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(30 marks)
Question 1 (20 marks)
Vincenzo Franco and his family had come from Italy to visit relatives in Australia, decided that they would like to book a trip to Mount Hotham (Ski Resort) in Victoria. They had done a lot of research online about the activities and services available at Mount Hotham. They found a resort called “Scenic Views”, it advertised that all their guest suites had open-fire places, TV’s and Cable, a spa bathroom and spectacular panoramic views from a private balcony looking out on the snowfields and the snow covered mountains.
As Vincenzo Franco, did not speak very good English, he was having difficulty understanding the terms and conditions relating to booking at the resort. He decided that it was better if he went to see one of the marketing managers from Scenic Views at offices that they had in Melbourne rather than make the booking on the website.
When Vincenzo arrived at the offices of Scenic Views, he spoke directly to Mr George Smith (Marketing Manager). Vincenzo with his broken English explained to George that he wanted to book one guest suite at Scenic Views. George provided Vincenzo with a lot of detail about the hotel booking process and his options but he was not sure whether Vincenzo actually understood what he was saying.
Vincenzo asked about the price for 7 nights all inclusive and George responded $350 per night. Vincenzo thought it sounded quite expensive but because it was all inclusive he decided to book for the 7 nights.
Despite the information that George provided when Vincenzo and his family arrived they discovered that not all the rooms had private balconies or panoramic views. Vincenzo was very upset as this was not what he was expecting. Instead of the private balcony and panoramic views that he was expecting, his room was facing a grey wall from another building and had no balcony at all.
Vincenzo called George to complain and asked for and upgrade to a suite with a private balcony and panoramic views. George advised him that because it was peak season everything was fully booked.
Vincenzo was very unhappy and not satisfied with the level of service and did not want to stay there and get a refund for the 7 nights that he paid for. However George explained to Vincenzo that according to the terms and conditions from Scenic Views Hotel they could not refund the money and that there was normally a cancellation fee of 3 nights accommodation.
Vincenzo was very angry but did not know what to do… He was becoming increasingly frustrated because of his English. He was convinced that George, the Marketing Manager was not acting in good faith.
Question 1 (20 marks)
Required
Please advise Vincenzo Franco if he entered in a contract with Scenic Views and if this contract can be invalidated under the principles of Contract Law.
(a) Explain how the ELEMENTS to be satisfied in order to make a simple contract valid
• You will need to address all the essential elements of a contract including (Offer and acceptance, intention and consideration) as well as elements of a valid contract (Capacity, Legality, Genuine Consent – Mistake, Misrepresentation, Durres, Undue Influence and Unconsc ionability.
• You will need to address and explain the methods by which a contract is ended.
• You will need to address and explain Remedies available for Vincenzo Franco
Note : You must identify relevant case studies in order to support your legal argument .
( 10 marks)
(b) Explain the construction of the contract .
• For the purposes of this part you should distinguish between representations and terms.
• Explain the importance of a collateral contract
• Distinguish between conditions and warranties
Note: You must address these questions according to the case scenario provided and do not forget to provide relevant cases studies to support your legal argument.
(10 marks)
Question 2 (10 marks)
Required
Explain to Vincenzo what are his Australian Consumer Law Guarantees under the Competition and Consumer Act 2010 (Cth) .
• You need to justify your view as to whether these guarantees are available. You will also need to explain the meaning and significance of the implied consumer guarantees.
• Explain the consumer’s rights in the event of the supplier’s failure to comply with a consumer guarantee.
• In addition, Explain the remedies available to Vincenzo Franco and the penalties that can be imposed to Scenic Views under the Act against a trader in breach of the Australian Consumer Law.
( 10 marks)
Overview of the task
Task: Assignment consisting of two main questions.
Total marks: 30
Total length of both questions: 2,000 (minimum) - 2,500 Words (not including footnotes (or other internal references) and bibliography)
Due Date: Friday 23 September (23.59 pm Melbourne time)
How to submit
(1) You must submit a softcopy of your assignment through VU Collaborate drop box by the due
date. This allows for official receipt of the assignment, and Turnitin analysis.
AND
(2) You must also submit a hardcopy at your first class in Week 10. The hardcopy must be the same as the softcopy, and include a declaration form. It will be marked and returned to you with a feedback sheet.
Details of the task
• The assignment is to be completed individually and requires students to undertake their own research of academic materials outside of those prescribed or provided in the unit as a basis for their completed assignment (e.g., legal journal articles, case summaries, other texts).
• Students must read and follow all instructions carefully and familiarise themselves with the VU Academic Integrity and Plagiarism policies.
• Question 1 of the assignment should be written using the IRAC method. Question 2 should be written in the style of an essay.
• Statements of law should be supported with appropriate references to Australian law (cases) and relevant textbooks/articles/journals.
• Students should be wary of using internet sources that are not of acceptable academic standard. For example, wikipedia, or similar sources are not acceptable.
• A bibliography is required.
• Referencing style: see https://www.vu.edu.au/library/get-help/referencing/referencing-guides (AGLC)
• Scholarly writing, plagiarism and copyright
• Part of what it means to be a ‘scholar’ is to engage with the work of others, for example, to extend or refine one’s own ideas, critique the work of others, or test and extend theories. Learning and assessment activities therefore often require you to gather information from a number of sources. This may include factual information, data or calculations, visual artefacts and written texts. Whenever you use the work of another person, you must acknowledge that source using the correct referencing system. Failure to acknowledge other people’s work appropriately may be regarded as plagiarism or academic misconduct. Use of one's own previous work in satisfaction of a new assessment requirement is also not be allowed unless it is an explicit requirement for the unit.
• VU deals with plagiarism according to the Academic Integrity and Preventing Plagiarism Policy.
• VU uses Turnitin for the review of written assessments. Turnitin checks submitted work against sources from across the world, and provides a report detailing the use of third party text and references. Written assessments are automatically submitted via Turnitin in the unit site. You may be provided access to submit assessments early and review the reports, to help you understand where referencing should occur.
• All students and staff of Victoria University are also bound by the requirements of the Copyright Act (1968) and the University’s Copyright Material (the Use of) Policy when using third party copyright material in the course of their research and study. Please ensure that you familiarize yourself with this policy and the rules around use of materials produced or owned by others. For information on copyright entitlements and responsibilities for study and research please see vu.edu.au/library/referencing-copyright/copyright
• Adjustment to assessment arrangements
If you are unable to undertake or complete an assessment due to adverse circumstances the following arrangements may apply:
Late submission of assessments - Short extension of time
If you are unable to submit an assessment item on time, due to circumstances outside your control, you may apply for a short extension of time of less than five (5) working days. The standard penalty for late submission without an approved short extension will be 5% of the total possible mark per working day. If submission is overdue by more than ten (10) working days, the work will not be assessed. Full details of the procedure for applying for a short extension are available here. You can download the form from the policy library or use the quick link here.
• Preparation
Students are expected to review the relevant topics (i.e., lecture materials and relevant chapters of prescribed textbook) as well as to conduct more in-depth research into the topic using a variety of reputable academic resources.
It is recommended that begin researching the assignment as early as possible. A marking rubric for this task will be made available in the Assessments module of this space.
• Assessment Criteria and Submission
• All assignments are to be submitted electronically via the Assessment Dropbox provided. Assignments will be submitted via Turnitin, where originality reports will be generated and can be viewed.
• Students should endeavour to achieve less than 30% similarity.
• An assignment declaration form must be submitted with the assignment.
Luis Quintero Moctezuma
Email:luis.quintero-moctezuma@vu.edu.au
Mobile 0455 880 599
Unit co-ordinator, BLO1105
College of Law and Justice,