The purpose of the assignment is for you to undertake independent research into a particular aspect of law, to reflect on and consider particular legal issues and to apply your legal skills. We are looking for a demonstrated understanding of commercial law and this requires you to use substantive law to support your argument. The length of the assignment is to be 2000 words.
Please provide a word count with the assignment. You do not need to include the references in the word count. In regard to your referencing, a reference list is required and not a bibliography. In writing your responses, make sure you answer the questions asked and address the criteria outlined in the Course Description. Most marks are given for analysis; very few marks are given for merely restating information (including the facts). You should note that the most important assessment criterion for this task is your ability to apply knowledge and present arguments to justify your analysis. Take care also to follow the presentation requirements and to note the warning about plagiarism in the Course Description. In your answer to both questions, only consider the Australian law of agency. You must complete BOTH QUESTIONS in this assignment.
QUESTION 1:
Jevan is a band manager for the rock band 'The Thin Heads'. Each month Jevan enters into binding contracts with John for guitar servicing for the band members as well as for others. Jevan has undertaken the function of `band manager' for a number of years and often undertakes matters incidental to the bands needs including but not limited to booking accommodation, organising meals and organising instrument repairs and maintenance. A member of the Thin Heads, Jimbo asks Jevan to organise a service of a highly collectable guitar. Jevan has the work completed by John and the cost of the repair, which necessitated a full rebuild, amounting to $8,800. When Jevan returns the guitar to Jimbo, Jimbo refuses to pay as do the other members of the thin heads. However, after receiving a legal letter of demand from John and through fear of legal action, Jimbo acquiesces and makes payment. Consider all the legal issues and relevant points arising in agency from this scenario. In your response, you must consistently refer to relevant Australian agency case law.
QUESTION 2:
This question is separate from the question above. Discuss how apparent authority arises in agency on the basis of third party perceptions.
In your response use relevant Australian case authorities to support your discussion