Studentsarerequiredto resolve two caseproblemtype questions from a listof case problem questions provided from the prescribed textbook using IRAC method, based on topics discussed in lectures. Case...

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Studentsarerequiredto resolve two caseproblemtype questions from a listof case problem questions provided from the prescribed textbook using IRAC method, based on topics discussed in lectures. Case problem type questions include:  Contract Law  The Law of Torts and Negligence  Applications of Negligence to Business
TheassignmentmustbeinMSWordformat,nospacing,12-ptArialfontand2cm margins on all four sides of your page with appropriate section headings and page numbers.  Referencesourcesmustbecitedinthetextofthereport,andlistedappropriately at the end in a reference list using Harvard referencing style.



Purpose: This assignment aims at ensuring that students have familiarised themselves with their chosen case problem type questions and are able to apply the legal knowledge to factual situations, through written and/or oral communication, to achieve a reasoned conclusion. The ability to identify the relevant legal issues from a factual situation and the application of statute and case law involves the use of problem solving and decision making skills. The assignment consists of 2 parts: 1. Written report – worth 15% and must be submitted – Friday, Week 10 at 11.59pm. Part Ai s a case study on Contract law, and Part B is a question involving Civil Liability (the Law of Torts and Negligence). Both questions must be answered.  The total word limit for the group repot is 2,000 words. Each part has a maximum word count of 1,000 words. PART A: Contract Law Questions 1) Refertotheprescribedtextbook:Gibson,A,BusinessLaw,10th edition(Pearson,Sydney:2017). 2) From Part 3 – Law of Contracts, Chapters 7 to 15 on Contract Law, refer to the “Tutorial Questions” at the end of the chapters and choose one (1) problem case question. Note: it must be a case problem-type question and not a short answer question. 3) In not more than1,000words, answer your chosen legal case question using the IRAC method. 4) Your answer must be supported by relevant law and cases decided by Australian courts (preferably the High Court) and/or scholarly articles. A minimum of 3 scholarly, genuine and relevant references are required for this part of the report. 5) Your references must be listed in a Reference list at the end of the Part A question. HA2022 Business Law Group Assignment PART B: The Law of Torts and Negligence Questions 1. Refertotheprescribedtextbook:Gibson,A,BusinessLaw,10th edition(Pearson,Sydney:2017). 2. Refer to Part 2 – Civil Liability; Chapter 4 (Civil Liability: The Law of Torts and Negligence) and Chapter 5 (Applications of Negligence to Business). 3. Refertothe“TutorialQuestions”attheendofthechaptersandchooseone(1)problemcase question.Note:itmustbeacaseproblem-typequestionandnotashortanswerquestion. 4. In not more than1,000words, answer your chosen legal case question using the IRAC method. 5. Your answer must be supported by relevant law and cases decided by Australian courts (preferably the High Court) and/or scholarly articles. A minimum of 3 scholarly, genuine and relevant references are required for this part of the report. 6. Your references must be listed in a Reference list at the end of the Part B question. Assignment structure is to be written as a report format. It must include:  Cover page  Table of contents  Part A – Contracts Law question  Part B – Torts and Negligence question  Paragraphing  Page numbers  Reference list at the end of the report
Answered Same DayJan 11, 2021HA2022

Answer To: Studentsarerequiredto resolve two caseproblemtype questions from a listof case problem questions...

Preeti answered on Jan 18 2021
137 Votes
Case Law Discussions
Case Law 1: Contract law
Issue:
The case scenario is based on analysing and evaluating contractual ability of Margaret. It is found that Margaret run and owned an antique store, established in 2010 as a destination selling rare porcelain dolls. Initially, it was established as a business shop in 2010, later on, business shop was grown and advertised on the Internet. In 2015, business owner Margaret deci
ded to run the business for another couple of years and then retire. For this, her youngest daughter Emily was hired for working in the shop. She was asked to work in the shop for as long as was needed, and, agreed to receive unsold dolls in the form of compensation. At the time of retirement, business owner decided to give the unsold stock of porcelain dolls to the charity, allowed it to auction and keeping the proceeds.
The legal issue is to determine whether Emily is entitled to raise any claim against Margaret for her compensation or any other right she owes against the family business and owner.
Rule
The underlying case is addressed as per the provisions of Contract law, which stipulates contractual capacity to contract as an essential condition. The condition contractual capacity states that an individual can enter into legally binding contracts with other parties only if individual has legal competence to step or enter into the agreement. It is the fundamental issue to consider whether both parties are competent to enter into the contract (Carter, 2013).
The contractual capacity is determined by the reason of age, mental disability, and intoxication. In Australia, contractual capacity is the age of 18 years, stating that when an individual reaches at this age is considered as competent to enter into contracts. A minor is not considered as competent to enter into contract. Mental disability is another basic contractual condition stating that a person who lacks mental capacity to understand the broad nature and effect of the transaction is not entitled to enter into the contract. An individual with mental capacity can easily comprehend the details of the contract, its broad significance and importance (DiMatteo & Hogg, 2016). Any individual with mental faculties and impaired suffer from the lack of mental capacity. Any kind of incapacity due to mental disability or any kind of problem prevents an individual from entering into any kind of contract. Lastly, bankrupts are also prohibited from entering into any kind of contract, in spite, if they have general capacity to enter into contracts (Fairweather, O'Shea & Grantham, 2016).
A famous intoxication case law titled, ‘Blomley v Ryan High Court of Australia [1956] HCA 81; (1956) 99 CLR 362 (28 March 1956)’ where court considered situations in which intoxication led an individual to prelude the basic competence to enter into contract. In the case, Blomley entered into contract with Ryan who was found as prolonger and excessive consumption of alcohol at the time of contract. Later on, Blomley refused for specific performance and Ryan alleged against him, but, Justice rejected the claim on the ground that Ryan was not in the condition of specific performance at the time of signing the contract (Blomley v Ryan High Court of Australia [1956] HCA 81; (1956) 99 CLR 362 (28 March 1956, 2020).
Another case law based on mental disability in the history of Australian contract law is titled as ‘Gibbons v Wright (1954) 91 CLR 423’. The case is based on analysing whether a contract was effective or ineffective on account of ‘mental capacity’ on the part of two parties of the contract. The facts of the case stated that Gibbons and her two sisters-in-law executed joint tenancy document and converted it into tenancy document, later on. After their death, it was claimed by Gibbons that tenancy document was invalid and ineffective as sisters-in-law lacked mental capacity to enter into contract (Gibbons v Wright (1954) 91 CLR 423, 2020).
Application
On the basis of above discussed provisions of Contract law in Australian contract law, it could be said that Emily is legally incompetent to enter into contract. She was a minor at the time of joining the family business, therefore, compensation and working hours agreed between Margaret and Emily is not legally justifiable....
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