Contracts
Spr 2020 Enterprise Law 200909 Short answer questions – 30% Due: Wednesday 9th September before 5 pm. Submit via Turnitin link on vUWS. Students are only allowed ONE submission via Turnitin. Make sure you upload your final version. This is an exercise in legal problem solving. This assessment task covers material in Contracts I and II only. Assessment tasks exist to help students learn and apply their knowledge. Grades exist to show how fully this goal is attained. This assessment task must be the student’s own understanding and effort. If the words or ideas used are not your own, then you must correctly reference them using the Harvard/WesternSydU referencing style. Requests for extensions will only be considered in the most extraordinary circumstances. If you make such a request, you must attach all work done to date on this task to your email, otherwise it will be automatically declined and you may then need to file an application for special consideration. Late penalties will apply to a submission made after the due date without an extension – 10% of total marks per day or part thereof. You should upload your completed work as soon as you are able, without waiting for an email from the unit coordinator granting or declining an extension, or for an outcome on your special consideration application. A deferred assessment task might be granted as a result of your application for special consideration. If so, it will take the form of a 2 hour open book online exam. This will be held after the teaching is finished but before the final exam, i.e. in stuvac. This assessment task is designed to address all student learning outcomes for the unit: Before submitting your answer, it should be spell-checked and read aloud to check for grammatical errors and/or run through the grammar-checking tool in MS Word. Word limit: 1000 words for the entire task, excluding your Reference List. This is a strict word count, you cannot exceed this count, therefore no +10% permitted. The penalty for exceeding the word limit is 1 mark per 100 words or part thereof. Do not attach a cover sheet, as this is built into the Turnitin system. If you do this will impact upon your Originality Report, your word count, and your privacy. Format: Double spaced, Arial 12 point, MS Word document. If you do not use a Word document we will not be able to view and mark it. Please note you can download the MSWord App for iPads free via App Store. If you have a question about this assessment task, please read the Learning Guide and these instructions, before posting a question to the Discussion Board on vUWS. Do not email the unit coordinator unless your enquiry is of a personal nature. Using the Discussion Board means that every student has the benefit of access to the answers to questions about the assessment task, which is a fairer system for everyone. Do NOT post your actual responses to any of the questions, as this may involve you in possible academic misconduct. Also do not ask for help in identifying how to answer a problem. QUESTIONS: There are four questions in this assessment task. Students must answer them all. Question 1:11 marks a. Carbord Ltd (C) is a building materials wholesaler. On Monday morning C received a letter containing an order from a regular customer, Home Interiors Ltd (HI), ordering a certain number of gyprock sheets, with measurements, to be delivered to an address in Sydney the following Monday. C immediately posted its confirmation that the order was accepted. This letter would have ordinarily taken 2 days to reach HI’s place of business but, due to a strike affecting Australia Post, the letter was not delivered until Friday afternoon. On Friday morning, having not heard from C, HI, believing C were not able to supply the materials, ordered the same materials from an alternative wholesaler. HI sent a fax on Friday afternoon, before the mail was delivered, to C cancelling the order. HI is now refusing to accept the gyprock sheets from C, or pay for them. Advise Carbord Ltd. (6 marks) b. How would your answer change if the order had been received by email on Monday morning and the return email confirming said order was slow to reach HI due to a hacking incident to HI’s server? The confirmation email entered HI’s server on Tuesday morning, but HI had faxed a cancellation of the order at 4:15 pm the previous day, Monday. (5 marks) Question 2:5 marks Jenny misplaced her personal organiser while at work. She placed a reward notice on the staff notice board. The following day one of her colleagues, Samantha, returned her organiser. Samantha was not aware of the reward notice. Overjoyed at the return of her personal organiser, Jenny said she would pay Samantha the full amount of the reward. Subsequently Jenny changes her mind. Is Samantha entitled to demand the offered reward? Question 3:6 marks Joe purchased a small cafe from Simone. Joe was induced to buy that business by a statement by Simone who said the average takings were $2,500 per week. Two weeks after taking over the business it became apparent to Joe that the shop took no more than $750 per week. Simone’s statement must have been made knowing it to be false. Joe wants to return the business and recover the purchase price. Is Joe likely to be successful. Explain your answer fully. Question 4:5 marks In the course of an internal audit the inhouse accountant discovered that a senior employee’s daughter had misappropriated (stolen) nearly $500,000 from the company. The managing director of the company spoke with the senior employee and threatened to report the matter to the police unless the senior employee agreed to repay the money. The senior employee signed a document acknowledging the debt and a schedule of repayments. She failed to comply with this schedule. The company now wishes to sue her for the amount owing. Will the senior employee succeed in defending the action relying upon duress? Three marks are specifically set aside for English expression and referencing in your answer. This is negatively marked, that is you will lose ½ mark for each error up to a maximum loss of 3 marks. The marking guidelines are as set out in the Learning Guide: Students are assessed against those standards. Please note the criteria are not equally weighted. END OF QUESTIONS. 2