Midsemester assignment for 11220
Midsemester assignment for 11220
Weighing 30%
Assignment Criteria
Communication Correct syntax, grammar and spelling.
Clarity of thought and expression.
Demonstrated knowledge of the law The answer reflects a good knowledge of the relevant legislation and case law and anunderstanding of thescope and operation of the relevant law.
Analytical skills(legal problem-solving technique) Ability to identify the particular legal issues raised by the relevant facts, i.e. the questions in dispute.
Ability to distinguish between facts of decided cases and the facts of a new problem and to distinguish the significance of different rules of law.
Ability to apply the law to the relevant facts. Do the facts fit the legal rules? If not, how should the rules be applied?
Reaching a conclusion. Advice must be provided on the courses of action open to the plaintiff, and the implications of taking such action, e.g. the costs associated with such action.
Presentation Correct citationof cases and legislation.
Layout/ setting out (use of appropriate headings - clarity, ease of reading).
A marking rubric for this assessment item will be posted on UCLearn (Canvas).
Assessment details
Word length: Maximum of 1500 words (excluding footnotes and bibliography), 1.5 spaced.
Students will be assigned a legal problem-solving question and asked to provide advice as to how that problem might be resolvedusing the legal concepts covered in weeks 1-5of the unit.Further details about the legal problem-solving question will be made available to students via Canvas in Week3. The assignment must be submitted via Canvas by the due time.
The students must retain a copy of any written work submitted for assessment. Please refer to section 5(b) below for rules on the submission of assessment items, extensions and late submissions.
Assessment marks will be given according to the following criteria:
This criterion is linked to a learning outcome Clarity of statements of law and legal principles used by the student and the sophistication of the student's application of thatlaw and those legal principlesto the facts of the problem to resolve the legal (as distinct from the factual) issues raised by the question.
Clarity of writing (including grammar, spelling & punctuation).
Presentation and structure of the student's answer.
Quality of the student referencing outcome Student Referencing (i.e., AGLC4 compliant).
Addresses learning outcomes
Upon successful completion of this unit, students will be able to:
Demonstrate an ability to solve legal problems in a range of contexts.
Analyse material from a variety of sources to produce a coherent piece of advice for a hypothetical client, outlining the likely legal consequences of certain actions or inactions in areas including contract law, negligence, property law, and trade practices law; and
Identify and discuss selected ethical issues related to the application of the law in a business context.
Mid-semester exam
Semester 2 2022
Monica and Chandler decided to renovate their house and add a large, enclosed entertainment area. Having completed an architecture degree, Chandler decided that as the area will be enclosed, timber flooring would be the most environmentally friendly material, as well as being the most hard-wearing and aesthetically appealing. Knowing exactly what he wanted and how he wanted the final product to look, Chandler placed an advertisement in the local newspaper on 7 September 2022.
Quotes for floating timber flooring: seeking quotes for the supply and installation of floating timber flooring for an area 100 square metres. Best quote will be considered. Closing date for submissions is 27 September 2022. Quotes to be emailed toChandler@businessasusual.com.au
On 9 September 2022, Ross, who ownsIndoorooms, completed a standard form quote based on $40 per square metre. At the bottom of his quote, Rosss quote states:Provider accepts no responsibility for defects in workmanship.Ross emailed the quote as required.
On 12 September, Joey emailed Chandler quoting $38 per square meter. However, due to a power outage caused by a severe storm, neither Chandler nor Monica received the email until 16 September 2022.
On the 13thof September, Chandler phoned Ross and accepted his quote of $40 per square metre. It was agreed that Ross would commence work the following day.
By the end of the day on the 16thof September, Ross had laid 55 square metres of the flooring. However, there was heavy rain during the night, and when Monica and Chandler inspected the new room in the morning, they found it flooded. Not only was the room flooded, but a portion of the land under the room had subsided, and the floor collapsed. It seems that Ross left the door to the room open to allow the enclosed space to ventilate. This would ordinarily not have been a problem, but a tool bag appears to have placed over the drainage outlet not far from the door. It appears that this may have caused the flooding.
When Ross arrived to complete his work, Chandler would not let him. Chandler was screaming abuse at Ross telling him to get out and never come back. No amount of apologizing was calming Chandler; not even offers to complete the work at a reduced price. Eventually, Ross left asking Chandler to contact him so that they could arrange for the work to be completed.
A short while later, when Chandler opened his email, he found Joeys quote. Chandler phoned him and arranged for him to complete the floor just as soon as the structural issues were corrected. Joey agreed to complete as soon as the floor was structurally sound. At some point during this conversation, Chandler had told Joey he was the cheapest quote.
Both Joey and Ross are threatening to commence legal action against Chandler and Monica for breach of contract. However, Chandler believes he also has a counterclaim against Ross.
From the given case scenario, which sentence indicates offer in the communication between Chandler and Ross? Support your answer by using relevant CASE LAW. (6 points)
Which sentence indicates acceptance in the communication between Chandler and Ross? Support your answer by using relevant CASE LAW. (6 points)
Was there a consideration in the communication between Chandler and Ross? Support your answer by using relevant CASE LAW. (6 points)
Was there an intention to be legally bound in the communication between Chandler and Ross? Support your answer by using relevant CASE LAW. (6 points)
Was there a contract between Chandler and Joey? Your answer MUST be supported by relevant case law. (6 points)
