CLW 1000 Commercial Law Assignment 3T 2014
Note the following when answering the assignment question
1. This assignment accounts for 25% of your assessment.
2. Use the IRAC method
– A good answer will identify the issue/s in question, state the relevant law clearly, apply the
law to the facts in the question and argue well using relevant cases.
3. It is your responsibility to be familiar with Kaplan’s policy on
• Plagiarism
• Referencing – acknowledging source of research materials
• Student misconduct
• Turnitin – similarity
QUESTION (25 MARKS)
Hamid is a refugee from Afghanistan who was recently released from the detention
centre in PNG and is currently living in Adelaide. While walking in Rundle Mall one
day he was approached by Kathy who was selling internet access contracts for a
newly formed internet company Speed Connect Pty Ltd. Hamid speaks very little
English and Kathy is aware of this. Kathy explains the terms of the contract which is
essentially that Hamid would be bound to a 2 year contract and if he breaks the
contract anytime before the 2 years he will incur a $1,200 penalty. The contract
comes with a free Samsung tablet. Kathy uses some technical language to explain the
terms to Hamid, aware that he doesn’t understand the full extend of the contract terms.
There is a telephone translation service available but Kathy choses not to use this as
this translation service usually takes twice as long. Kathy works on a commission
basis. The more contracts she sells the more she earns. She wants to sign up this
contract quickly as she is keen to sign up three more contract before close of business.
Hamid has been thinking of getting internet connection as he wishes to Skype his
family back home in Afghanistan and also to do a free on-line English course. He is
under the impression that he can terminate this contract anytime he wants without any
penalty and all he has to do is give Speed Connect one month’s notice and return the
tablet.
Three months into the contract Hamid finds that he is unable to cope with the
financial demands of this contract as there are many hidden costs which he was
unaware. When he contacted Speed Connect to give his termination notice he was
shocked to learn that there is a $1500 penalty.
Advise Hamid if this contract with Speed Connect is valid? Can he get out of this
contract?
Use the IRAC (Issue, Rule, Application & Conclusion) method to answer your
question.