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Common Law Assignment
Order Description
the questions is uploaded with the power point guide for writing .. the case is in a PDF file
This is a common law problem-solving assignment, and as such, you are not required to discuss any legislation. The IRAC guide to answering problem questions is the format adopted for this assignment and the power point guide is uploaded to explain the IRAC . It has been set out for you. You should cite relevant case authorities (cases) to support your answers.
. Presentation: Your assignment must be typed with double spacing and wide margins. Size 12 font must be used.
. Referencing: You must reference your work appropriately using footnotes. The Short Guide to Legal Citation is attached with the additional uploaded files contains information on footnote citations. No bibliography is required.
. Word Limit: The word limit is 1,500 words, including footnotes. You must provide the word count on the front page of your assignment.
our text book is “law and business , third edition , oxford , Authors Tony Ciro , Vivien Goldwasser , Reeta Verm. if it’s possible to use it as a reference .
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Faculty of Business, Economics and Law
School of Law
Introduction to Business Law
Common Law Assignment
Semester 2 , 2014
Instructions
1. Weighting: The assignment is worth 20% of your final mark in this subject.
2. Due Date: The assignment is due and must be submitted latest by 4:00 pm on Monday, 15
September, 2014 .
3. Questions: You must answer all questions.
4. Type: This is a common law problem-solving assignment, and as such, you are not required to
discuss any legislat ion. The IRAC guide to answering problem questions is the format adopted for
this assignment. It has been set out for you. You should cite relevant case authorities (cases) to
support your answers.
5. Presentation: Your assignment must be typed with double spacing and wide margins. Size 12 font
must be used.
6. Referencing: You must reference your work appropriately using footnotes. The Short Guide to
Legal Citation available on LMS contains information on footnote citations. No bibliography is
required.
7. Word Limit: The word limit is 1,500 words, including footnotes. You must provide the word count
on the front page of your assignment.
8. Cover Sheet/Statement of Authorship: Your assignment must be accompanied by a cover sheet
available on LMS.
You must complete all the details required on the cover sheet including your tutor’s name
and seminar time, and your name and student number. You must sign and date the cover
sheet.
9. Submission: You must submit both a hard copy and an electronic copy of your assignment:
a. Electronic submission (Turnitin): You must upload an electronic copy of your assignment
unto LMS via the assignment submission (turnitin) link for the common law assignment. Do
not email your assignment to your tutor or lecturer. The document submitted through this
link must be the same as the hardcopy you submit. Failure to submit electronically will result
in your assignment not being assessed.
b. Hard copy submission as follows:
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Bundoora: Box located on the 2nd floor of the Donald Whitehead Building.
Dandenong : Submit assignment at the main office, to be date-stamped and left in Diana
Blackburn’s pigeonhole 2.
10. Plagiarism: Avoid plagiarism! This is not a group assignment. You must submit your own work.
You must ensure the work is your own written work and not a copy of another student’s work. You
must not show anyone your written work and do not view any other person’s work. Academic
misconduct is taken very seriously at la Trobe University. See the Subject Learning Guide for further
information. You must acknowledge all your sources with appropriate citations.
11. Policies: School policies on submission, late submission and application for extension of time are
available on LMS and in the Subject Learning Guide.
12. Resources: Prescribes and Recommended textbooks available in the library; lecture recordings;
seminar notes (taken by student); lecture point slides; video on answering problem questions
available on LMS.
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COMMON LAW ASSIGNMENT PROBLEM
Answer all questions.
TIP: Read this before you start:
You should read the following facts carefully. When reading facts, you should pay attention to who
the parties are; what happened and when; and who did or said what. It may also help to read the
questions (A -D below) to become familiar with what you are required to do before you read the
facts. You may need to read the facts a number of times. This will help you to identify relevant facts
and to start thinking about the legal issues.
The Facts:
Frank and Frances, twins, turned 21 on the 24
th
of August 2014. They commenced plans in March of
201 4 for a big -bash on the night of their birthday. On the 8
th
of April 2014, they approached
Centreline F unctions (hereafter CF) for a room to accommodate 100 guests. They met with Keith,
CF’s manager and discussed the date and time for the party: 24
th
of August 2014 from 8:00pm to
2:00am. Keith inform ed Frank and Frances of CF’s catering services and they di scussed a price per
head of $20, making a total of $2,000 (two thousand dollars ) for catering for 100 guests. After the
discussion, Keith requested that Frank and Frances write a letter to CF requesting use of CF’s
premises on the 24
th
of August 2014.
