Recent Question/Assignment

HI5018 BUSINESS LAW
TRIMESTER 2, 2014
Assignment 2 – Case Studies
Assessment Value: 20%
Word Length 1500- 2000 words
Due Date – Friday Week 10 by 5pm
Instructions:
Obtain a copy of a written contract that is available in Australia from the net or another source. For example you could download one of the many online contracts you are asked to agree to before accessing a site or entering an online contract.
Please provide the following information;
(i) Select a term in the contract that is written in complicated legal language. Highlight at least three words or phrases that you don’t understand, research their meaning and provide a definition for each one. Please include an example if you think that will help. (5 marks)
(ii) Proved a plain English ‘translation’ of the term you chose in (i) above or another term. The words you use should be clear to most English speaking adults. Feel free to make significant changes to the structure or wording and to use everyday language. (5 marks)
(iii) Print out and highlight six terms. Explain why you consider the highlighted as a term. You then must classify each term as either a condition or warranty using case law found in Chapter 19 of your textbook. You must include a brief explanation about why you think each one can be classified in this way. (10 marks)

1. Use IRAC (Issue/Rule/Application/Conclusion) Structure for Question 3 (please refer to Sample-IRAC Structure. Doc)
2. Word Count:
Question 1 + Question 2 = around 500 words
Question 3 = around 1000 words, so totally around 1500 words
3. Reference: both in-text reference and reference lists are needed (please refer to prescribed textbooks in Introduction to Business Law. Doc)
4. Question 3 – Highlight 6 terms (2 IRAC for each term, so totally 6*2=12 IRAC)
First IRAC for each term:
Issue – identify why they term,
Rule- 5 tests (can be found in Lecture Notes Week 7 page 9-10,
Application – choose one of the five tests to prove your argument
Conclusion – is it a term or not?
Second IRAC for each term:
Issue – classify condition or warranty
Rule – 2 tests:
1. Looking at the contract as a whole, and consider whether the stipulation is essential to the contract – Associated Newspaper Ltd v Bancks (1951)
2. Looking at th effect the breach has on the contract – Poussard v Spiers & Bond (1876), Bettini v Gye (1876)
Application – Based on the rules above
Conclusion – condition or warranty
PS: I need two sets of this assignment.

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