INSTRUCTIONS
1. This assignment is worth 20% of your final mark for this subject.
2. Your assignment must be submitted by 12pm (midday) on Wednesday 13 September 2017.
3. This assignment runs across three pages and contains FOUR (4) questions. All FOUR questions must be answered.
4. With regards to formatting, your assignment must be typed with 1.5 or double spacing, and with margins of at least 2cm on all sides. Size 12 font must be used.
5. The task is a common law assignment, so you are not required to discuss any legislation at all. It is essential that you cite relevant authorities (cases) to support your reasoning in each answer.
6. Your work must be appropriately referenced, using footnotes. Where you state a legal principle which comes from a case, you must provide a citation to the relevant case. You are not expected to read the cases themselves: as long as a case is summarised in the textbook, you can cite the case itself. If you are stating a legal principle that is covered in the textbook or lecture and which does not have a relevant case provided in the textbook, you should cite the textbook. You are not expected to use any materials beyond the lectures and the set textbook. But if you do, you must provide appropriate citations. No bibliography is required.
7. Your assignment must be 1,500 words or fewer, excluding all footnotes. This word limit is strict. You must state the word count on the front page of your assignment. (If you fail to provide this, the examiner will be forced to estimate the word count, and this may lead to penalties.)
8. You must also state the details of your seminar on the front page of your assignment. This includes the day and time and location of your seminar, and the name of your seminar leader.
9. Assignment submission is electronic only, via the link on LMS: the link is accessible from the same folder where you downloaded this document. Do not email your assignment to your tutor or the lecturer. Your assignment will not be marked unless and until you have completed electronic submission.
10. You must not plagiarise. To avoid plagiarism, make sure you acknowledge all your sources with appropriate citations. You may discuss the questions with other students, but all written work must be your own: do not show anyone your written work for this assignment, and do not view anyone else's. Academic misconduct is taken extremely seriously at La Trobe University. Further information about plagiarism and academic misconduct is provided in the Subject Learning Guide.
11. Further information about policies on late submission, applying for an extension, etc. is available on the LMS, and in your Subject Learning Guide.
After many years of teaching Physical Education (PE) at the local high school, Peter's doctor suggests that he considers a career change as his body, particularly his back, will not handle the strain for much longer.
Peter decides to take early retirement and write that book that he has been dreaming of all his life. In preparation for this change, he clears out the guest bedroom and converts it into a study.
After seeing a television advertisement in which Furniture Forever claims to stock 'the biggest and best range of office furniture in Australia', Peter decides to visit the show room in Docklands to have a look at their stock.
Samantha assists Peter at Forever Furniture. Peter explains that he has a serious back problem after years of being a PE teacher: 'I need an office chair that will support my back sufficiently to allow me to spend the whole day working in the study comfortably without developing back pain. No use trying to be a writer if you cannot spend long hours at a desk.' He added, ' By the way, I prefer leather to synthetic materials.'
'I have got just the chair for you!' Samantha responded and suggested a high-end office chair, the OFFICE PRO 9X. Samantha shares with Peter that she also struggles with her back and understands his concern about back support. She states that, 'Nothing beats the OFFICE PRO 9X. I think it's the best on the market. It is an amazing office chair. At $350, it is a steal.'
Peter decides to buy the OFFICE PRO 9X. He pays a deposit and signs the contract of sale without bothering to read through the document.
Clause 10 of the document states the following:
'Forever Furniture is not liable for any breach of warranty under this agreement.'
Peter is very excited about his purchase and he assembles it and starts using the chair on the same day it is delivered. Within the first couple of hours, Peter's back starts aching, forcing him to stop writing and he suffers a painful night. Peter tries to use the chair for a few days, but his back pain continues to flare up after a couple of hours in the chair. In addition, whenever he sits on the chair wearing shorts, his legs itch. It appears the chair is made of synthetic leather.
Not surprisingly, Peter is very disappointed with the chair. He does not think it's an amazing office chair and he seriously doubts that it's the best on the market. He wants to sue Forever Furniture as the OFFICE PRO X9 does not offer sufficient lower back support and he is unable to work in his study the whole day as he intended.
1. Is it a term of the contract that the OFFICE PRO X9 is an amazing chair and/or the best on the
market? Motivate your answer.
(6 marks)
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his concern about back support. She states that, 'Nothing beats the OFFICE PRO 9X. I think it's the best on the market. It is an amazing office chair. At $350, it is a steal.'
Peter decides to buy the OFFICE PRO 9X. He pays a deposit and signs the contract of sale without bothering to read through the document.
Clause 10 of the document states the following:
'Forever Furniture is not liable for any breach of warranty under this agreement.'
Peter is very excited about his purchase and he assembles it and starts using the chair on the same day it is delivered. Within the first couple of hours, Peter's back starts aching, forcing him to stop writing and he suffers a painful night. Peter tries to use the chair for a few days, but his back pain continues to flare up after a couple of hours in the chair. In addition, whenever he sits on the chair wearing shorts, his legs itch. It appears the chair is made of synthetic leather.
Not surprisingly, Peter is very disappointed with the chair. He does not think it's an amazing office chair and he seriously doubts that it's the best on the market. He wants to sue Forever Furniture as the OFFICE PRO X9 does not offer sufficient lower back support and he is unable to work in his study the whole day as he intended.
1. Is it a term of the contract that the OFFICE PRO X9 is an amazing chair and/or the best on the
market? Motivate your answer.
(6 marks)
2. Is it a term of the contract that the OFFICE PRO X9 provides sufficient lower-back support to
allow Peter to work comfortably the whole day?
(4 marks)
3. If it is a term of the contract that the OFFICE PRO X9 provides sufficient lower-back support to
allow Peter to work comfortably the whole day, what kind of term is it?
(4 marks)
2IPage
4. Does the exclusion clause, clause 10, prevent Peter from suing Forever Furniture for breach of contract because the OFFICE PRO X9 was not providing sufficient back support to work the whole day?
(6 marks)
END OF ASSIGNMENT