Objectives
This assessment item links to the course objectives as stated in the Course Profile.
Details
This assignment is to be submitted in one (1) Word document only. This assignment is to be submitted online via Moodle by the due date stated.
The method of referencing to be used in this assignment is either the American Psychological Association (APA) referencing method or the Australian Guide to Legal Citation, 3r ed.
Additional information regarding this method is available through the library and the Academic Learning Centre. When making a reference, cite the original source or authority in preference to a secondary source such as the textbook, especially when you are discussing various sections of legislation. This means you should make reference to legislation and cases as a priority to back up any arguments that you make in your assignment.
A bibliography at the end of the assignment is required but it will not be part of the word count.
Students must complete all Parts of the Assignment.
Part A
Locate the full law report for the case referred to below at the Australian Legal Information Institute site (www.austlii.edu.au). Please be very careful that you find this particular case. The citation of the case is important. See the text in chapter 4.
Most parts of the Part A answers can be taken from the case but you may also do further research or refer to Moodle materials in your assignment.
Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28
Read the case and answer the following questions. Use complete sentences.
1. In what court was this case heard and how did the case reach this court?
2. Is this case a civil or criminal case? Which party bears the onus of proof in the present case?
3. In your own words briefly outline the main legal issues in this case. The case, prescribed textbook and other research will be helpful.
4. Identify the legal arguments of the appellant.
5. Explain how the doctrine of precedent and the hierarchy of Australian courts are illustrated by this case.
6. Explain how the terms of a contract and issues of legitimate commercial interests can be treated by the courts in Australia according to this decision.
7. Do you think the outcome of this case is fair? What business law lessons did you learn from reading this case?
Part B
1. Starting in March 2016 Allan leases a coffee shop to Wendy in a new shopping centre on the outskirts of Brisbane for $1000 per week. The lease is for five years. The centre's operations are not very successful and many of the tenant shopkeepers leave. After twelve months Wendy asks Allan if her rent can be reduced to $500 per week. In May 2017 Allan agrees and for the next twenty weeks Wendy pays the reduced rent. Allan hears a rumour that Wendy is about to vacate and give notice terminating the lease. Allan starts legal proceedings against Wendy to recover $10,000 arrears of rent for the twenty week period. Advise Wendy of her legal position and the likelihood that Allan can succeed in the case. Use case references in the analysis.
2. (a) Fred a farmer in South Australia is poorly educated and unable to read and write. He buys a tractor from Trust Tractors Pty Ltd on credit for his own farm and does not realize that the contract finance terms are at a very high interest rate. The interest rate makes it impossible for Fred to keep up the payments. He wishes to get out of the contract on the basis that the salesperson for Trust Tractors took advantage of his inability to read and write and failed to explain clearly the high interest rate. Advise Fred as to whether he can obtain a remedy under the Australian Consumer Law. Do not discuss the common law.
(b) Linda buys an electric exercise bike from the local Big Z Inc store. The television advertisement she saw stated that the bike had strong power and came with a three year warranty. Within a week of purchase the bike would not power up and it is clear that the motor is too small and underpowered for the bike. Linda seeks a refund from the store but the salesperson advises her that the store does not give refunds. Advise Linda of her rights and possible remedies under the Australian Consumer Law. Do not discuss the common law.