PART A (5 marks- 300 words) In using the resources of the early Modules, your tribe discussed and developed a constitution. In the new constitution assume that there are rules protecting a member of...

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PART A (5 marks- 300 words) In using the resources of the early Modules, your tribe discussed and developed a constitution. In the new constitution assume that there are rules protecting a member of the tribe from violent acts from another member of the tribe. Explain what rules protecting members of the tribe from such acts of violence were developed and why they were developed in the tribe’s constitution. Be sure to refer to Hart’s analysis of legal rules in the answer. There are additional resources on Moodle in the early Modules of the course to assist. 2 PART B (5 marks- 300 words) Research Question “A crime is an act or conduct which is prejudicial to the community. It renders the guilty person liable to punishment.” Research a legal system of a foreign country and explain what penalties can be imposed by a court once a person is found guilty of a criminal offence. Then compare them to the range of penalties available to Australian courts in criminal cases. Be sure to refer to Hart’s analysis of legal rules and use the requirements for Hart’s 3 part legal system in the answer. There are additional resources on Moodle to assist in the early Modules of the course. Support your analysis with case and statute references where relevant. PART C (10 marks- 600 words) In this part, your task is to research the Australian case, Gumland Property Holdings Pty ltd. V Duffy Bros Fruit Market ( Campbelltown) Pty Ltd XXXXXXXXXXCLR 237 and report to your supervising partner (your boss!) on the significance of the case to business clients and the Australian law of contract. Initially Chapter 11 of the text can assist. Please note that additional resources should and can be accessed in alternative textbooks on Business Law, Contracts’ Law or Commercial Law. The resources mentioned at the end of Chapters 1 and 2 of the Turner text may assist as could websites such as www.austlii.edu.au. Your answer should mention other cases in the analysis of the set case. The report should use the IRAC method as a structure- Issue, Rule, Application, Conclusion and remedies. This structure requires you to set out clearly and in an organised way these matters arising from the court’s decision: -Identify the common law legal issues in dispute. What were the broad areas of contract law that are relevant here? -Explain the principles of law, the rules that the court applied and which were relevant to deciding the issue. -Apply the relevant law to the facts. Explain how the court applied the relevant law. -Conclusion and remedies- after the above stages how did the court reach a conclusion on the facts of the problem. Be sure to consider the remedy or remedies for the successful party. PART D (10 marks- 600 words) In this part, your task is to select and research an Australian case relating to when a party to a contract may ask a court to cancel the contract due to fraudulent misrepresentation and report to your supervising partner (your boss!) on the significance of the case to the Australian law of contract. In the analysis you should discuss the issue of fraudulent misrepresentation both at common law and under consumer legislation. Parts of the text chapters on Consent of Parties (Chapter 7) and Consumer Protection (Chapter 17) can assist. Contract law requires that parties enter agreements freely and voluntarily. Your choice must be an Australian case referred to in either the textbook or the Class Notes. Please note that some cases in the Class Notes are not in the textbook may be found in alternative textbooks on Business Law, Contracts’ Law or Commercial Law. The resources at the end of Chapters 1 and 2 of the Turner text may assist as could websites such as www.austlii.edu.au Your assignment must include a full reference for the case. In the text at pages lxxxv-lxxxvi, there is a Table of Abbreviations. In the table you will find brief details of Australian courts and legal case reports eg CLR, FCA, FCAFC and HCA; and state and terr 3 The report should use the IRAC method as a structure- Issue, Rule, Application, Conclusion and remedies. This structure requires you to set out clearly and in an organised way these matters arising from the court’s decision: -Identify the common law legal issues in dispute. What were the broad areas of contract law that are relevant here? -Explain the principles of law, the rules that the court applied and which were relevant to deciding the issue. -Apply the relevant law to the facts. Explain how the court applied the relevant law. -Conclusion and remedies- after the above stages how did the court reach a conclusion on the facts of the problem. Be sure to consider the remedy or remedies for the successful party. Support your analysis with case and statute references where relevant. PART E (10 marks- 600 words) Please note. In this question and answer you should consider only common law contract issues as set out in the Modules and text Chapters 9, 10, 11 and 12. Do not apply consumer law or other statute principles in your answer. Pedro and Lisa were both retailers selling imported French jewellery in Melbourne, Victoria. Lisa sold her business to Pedro and in the contract agreed that she would not carry on or be engaged in the sale of imported French jewellery anywhere in Australia for a period of two years. One year after selling the business Lisa established a new retail business in Cairns, Queensland, selling imported French jewellery. Can Pedro enforce the contractual promise against Lisa? Advise Pedro using common law contract legal principles and the IRAC method