70110 Introduction to Law
70110 Introduction to Law
Autumn 2023
Case study
Assignment length: 1500 words (excluding in-text referencing and the reference list)
Due date: 11pm Monday 24 April 2023
Read the following scenario and answer questions 1 and 2
Scenario
Soon after his seventy-fifth birthday, Stanley, a doctor, decided to sell his medical practice. He was having difficulty recalling the names of his patients and found that he often prescribed the wrong medicine. The practice had been conducted continuously from a two-story building that Stanley had bought forty years ago.
Harold, a forty-year-old taxi driver, had been Stanleys patient for the past 20 years. Apart from their doctor/patient relationship, Harold and Stanley were very good friends who accompanied each other to rugby and cricket matches on the weekends. Because of Stanleys physical and mental frailty, Harold gave Stanley free taxi rides to the sports stadiums and assisted him in getting in and out of the venues.
Knowing that Stanleys building would sell for a high price on the open market, Harold offered Stanley $80,000. Stanley, in a confused state, believed this to be a very generous offer from his good friend. Harold prepared a contract and arranged for Stanley to sign it. Stanley later found out from a local real estate agent that the building would have fetched more than $2,000,000 on the open market.
After hearing about Stanleys plans to find an alternative residence, Harold recommended that he contact Fiona, the owner of the Sleepy Hollow Retirement Village. Harold did not disclose to Stanley that he was in a de facto relationship with Fiona. When Stanley met with Fiona, he made it clear that he was hesitant to live in a retirement village where his ownership of a flat would be not as independent as that in a normal residential complex. Fiona was very persuasive in advising him that his ownership of a Sleepy Hollow apartment would be no different to that of a normal residential complex. By the time Stanley left the meeting, he had signed a document under which he had purchased an apartment at Sleepy Hollow.
Stanley later found out that rather than having outright ownership (as he would in a normal residential complex) the ownership of the apartment would revert to Sleepy Hollow upon his death - and that he would be required to pay a monthly rent on top of the purchase price.
Weighting: 35 marks
Question 1 (900 words) (20 marks)
Discuss, in a problem-solving format, whether there are any vitiating factors in Stanleys contracts with Harold and Fiona. And, if so, whether these factors are sufficient to enable Stanley to get out of both contracts.
Your answer should be based on the common law of contract (specifically the rules and case law on genuine consent) In your answer, you may assume that the contracts are enforceable, other than vitiating factors that may be present)
(Note: Although the Australian Consumer Law (ACL) is applicable, Question 1 should be answered solely on the common law of contract. Question 2 requires analysis and application on the ACL.)
Question 2 (600 words) (15 marks)
Stanley is told that he may have an action against Fiona under the Australian Consumer Law (ACL) for her conduct in negotiating the contract with him.
Discuss, in essay style, which section or sections of the ACL may be relevant to this proposed action.
(Note: the conduct by Harold is not in trade or commerce and therefore the ACL does not apply to his conduct in this scenario)
Question 1 is to be answered on the common law of contract. A problem-solving format should be used.
Question 2 is to be answered on the statutory law of the Australian Consumer Law ( in the schedule to the Competition and Consumer Act 2010 Cth). Essay style should be used.
The topics for Question 1 are the vitiating factors that may amount to a lack of genuine consent by the innocent party. These topics are covered in Module 5 (Week 5) materials.
The topic for Question 2 is covered in Module 7 (Week 7) materials.
The assignment is to be submitted by the deadline on Turnitin in Canvas. A cover sheet should be attached to the assignment indicating your name, student number, subject name, and the word count for your assignment. Please ensure you keep a copy of the assignment for your records.
The body of the case study should include in-text referencing and a Reference List provided at the end of the case study. In-text referencing and the Reference List should be in accordance with the APA referencing guide:
APA | UTS LibraryAs a general rule the following are expected as minimum references:
Question 1
The required text (and/ or a similar recommended business law text)
A contract law textbook*
Four common law cases
*Note: The text may be an online legal commentary such as Carter on Contract (available in Lexis Advance Pacific library database)
Question 2
The required text (and /or a similar recommended business law text)*
Three cases on the relevant sections of the ACL
Commentary from the ACCC website (or a journal/ media article*)
*Note: The media article may be a media release from the ACCC.
70110 Introduction to Law
Allocation of marks:
Question 1 (problem question) Student mark Mark
1 Explanation of the issues and the relevant common law.
5
2 Practical application of the law based on analysis of legal rules and cases.
5
3 Clear structure with referencing to case law and other resources 5
4.Logical conclusion based on analysis of legal rules and cases and their application. 5
20
Question 2 (essay) 1. Appropriate analysis based on discussion of the ACL. 10
2 Clear and concise discussion with logical reasoning 5
15
Total (questions 1 and 2) 35
