Assignment objective:
Whilst this assignment involves students undertaking legal research, it also seeks to simulate scenarios relevant to actual legal practice.
This assignment requires students to:
• Analyse the factual scenario and identify the relevant legal issues therefrom;
• Undertake legal research necessary to provide the required written advice;
• Use appropriate written expression and utilise appropriate referencing (compliance with Australian Guide to Legal Citation)
The names of persons or corporations used in this assignment are entirely fictional. Any resemblance to any actual person or corporation is totally coincidental and unintended.
Learning outcomes:
This assessment relates to learning outcomes 1, 2, & 3 (details outlined in the unit of study guide).
Assignment instructions:
You are undertaking your supervised workplace training year with Old, Bailey & Partners ("OBP"), a long established mid-tier Melbourne based law firm with a large commercial law practice. The partner in charge of OBP's commercial law department, AlanOld ("AO", who is the grandson of OBP's joint founding partner, Cecil Old) informs you of a recent conference he had with a new client, Henry Higgins ("HH").
HH is the managing director of Boats World Pty Ltd ("BW").BW is a large, family owned and operated private company whose core business is the service and repair of all types of yachts, recreational motor driven boats, speed boats and small passengertransport vessels. BWconducts its repairs and service division (under the registered name "BW Services") from its modern, high-tech and environmentally sustainable facility in Geelong, Victoria.HH instructs AOas follows:
Fact scenario 1:
BWhas an impressive customer base, particularly amongst wealthy owners and operators of maxi yachts, luxury motor yachts and speed boats. Whilst such customers are certainly the "good paying" variety, like most other business, BW also unfortunately has experienced its share of problem paying customers that eventually become bad debtors. One of BW's customers, Coast Charters Pty Ltd ("CC") has been a customer that has not always paid BW's invoices on time. CC is a small touristcharterer with a fleet of one motorised 20-person vessel, named the Sunday Sailor.CC has requested BW to install a new marine diesel engine to the Sunday Sailor(total cost being $32,000). CC has requested a payment plan arrangement for its purchase of the supply and installation of the new engine. Understandably, BW is concerned that CC might default in its payment obligations.
Having regard to any relevant provisions of thePersonal Property Securities Act 2009 (Cth)("PPSA")advise AO as to how the PPSA may be utilised in order to protect BW's interests in the event of such possible default by CC.
S 12 of the PPSA ACT
Whats the deal thats going to be done in terms of installing the engine. Contract for installation involve the outright sale of the engine in terms of the payment plan, or would it include the intention of title. Need to know before registering under the ppsa
If just the contract - need document for security interest.
What is the security interest how does the engine fall into that?
What circumstance is security interest under ppsa, what is security interest, under ppsa need define personal property and what section, how security interest fits into it. Definition of personal property - tangible and intangible property
Whether or not security interest whether a loan or just payment plan - under contract of sale - goods act s 22 -
Rention of title clause - in this case it needs to be registered under ppsa (whether or not if it is a pensie)
Questions about registration under ppsa - advantages
Fact scenario 2:
Further to fact scenario 1 above, the Sunday Sailor is currently located at BW's dry-dock facility in Geelong. It has just undergone hull repainting and keel repairs. Under the terms of BW's service contract, CC is to pay BW in full for the cost of the repainting and repairs ($12,500) upon completion.The Sunday Sailoris ready for pick up by CC, however, CC has informed BW that it is not in a position to pay BW for the works until next month. Understandably, BW is not happy with this.
Advise AO as to any relevant bailmentlaw considerations applicable to the above situation.
Define bailment - is this a bailment. Look at contractual bailment, obligation on bailee and bailor, mention repairer'slien
Fact scenario 3:
HHalso instructs AO about a matter concerning BW's Tasmanian exclusive sales agent, Tassie Sails Pty Ltd("TS").
At a boating and leisure conference held in Hobart last month, HH was informed by a major Tasmanian leisure craft retailer, South Craft Pty Ltd ("SC") that TS hadrecently sold to it 20 PM's. HH is shocked at this, as TS had stated in its monthly sales report that it had sold 10 PM's to SC. HH was also informed by SC that on some occasions, TS has sold to SC sail masts produced by manufacturers other than BW.
Advise AO as to any relevant agency law considerations applicable to the above situation.
what is an agency?
