Apply Legal Principles in Contract and Consumer Law Assessment information: Hypothetical Advice Question - Case Study
Assessment Task:
You are required to complete this assessment task individually. Word limit 1,000 - 1,200 words.
For this task you will assume that you are employed as an adviser at the legal firm Slattery, Robertson and Associates. Your client, Mr Henri Oscar, has had several issues over the past month in relation to the law and has come to you for legal advice. You are required to advise Mr Oscar, citing legislation and/or case law in support of your advice.
Three weeks ago Henri was out shopping with his wife when he spotted a lovely black wood bookcase in an antique shop owned by Simon. The bookcase had a price tag of $5,000. Henri approached Simon and told him that he would take the bookcase for $3,000. Simon said that was not possible "but how about $4,000"? Henri immediately replied "how about $3,500"? Simon said no to which Henri replied that he would accept Simon's offer of $4,000. Simon did not reply but instead turned to serve another customer named Lily as Henri stepped away from the counter to take a call on his mobile phone. Henri then turned around to pay for the bookcase, but Simon informed him that he had already sold it to Lily for $5,000. Henri was furious and insisted that he and Simon had a contract and therefore the bookcase was in fact his. He is now after your advice as to whether or not a contract does exist.
Later that same day, Henri returned to the restaurant he owns with his wife. Three months ago, Henri lent Jenny (one of his wait staff) $500 as she was moving into a new rental property and did not have enough money to cover the bond. They had agreed that the money would be paid back in three months, and today is the last day of that three month time frame. When Henri arrives at the restaurant he is met by Jenny who advises him that she is going to have trouble repaying the debt in full as she has recently experienced some unforeseen expenses. Henri is keen to get the money back, so agrees to accept $300 in full satisfaction of the debt. The next week when Henri arrives at work he sees Jenny showing her fellow waiters a new play station that she has just purchased from JB HiFi. Henri is not happy as he feels as though Jenny lied to him when she claimed she could not repay the money that she owed him in full. He tells Jenny that since she is clearly not in that much financial difficulty that he has changed his mind and now wants the debt repaid in full. Jenny refuses to do so, and Henri is a little unsure of his legal rights in such a situation, so is seeking your advice.
The waiters at Henri's restaurant, Dan and Sam, have been pestering Henri for weeks about getting an increase in their hourly rate of pay. Henri has repeatedly explained to both Dan and Sam that he cannot agree to a pay rise without first speaking to his accountant, and that he will not have time to do that until the end of the month. Dan and Sam are becoming increasingly frustrated with Henri's refusal to consider their request. One Friday night, during the busiest part of the shift, Dan and Sam confront Henri and tell him that unless he agrees to increase their hourly rate by $5 per hour, they are going to walk out, leaving him to serve the customers on his own. Henri has no choice but to agree to their request. He promises to adjust their pay as requested. He subsequently is questioning whether he is legally obliged to keep his promise, and again seeks your advice on this matter.
Last weekend Henri parked his car in a city car park, Park-and-Pay. He then went to the MCG to watch his beloved football team in their opening game of the season. When he entered the car park he collected a ticket. The front of the ticket had a colourful design on it and the back had some small writing on it that he didn't even look at. He parked his car and went to the footy, only to return three and a half hours later to see that his car had been vandalised. The Park-and-Pay owner says that he will not pay any compensation for the damage to the car because a clause on the back of the ticket states that "Park-and Pay will not take any responsibility for any harm, loss or damage sustained to vehicles parked in its facilities howsoever caused". Henri believes that he does have the right compensation and wishes to seek your advice on the matter.
To top off a stressful month, Henri has received a phone call from his elderly mother who was convinced by a door to door salesman that she should purchase a $5,000 air conditioning unit to keep her house cool in the summer months. His mother does not actually need a new air conditioning unit and is unable to afford the one she has purchased as she is on an aged pension. She claims that the salesman pressured her into signing the contract, which she didn't quite understand. Henri is very confused as to whether his mother has any legal rights and if so, what remedies she may pursue.
Advise Henri on any legal issues that have arisen in the above scenario, using case law and legislation to support the advice given.
REQUIREMENTS:
- Demonstrates research relevant to contract and consumer law legislation, regulation and practice
- Demonstrates research relevant to contract case law
- Identification of the legal principles applicable to contract and consumer law matters
- Identification of the relevant legal issues, and an ability to apply the law to the fact situation
- Explanation of how the legal principles apply to the fact situation presented
- Relevant use of case examples and legislation to support advice given
- Exploration of issues and expression of ideas succinctly, using clear language
- Correct spelling, grammar, and use of legal terminology.
Attachment:- Assignment File.rar