as to what action Pedro can take and the possible remedies he could obtain. You do not need to discuss the essential elements and the formation of a contract topic here. Assume that a valid enforceable contract exists between the parties. Do not apply consumer law or other statute principles in your answer. It is essential that you refer to relevant cases to support the analysis. The IRAC method- Issue, Rule, Application, Conclusion and remedies- requires you to set out clearly and in an organised way these matters: -Identify the common law legal issues in dispute. What are the broad areas of contract law that are relevant here? -Explain the principles of law, the rules, that apply and which are relevant to deciding the issue. -Apply the relevant law to the facts. You may need to consider more than one approach here. There is not always one clear way. -Conclusion and remedies- after the above stages reach a conclusion on the facts of the problem. Be sure to consider possible remedies for the innocent party. Support your analysis with case and statute references where relevant. 4 MARKING All parts of the assignment will be marked in accordance with the university’s Grades procedure and the Assessment Criteria (which can be accessed via the Course Profile). The following marking rubric incorporates that procedure. THE MARKING RUBRIC IS ON THE FOLLOWING PAGES
Answered Same DayAug 21, 2020LAWS20058Central Queensland University

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Akansha answered on Aug 29 2020
58 Votes
Australian Commercial Lawterm    2
Topic- 11LAWS20058 – AUSTRALIAN COMMERCIAL LAWTERM 2, 2018 – ASSESSMENT 1 – INDIVIDUAL ASSIGNMENT
Student’s Name-
Class-
Student’s Number-
Unit Code-
Professor-
Date of Submission-
Table of Contents
PART-A    3
PART-B    3
PART-C    4
PART-D    6
PART-E    7
References    9
PART-A
It was found that without the authenticity of a law some of the tribe members became violent with each other being in an argument. This is because of the lack of awareness among the people and no rules and regulation to follow people started to be violent. Then, the constitution was formed to manage the needs and create a civilized society. The constitution of the civilized society decided to create some rules and regulations for the people of this society so that no one can do violence with the each other. The environment of a society should be healthy and positive, thus, constitution created some of the rules.
In a tribe especially without proper means of survival and growth and lack of formal education, it is very likely that tribe members may go after each other. Without proper laws and rules to govern their conduct, there can be complete chaos and lack of order. It can lead to loss of life and property. For this reason, it is necessary that there are certain laws and regulations established by the tribe members to ensure that peace and security is maintained in the tribe.
The rules that were developed are-
Primary rule: every individual will follow the basic rules like following traffic lights while driving, paying the bills on time, taking copyright from the Government authorities for starting any business or firm and creating contract for owning a property or getting ma
ied. These rules will help people to stay in equal rights to everybody to avoid fights and arguments.
Secondary Rules: These rules are a support of the primary rules for example, if someone does not follow a rule and the other person points the mistake then suitable enquiry should be done against the person using the effective evidences. These rules will help the people to ensure security will living together in a society.
These rules by Hart provides discipline and knowledge among the people to live happily in the society. By following the rules and regulations, Hart believes that it will promote morality in the society.
PART-B
Legal system is formed in Australia so that justice can be provided to the people who haven't done anything wrong but has been alleged by someone. A legal system helps in justifying the person who is not guilty by identifying the right criminals. In such systems, there is a ‘supreme rule’ that is compulsory to be followed by every individual. The legal system decided the new rules that people of a society has to follow and which rules are necessary to give justice for an individual who is not a part of crime or a violent activity. To support the legal system, Hart has provided some rules such as primary and secondary rules for the welfare of the people living in a society. These rules are:
· Rule of recognition
· Rule of Change
· Rule of Adjudication
These basic rules help to give the punishment to the criminals who have found guilty like putting in prison for a certain duration of time. And, relieving those people who did not supported the crime. The motive of Hart behind creating these rules was to protect the society from any harm and violence. There are some of the rehabilition camps that the Australian Government has created so that criminals can be made into a good individual and they can stop crime and the bad things that they do.
To understand better, the penalty for homicide can be looked at in India and Australia. Capital punishment is the highest level of punishment that can be given in an offence, in India it is only awarded in the rarest of rare cases and in Australia it is completely prohibited. The maximum penalty for murder which excludes manslaughter, culpable homicide not amounting to murder and such in Australia is imprisonment for life and In India for the same offences it is imprisonment for life, punishment of death and/or fine. The penalty for armed ro
ery in Australia can be anything ranging from a prison sentence to a fine to home...
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