On the 10
th
of May 2014, Keith received a letter from Frank and Frances requesting use of CF’s Large
Function Room for 100 guests on the 24
th
of August 2014 from 8:00pm – 2:00am; Catering at $15
per head for 100 guests , including catering for 25 vegetarian guests. On 12
th
of May 2014, CF wrote a
letter dated 12/5/14 to Frank and Frances as follows:
“Thanks for your letter requesting hire of CF’s Large Function Room on the 24
th
of August
2014 from 8:00pm – 2:00am; Catering for 100 guests at $15 per head: $1 ,500; Large
Function Room Hire: $500; Drinks: BYO.
Please sign below and return within 7 days of receipt.”
Below statement also appeared in small print at the bottom of the letter:
“Customer will be fully responsible for any damage to CF’s property ca used by their guests.
CF accepts no liability whatsoever for any stolen property.”
On the 16
th
of May 2014, Frank and Frances signed the relevant section of the letter dated 12/5/14
and returned it by post to CF. CF received the signed letter on the 17
th
of May 2014.
On the night of the 24
th
of August 2014, t he party was going well until Dazzle, Frances’ girlfriend,
who was obviously drunk, got into an argument with another guest. A fight broke out and Dazzle
picked up a bottle and threw it breaking the decorative mirror hanging on the wall of the Large
Function Room. The mirror is valued at $300 (three hundred dollars). In addition, CF did not provide
any vegetarian meal on the night . This left F rank and Frances’ almost 20 vegetarian friends with no
food to eat. Also , Frances discover ed after the party that her $1000 (one thousand dollars) diamond
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wrist watch which she had received as a gift from her boyfriend had gone missing in the locker
provided for guests by CF.
CF is now claiming the c ost of the broken mirror from Frank and Frances. Frank and Frances are
refusing to settle CF’s invoice claiming that they had requested vegetarian meals which were not
served and that CF is responsible for Frances’ missing diamond wrist watch.
Are Frank a nd Frances liable for the broken mirror? Is CF liable for the stolen diamond wrist watch?
Should Frank and Frances pay the invoice even if no vegetarian meals were delivered?
TIP: In order for a court to answer the three questions posed at th e end of the problem, it will need
to determine whether the contract is valid. To do this, the court w ill identify the legal issues and the
relevant legal principles; the court will then apply the legal principles to the facts and reach a
conclusion. To have a reasonable idea of how the court might approach the issue, you are required
to do the following:
The questions:
A. There are at least five legal issues relating to the validity of a contract in this problem, what are
they?
TIP: Remember an issue is a legal question the court would have to consider and determine in
order to resolve a dispute between parties.
ISSUE 1:
ISSUE 2:
ISSUE 3:
ISSUE 4:
ISSUE 5:
[5 marks]
B. Now, in relation to each of the issues you have identified, what are the relevant legal principles?
TIP: A legal principle is a statement of law. Statements of law may be found in statutes (also
referred to as legislation – statute law) or decided cases (case law). Since this is a common law
assignment, you are only required to identify case law . So, which le gal principles apply to each
of the issues you have identified? Remember to cite relevant cases.
LEGAL PRINCIPLES APPLICABLE TO ISSUE 1:
LEGAL PRINCIPLES APPLICABLE TO ISSUE 2:
LEGAL PRINCIPLES APPLICABLE TO ISSUE 3:
LEGAL PRINCIPLES APPLICABLE TO ISSU E 4:
5
LEGAL PRINCIPLES APPLICABLE TO ISSUE 5 :
[7 marks]
C. Now that you have identified the legal issues and the applicable legal principles, you should
apply the legal principles to the facts provided to reach a reasonable conclusion.
TIP: Application of legal principles to given facts is an analysis of the facts in relation to the legal
principles. If you are not sure of what to do here, go and watch the video recording on
“Answering problem questions” on LMS.
APPLICATION OF LEGAL PRINCIPLES TO THE FACTS IN RELATION TO ISSUE 1:
APPLICATION OF LEGAL PRINCIPLES TO THE FACTS IN RELATION TO ISSUE 2:
APPLICATION OF LEGAL PRINCIPLES TO THE FACTS IN RELATION TO ISSUE 3:
APPLICATION OF LEGAL PRINCIPLES TO THE FACTS IN RELATION TO ISSUE 4:
APPLICATIO N OF LEGAL PRINCIPLES TO THE FACTS IN RELATION TO ISSUE 5:
[6 marks]
D. Now that you have taken the first three steps (A -C) , what in your opinion is a reasonable
conclusion in relation to validity of the contract? In other words, is there a valid contract between CF
and Frank and Frances? Are Frank and Frances liable for the broken mirror? Is CF liable for the stolen
diamond wrist watch? Should Frank and Frances pay the invoice even if no vegetarian meals were
delivered? How do you think the court will answer these questions?
CONCLUSION:
[4 marks including 2 bonus marks ]
