Task: The assignment has two parts. Part A requires you to write an essay and Part B requires you to solve a problem scenario.
Therefore, you should use essay format for Part A and Issues- Rules- Application-Conclusion (IRAC) format for Part B. If you have any questions, please ask your lecturer or tutor.
Part A: Write an essay critically discussing the differences between common law and equity. (10 marks)
Hints: You should draw on information and knowledge you have gained from Topic A (Australian Legal Framework). Start by defining the terms and then critically analysing the similarities and differences of the terms to one another. You should start by using your prescribed text and then utilise a range of additional academic sources to help you answer this question.
Part B: Sam was interested in buying a television. He advertised in the local newspaper as follows: ‘Wanted: 80 cm colour television. Good condition. ‘Will pay a good price but need to collect by Friday’.
The next morning Bernie rang, saying that he had a television fitting the description. He said he would bring it around to Sam’s house at 3 pm.
A few minutes later Peter rang. He said he had a good television for sale, but it was a television/DVD unit combined. Sam thought this sounded like a good idea and he drove around to Peter’s house to have a look.
Peter showed Sam the television and the television was finished in a nice matt black finish and with soft, fluid lines. Sam said to Peter: “Have you ever had any problems with the picture?”
Peter told him that the television was a colour television and had always worked well and there were no problems with the picture. Peter set up the television and showed Sam how the television worked. Peter also described the television as having UHF frequencies
• Used a logical structure, with headings. (It is important that you develop the capacity to communicate professional advice clearly. In order to do this you need to carefully structure your answer in such a way that anyone reading your work is made aware of what is going to be talked about, and is led in a logical way through the arguments to a conclusion);
• Been able to identify, set out and discuss relevant legal issues, legal principles and cases, as appropriate;
• Used statutes (less relevant for contract) and cases to support your arguments, as appropriate. Further, you must rely on cases/legislation (less relevant to contract) to explain/support/justify the arguments you are making but these cases can be obtained from textbooks. You are encouraged to use cases and/or legislation which have been discussed in the classes and which can be found in textbooks. The selection of cases and legislation (less relevant to contract), however, is up to you.
What is important is how the cases you have selected support your overall arguments;
• Analysed, argued or discussed as required by the task questions; and
• Found, read and used other resources.