BW principle in Tassie sails (TS) TS is exclusive agents of BW
Issue: what are the obligations of the exclusive agent
Terms of the agency agreement - breach of the exclusivity
What in agency law does that bring in - in text book
Fact scenario 4:
BW recently received a purchase expression of interest from an Aruban company, Zeil N.V. ("Z"). Zconstructs custom designed yachts from its operations facility in Oranjestad, Aruba. Z have expressed an interest to purchase 1,000 premium model PM's; the value of such an order for BW is considerable. BW has not previously had dealings with any purchaser from Aruba.
Having regard to any relevant provisions of theGoods Act 1958 (Vic)advise AO as to any relevant international sale of goods considerations applicable to BW's above proposed sale of PM's to Z.
International sale of goods convention is in the end of the sales of goods act S85, s86, s87 (important section) if there is an inconsistency between the goods act then the convention applies, of vic goods act sales of goods (vienna convention) act 1987 - part of vic
Are there any conventions that are applicable to BW's sale? Look at sale of goods conventions
United nation convenctions - article 3, article 2 - look at relevant articles.
Signatory CISG - is it a contracting state? Yes - part of the Netherlands
By virtue of being a colony of the Netherlands it is a contracting state.
Memorandum of Advice:
Having regards to HH's instructions above, AO requires you to undertake appropriate legal research and to provide a written memorandum of advice to AOin respect of the above fact scenarios.
In the research and advice, students are to disregard other possible types of commercial law considerations and focus solely upon the above considerations as required by AO.
Students may identify areas where more information is required. In such instances, students are to identify such information and explain why it is required, and to what purpose such information would be put.
The law of Victoria only must be considered in this advice. AO requires you to substantiate your advice with appropriate and relevant primary and secondary sources. In this regard, students must utilise referencing in accordance with the Australian Guide to Legal Citation.
Submission requirements:
1. In the research and advice for the memorandum of advice, students are to disregard other possible types of commercial law considerations (e.g. debt-recovery; bankruptcy; liquidation; consumer protection; etc.) and address solely the above matters as required by AO.
2. Students may identify areas where more information is required. In such instance/s, students are to identify such information and explain why it is required, and to what purpose this information would be put.
3. The maximum word limit for this assignment is 4,000 words (excluding footnotes, bibliography etc.) and is worth 50% of the overall unit of study mark. A tolerance of up to 10% for words over the limit will be allowed, but no more.
4. The assignment must be submitted in two forms. Firstly, using the Turnitin(‘TII') program on the VU Collaborate unit of study space by 5pm Friday, 15thJanuary 2016. This is the critical submission date and time, and late submission is subject to penalty as outlined in the unit guide. This copy will be checked through the Turnitinprogram for plagiarism. It is extremely important that students familiarize themselves with what constitutes plagiarism, as severe penalties may apply. Secondly, by an exact hard copy, attached with both a completed COLJ assessment declaration cover sheet,and, a copy of the TII confirmation of submission report page, which must be submitted to the College of Law & Justice student administration office, City-Queen campus, by 5pm Friday, 15th January 2016.
5. Students should avail themselves of the option in Turnitinof submitting their assignment for preliminary checking for plagiarism. This allows the student to then withdraw their work and to amend to deal with any plagiarism problems before final submission.
6. Students may elect to undertake this assignment individually, or, as a group submission, with a maximum of three members per group. Students opting for a group submission need to note the following matters:
(i) Appropriate records evidencing a genuinely equal and collaborative input by all group members towards the assignment submission must be maintained, and produced for inspection, if called upon by the unit coordinator (e.g. diary/journal entries; printed emails and/or sms communications; etc.);
and,
(ii) One overall mark will be awarded for a group submission paper, being the same mark awarded for all group members (marks will not be apportioned amongst group members).
Letter of advice to the boss who will pass it to the client. Give definitions etc
Memo of advice:
Summarizing the facts, advice as following
Outline the relevant cases
No abstract - straight to the memo
Intro advice (4 questions) conclusion ( on 4 questions)
Im asked to advice on the following matters a, b, c, d etc - summarise the matters
I am asked to advice on the relevant provisions of PPSA in prospect of CC Chaters, where CC chartes requires a payment plans. Such adviced to cover ways in which the interest of the client inrespect payments can be secured.
Double spacing or 1.5 spacing- close address envelop with assignment if you want assignment.