super Big Brand Store” breached her Australian Consumer Law Guarantees under the Competition and Consumer Act 2010 (Cth) Schedule 2. o You need to justify your view as to whether these guarantees are available. Don’t forget to explain if Julia will be entitled to claim the remedies and o You also need to explain if the “Super Big Brand Store” will have to pay penalties under the Competition and Consumer Act 2010 (Cth) Schedule 2. o You need to address, how long she will have to exercise legal actions under the Australian Consumer Law in Australia.
Answered 1 days AfterMay 16, 2021CLWM4000

Solution

Pallavi answered on May 17 2021
59 Votes
Business and Corporations Law
Question 1
Issue
Whether the event of purchase of faulty blender by Julia from “Super Big Brand Store” would fall within the meaning of contract as provided by the Contract Law of Australia and whether Julia can invalidate the contract and claim any legal remedies if wants to void the contract?
Facts
In the given case, Julia is a Supermodel who started a fitness programme in order to prepare herself for her upcoming TV Commercial for a new kind of gym equipment. She was advised by her dietician to include protein smoothie in her daily diet, so she needed to buy a good blender which was suitable for making smoothies. Julia went to the “Super Big Brand Store for buying a blender for herself. There was an advertisement displayed at the store which said that the blender was being sold at 50 percent discount and it was of supreme quality, perfectly safe to use and was durable. When Julia went ahead to purchase the said blender, she was told by the Sales Assistant that the discount sale was on until the previous day only and no discount sale can be provided now. Julia still purchased the blender because she really needed it. However, as soon as she used the blender for first time, the blender turned out to be defective and Julia got injured by the blades of blender and was hospitalized for four months. Due to this unfortunate accident, Julia was not able to participate in her TV Commercial as was planned by her and also had to forego the amount of $12000 which was the payment agreed with the other party for the commercial.
Rule
A contract is an agreement between two or parties which is binding on all the parties who entered into that agreement. There are certain essential elements of a contract which must be met in order for that contract to be considered as a valid contract. Those essential elements are (i) it should be an offer (whether ve
al or in writing) which is a promise to do a particular act or not to prevent from doing a particular act, if the individual or party to whom the offer is made accepts the offer. (ii) the said offer gets accepted by the other party and the acceptance is given in ve
al or written form or by an action or conduct, (iii) the said agreement must include an intention to legal connection or relation between the parties, (iv) there must be a consideration or price or payment or in kind consideration which is given by one party to another party (Australia Lawyers n.d.).
In order for a contract to be considered a valid contract certain conditions are required to be met: (i) the terms of the contract are practically possible to be executed (ii) every party who has entered into the agreement holds the capacity to entering into the contract, means there are not incapacitated by law to enter into the contract (Australia Lawyers n.d.). There are certain parties who are specifically disqualified from entering into a valid contract which are - (i) minor, (ii) having a mental disability, (iii) is elderly and does not have capacity to enter into contract (iv) suffers from other disabilities such as being a drug addict (Makela n.d.).
It is to be noted that every contract has terms of the contract and those terms can be in writing or ve
al. According to the contract law of Australia, the terms of contract can be in writing or it can be oral. However, in some situations there can be implied terms of a contract, which means that the terms of the contract are not expressly provided in oral or written form however those terms are implied by law.
There are a number of remedies available to the non
eaching party which are –(i) Compensatory damages to cover for the loss caused (ii) Order from Court to
eaching party to discharge their obligations properly. The non
eaching party also has the remedy of “sue for specific performance” where if the other party is unable to pay the compensatory damages then court can order specific performance of an act such as sale of land, property, motor vehicle etc. to enable payment of adequate...
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