LAW ASSIGNMENT 2 Assessment item 2 Problem question Value: 10% Due date: 26-Mar-2018 Return date: 18-Apr-2018 Length: 1000 words Submission method options Alternative submission method Task You must...

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Assessment item 2
Problem question
Value: 10%
Due date: 26-Mar-2018
Return date: 18-Apr-2018
Length: 1000 words
Submission method options
Alternative submission method
You must write an answer to the problem-type question below, using the ILAC (Issues, Law, Application, Conclusion) format, a worked example of which is in the Resources folder. 
**In this subject, assignments are marked on-line, using an adapted MS Word programme. You therefore MUST submit your assignment in Word format, NOT as a PDF document. If you submit in PDF it will not be able to be marked.**
##If you think you may need and extension for this assignment, please read the rules relating to extensions in the Subject Outline before applying for an extension. ##
Question (10 marks)
Richard has a specialist car dealership. He buys old cars, refu
ishes them and then sells them. He also hires out cars.
Richard is restoring an old jeep. It requires a special type of shock-abso
er to enable it to travel over rough ground. Richard phones Shocks Are Us. He says to Emma, the manager: “I need four shock abso
ers which can be used for off-road driving” Emma consults a
ochure published by the shock abso
er manufacturer and “Says the D200 shock abso
er can be used for off-road driving.”. Richard then agrees to buy four D200 shock abso
ers for $ 120 each. When he installs them on the jeep and takes it for a test drive over rough country, the shock abso
ers give way and the jeep crashes down, causing $ 2 000 worth of damage to its body. It turns out that when Emma gave Richard the information over the phone, she had been looking at the wrong page of the
ochure. Had she looked at the co
ect page, she would have seen that the D200 is not suitable for off-road driving. 
Richard operates his business from a premises which he has leased from George for $ 5 000 per month since January 2016. The lease specifies that the rent is to be paid to George every six months and that it will increase every year by 10%. Richard pays George $ XXXXXXXXXXin June 2016 and December 2016, but then tells George that he is having financial difficulties and needs every dollar he can to buy equipment. George says “OK, I will let you off paying the increase this year”. Richard is pleased with this, and uses the money he would have had to spend on the rent increase to buy new tools. In June 2017, Richard pays $ XXXXXXXXXXto George, but George contacts him demanding an additional $ 3 000. When Richard refers to their earlier conversation, George says “Whatever I said, the lease you signed specifies that the rent will go up by 10% each year”.
Tom is a collector of vintage cars. He sees that Richard has a 1979 Mercedes 450SEL for sale on his website, priced at $ 20 000. Tom sends Richard an email saying “I offer to buy the 1979 Mercedes 450SEL for $ 18 500”. Richard sends an email back saying “So
y, that is not enough, but I will sell it to you for $ 19 000”. Tom sends an email back saying “No, I can’t pay that”. Richard then sends an email saying “OK, I accept your original offer of $ 18 500”, but when he
ings the car to Tom’s house, Tom refuses to accept it or to pay the money.
When Richard goes on holiday, Martin looks after his car lot. Martin doesn’t have a car. However, a friend of Martin’s is about to visit town and he wants to be able to drive her around. Martin goes to Richard and says “Can I hire one of your cars?” Richard says “The usual price is $ 50 per day, but because you looked after my car lot in August, you can hire it at no cost. You can pick it up on Monday”. Martin is very pleased and readily agrees, but when he comes to pick up the car, Richard says that he has hired it out to a customer. Martin says that Richard has
eached their agreement.
Advise Richard of his legal position in relation to each of these four scenarios. You should assume that all facts given would be provable if the matters came to court. You should also assume that when any of the people mentioned conduct business, they do so as sole traders, not through corporations. 
** Please check that you have complied with all the points in the Style Guide before handing in your assignment.**
This assessment item will allow you to demonstrate your ability to
· engage in legal research;
· identify the legal issues arising out of novel factual situations, to analyse the applicable law and to differentiate between which rules are applicable and which are not and then apply the law to the problem;
· explain and summarise the applicable law in such a way as to create a report for a client which states what liabilities arise from novel factual situations
 And more specifically
· your knowledge of the law of contract formation and of factors which will affect the validity of assent
· your ability to undertake an assessment task relevant to the workplace and professional practice.
Marking criteria
    Students are required to answer a problem type question in order to demonstrate:
    To meet this level you will achieve a cumulative mark of 85-100%. A mark in this range indicates that a student:
    To meet this level you will achieve a cumulative mark of 75-84%. A mark in this range indicates that a student:
    To meet this level you will achieve a cumulative mark of 65-74%. A mark in this range indicates that a student:
    To meet this level you will achieve a cumulative mark of 50-64%. A mark in this range indicates that a student:
    At this level you will obtain a mark of 0-49%. A mark in this range indicates that a student:
    Identification of relevant legal issues
ectly identifies all legal issues and formulates them clearly with consideration of all links to relevant law with no e
ectly identifies all legal issues and formulates them with consideration of links to relevant law, with only minor e
    Identifies and co
ectly formulates most major legal issues, taking into consideration most links to relevant law.
    Identifies some legal issues, with some e
ors in formulation. Considers some links to relevant law.
    Identifies no relevant issues or only a few of them. Some may be unclearly formulated. Considers few links to relevant law.
    Explanation of law, citing relevant legal authority
    Provides a complete explanation of the law with no e
ors. Explains all relevant legal authority.
    Provides an explanation of almost all points of the law with few e
ors, substantiated by most relevant legal authority, with only minor e
    Provides an explanation of most points of law with few e
ors, substantiated by citation of most of the relevant legal authority with few e
    Provides a basic explanation of the law, but with some e
ors, substantiated by limited legal authority.
    Provides inco
ect or limited explanation of the law using little legal authority.
    Application of legal principles to the facts
    Applies the law to the facts so as to address all issues with no e
ors. Argument discusses linkages between facts and the law and considers counter-arguments. Conclusion clearly draws together arguments.
    Applies the law co
ectly to the facts so as to address all issues, with only minor e
ors. Argument discusses linkages between facts and law. Conclusion draws arguments together.
    Applies the law co
ectly to most issues arising from the facts, but with some e
ors. Argument summarises application of the law. Conclusion summarises arguments.
    Makes a basic attempt to apply the law to the facts, but applies wrong law and / or contains significant e
ors in the application. Resultant answer is incomplete.
    Paper does not co
ectly apply law to the facts and / or applies inco
ect law. May be descriptive, rather than putting forward a reasoned argument.
    Compliance with the Style Guide and overall structure.
    Uses Style Guide comprehensively, accurately and consistently. Uses ILAC model. Extremely well structured and organised, with one main argument per paragraph, supported by well-written supporting sentences.
    Uses Style Guide accurately and with only minimal e
ors. Uses ILAC model. Well structured, with some differentiation of arguments between paragraphs.
    Use of Style Guide, with some e
ors or lapses. Uses ILAC model and is clearly structured.
    Limited or inconsistent use of Style Guide. Some attempt at use of ILAC model and in structuring answer but with e
    Poor, inconsistent or inaccurate use of Style Guide. Poorly structured. Inadequate or no use of paragraphs. May have disregarded the ILAC model.

