Assignment:
Question 1(a)
Provide a summary of the constitution that your tribe developed in Workshop 1, Tasks 1 and2, explaining how it addresses the requirements for Hart's 3-part legal system. Then compare it to how the Australian legal system addresses the same requirements.
Question 1(b)
Research a legal system of a foreign country and explain how it addresses the requirements ofHart's 3-part legal system. Then compare it to how the Australian legal system addresses thesame requirements.
PART B
Barry was sick of his day job, and wanted to buy a business so he could become his ownboss. He saw that a fruit and vegetable store was up for sale at his local shopping village.
The owner had posted an advertisement on the notice board at the shopping village asfollows:
Highly profitable venture in bustling suburban shopping centre with turnover of $20,000 permonth. No competitors. $250,000 plus stock-in-trade. Ring Angelo on 0434 123 456.Barry telephoned Angelo and asked about the store. He asked what the expenses of the business were, and Angelo told him that they were $8,000 per month. Barry liked what hehad heard, so he decided to check out how busy the shopping centre was. On the weekend,when he wasn't working, he went to the shopping centre a few times and noticed that it wasopen all day Saturday and Sunday and was busy most of that time. He negotiated withAngelo and eventually agreed to buy the business for $200,000. To save money, he did nothire a lawyer, and signed a contract which included the following term:
The sale includes the following plant and equipment:
Item Value
Delivery van $15,000
Loader $2,000
Barry paid for the business and took over running it on 1 January 2018. When he took overthe store, he discovered the following problems:
(a) Although the shopping village was busy on the weekends, it was very quiet during theweek. In the first two months the turnover was only $13,000 per month.
(b) There was a grocery store in the shopping village that sold a wide range of fruit andvegetables.
(c) After six weeks, a man from a finance company arrived at the shop and repossessedthe delivery van. It turned out that the van was only leased by the previous owner,and since Barry had not made the lease payments, the lease was in default. Barry'sexpenses at the shop had been below $8,000 per month, but if he had paid the vanlease, the expenses would have been on average about $8,500 per month.
(d) The loader, which was a small motorised machine for putting pallets on and off theback of the van, was broken down and could not be fixed for less than the cost ofreplacing it.
You are providing a written report to your supervising partner. To impress him, you want toshow that you worked hard at university by demonstrating your knowledge of law and yourability to use it. You need to provide a written report providing the following advices.
Question 2
Advise how Barry might challenge the validity of the contract on the basis of the statementsmade by Angelo before the contract was entered into. You should consider both commonlaw and statute law.
Question 3
Assuming Barry does not get out of the contract, advise on the possibility of an action forbreach of contract
PART C (10 marks -
In part, your task is to take the advices you gave to your supervising partner in Questions 2 and 3 and present them to your client, Barry, in a way that he can understand. You DO need to explain to him what the law is and how it leads to your recommendations, but it must be
presented in a way that a client without legal training can understand. The report must bedone as a YouTube video and the link for the video must be included in your assignment. Thevideo must be set so that the marker can view it.