BULAW5914 Commercial Law – Assignment
Information about the Assignment:
Due date Friday, 23:00, Week 9.
How to submit The assignment must be submitted in word format through the
Turnitin submission link on Moodle.
Topics covered by
Maximum word limit 3000 words
Total marks 30
Percentage of final
Referencing APA 7th edition or AGLC 4th edition (available online)
The assignment will be assessed on the extent to which the student has:
Conducted independent research relevant to the topic, including the use of secondary
legal sources, in particular a number of legal texts, authoritative materials from internet
sites and academic (peer reviewed) journal articles and books.
Answered the set question(s) through identification and discussion of relevant legal
Demonstrated an understanding of the topic, presented different points of view (if
applicable), presented well-constructed arguments and demonstrated critical thinking.
Provided proper citations for legal sources in footnotes and a bibliography or reference
Used clear expression.
This assignment requires students to answer based on the material covered in Topic C only.
Students should refer to relevant case law and legislation in the answer.
Question 1 (15 marks)
Acme Pty Ltd runs a carpark in the city. Acme want to have an exclusion clause that applies
to all contracts with carpark customers to ensure that Acme is not liable if a customer’s car is
stolen or damaged when parked in the Acme carpark.
The following is the procedure for customers to use the carpark:
The carpark customer receives a small ticket from a machine located at a boom gate
at the entrance to the carpark.
The customer pays for their car parking by inserting their ticket into a machine and
paying with cash or credit card before they collect their car to leave.
These machines are located at each level of the carpark.
To exit the carpark, the customer inserts the paid-for-ticket into the machine at the
Usually customers do not meet or speak with any Acme employees at any time during
However, customers can speak to an employee by pushing buttons on either the ticket
dispensing machine or the payment machine.
Required: Provide Acme with legal advice so Acme can put in place an enforceable exclusion
clause that would be a term in each contract with their customers.
(Question 2 on next page)
Question 2 (15 marks)
Cathy and Josh are building a house in Ballarat. They have entered into a fixed price contract
with a local builder, Wellbuilt Homes Pty Ltd. The total price for the build is $205,000. Included
in the contract is an allowance of $4,500 for vinyl plank flooring throughout the house.
The builder instructs Cathy and Josh to make a selection of vinyl planks from Stylezone
Flooring who have a shop at Sebastopol. Cathy and Josh look through the samples and
choose the sample called ‘Blackbutt’ for the flooring. The sample board is a rich chocolate
own colour. Cathy and Josh explain to Ernie, the salesperson, that they really like the colour
as it will match their furniture and soft furnishings. They even
ing some cushions and curtain
material along with them. They place these next to the sample board and are happy with the
Cathy and Josh sign the order form. Ernie, confirms that the total price of the planks does not
exceed the $4,500 allowance and so Cathy and Josh do not have to pay any extra for the
Approximately six months later, the house is complete and Cathy and Josh are conducting an
inspection. They are ho
ified to discover that the floo
oards in the house have a reddish
tinge. Cathy and Josh are very upset. They tell the building supervisor that they think that the
oards have been delivered and installed. The building supervisor checks the
delivery note and also the packaging for the product and confirms that the boards are Blackbutt
Vinyl Planks which is the product listed on the order form signed by Cathy and Josh.
Cathy and Josh return to the Stylezone showroom to complain to Ernie and to look again at
the sample board. Ernie shrugs his shoulders and says that sometimes there is some colour
variation during the manufacturing process and it is too late to complain as the building
supervisor accepted delivery of the boards on behalf of Cathy and Josh and the Wellbuilt
Homes have paid for the boards.
Required: Answer the following questions:
a) Identify the parties to the contract for purchase of the vinyl planks.
) Are Cathy and Josh entitled to any remedy against the supplier of the vinyl planks,
c) Would your answer to (b) be different if the order form that Cathy and Josh signed
included some fine print that Cathy and Josh did not read, including a statement that
the statutory terms implied by the Goods Act 1958 (Vic) are not to apply to this