    Written expression and editing.
    Uses appropriate academic writing which is formal, impersonal and which contains no spelling, grammar and punctuation e
ors. Paper demonstrates careful proofreading.
    Uses appropriate academic writing which is formal, and impersonal with only very minor spelling, grammar and punctuation e
ors. Paper demonstrates careful proofreading.
    Uses appropriate academic writing which is formal and impersonal, with a few spelling, grammar and punctuation e
ors. Paper demonstrates evidence of proofreading.
    Significant spelling, grammar and punctuation e
ors but the paper is readable and demonstrates some attempt at proofreading.
    Poor grammar, spelling and/ or punctuation. Paper gives no evidence of having been proof-read.
Please comply with the following Style Guide:
1. Do not re-state the question.
2. Use in-text referencing. Do not use footnotes.
3. Names of statutes should be italicised, and followed by the jurisdiction not in italics, for example: Acts Interpretation Act 1901 (Cth). Note the a
eviation for ‘Commonwealth’ is ‘Cth’ not ‘Cwlth’.
4.  The names of the parties must be italicised, but the citation must not, for example: Smith v Jones  XXXXXXXXXXCLR 34.
5. An in-text reference to a book should be structured as follows: (Latimer, 2010, p. 75). There is no need to put the author’s initial. Note the positioning of
ackets, stops and commas. You use ‘pp.’ only if refe
ing to more than one page. If you are refe
ing to a book with more than one author, the in-text reference would be as follows: (Smith et al, 2002, p. 78).
6. An in-text reference to the subject's Modules should be structured in
ackets as per the following example - obviously you will alter the reference depending on the subject, year of study and Module number : (CSU LAW220 Modules, 2015, Topic 7).
7. Do not start a new line simply because you are starting a new sentence.
8. Be careful of apostrophes: director's = of a director, directors' = of many directors, directors = many directors. Also particularly prevalent is confusion between its (it possessive) and it's (contraction of "it is").
9. The following words always start with a capital letter: Commonwealth, State, Act, Bill, Regulation, Constitution, Parliament. Do not unnecessarily capitalise other words.
10. One should not use terms
Answered Same DayMar 23, 2020LAW220Charles Sturt University


Abr Writing answered on Mar 26 2020
64 Votes
Assessment item 2
Problem solving
Dated March 24, 2018
Scenario 1
Who is eligible for the loss $ 2 000 incu
ed by Richard due to car
eakdown, can Emma be held liable for the loss or not?
Wrong act 1958 deals with cases related to negligence and contributory negligence. According to this act, word negligence means failure in taking reasonable care by plaintiff against defendant. (Beatty & Samuelson, New York)Key questions to evaluate defendant position in the case are as follow;
· Does defendant owe any duty of care to plaintiff in the case? (Ful
ook, 2005)
· Is there any
each of duty by defendant in the case? (Faure, 2009)
· Does the plaintiff encounter any damage (physical, mental, financial) due to
each of duty by defendant? (Faure, 2009)
Richard ask Emma for recommending right shock abso
er for the car on off road drive, here Emma share wrong information which caused car accident. With reference to Donoghue v Stevenson 1932 AC 562, plaintiff claim negligence against ginger beer manufacturer Stevenson (defendant) on discovering snail in the bottle of beer drank by him (A
ott, Pendlebury, & Wardman, 2007). In this case, court of law decided manufacturer of beer owe duty of care towards its ultimate consumers and compensate for the same. Similarly, Emma, being manager, she owe duty of care towards running of business.
In this scenario, Emma is responsible for the accident, had Emma been given right shock abso
er to Richard, loss could have been saved. Emma’s negligence to view right page of
ochure, this loss could have been saved, Richard can ask for financial loss from Emma.
Scenario 2
Objective is to be evaluating legality of paying rent hike to George of 2017 due to difference in ve
al and written agreement.
Under Australian contract law, written and ve
al agreements have equal validity; it is equally binding as written contract. (Collins, 2003)
In given scenario, Richard signed a lease document that mention 10 percent rent hike every year, however had a ve
al agreement with George that due to financial difficulties, he won’t be able to pay rent hike for year 2017, which was agreed by George...

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