Law Assignment Sample

Issue

Whether she can successfully sue ‘Queen Treasure’ for damages. Advise Denial. Support your answer with precedents, legal principles, cases, and legislation.

Rule

Civil liability Act 2002.

Application

According to the facts of the given case which states that Daniel owns a construction business. Four weeks earlier she saw an advertisement in the local newspaper for a company named Queen Treasure big local hiring business which was selling building equipment. That was also giving the option of hiring the equipment. Further, the company stated that in case of any mishappening the company will pay the amount of $ 10,000 as compensation. By seeing this advertisement Daniel decided to hire the equipment from the company Queen Treasure. She asked her labor to go and buy the pieces of equipment from that company which was some ladder as well as planks. This equipment was for the purpose of painting the client’s house.

When Jam his worker went to the company Queen Treasure to buy the equipment then the company manager asked Jam to sign an agreement while hiring the equipment for painting the house. Jam informed same thing Daniel she asked the manager about the document that what does it contains. The manager then told me that the agreement contains something concerning insurance nothing other than that. Daniel agreed and asked Jam to sign and take the pieces of equipment while he came and started painting the house of the client. The ladder collapsed as the rope which protects the ladder from collapsing was badly worn. Jam suffered injury also the house which he was painting the wall was also broken.

Daniel thought to sue the company Queen Treasure to take the compensation but the agreement which was signed by the worker Jamcontained that if any injury suffered while wearing the equipment then the company will not be liable or held responsible for the injury. Here Daniel can sue the company Queen Treasure as the manager has breached their duty by providing wrong information about the agreement and the person who signed was illiterate and it was the duty of the manager to read and notify the person correctly about the term and conditions of the agreement.

Hence the Company is liable under Section 43 of Civil liability act 2002 here this section states that if a person breaches their statutory duty he will be held liable and here the manager had breached its duty by telling wrong information of the agreement.

Conclusion

At last, it is concluded that Daniel hired equipment from the company Queen Treasure and also that company stated in the advertisement that they will give compensation of $ 10,000. Daniel hired the equipment and Jam signed the agreement as informed by the manager of that company. But the ladder collapsed and when Daniel wanted to sue the company she got to know that the agreement contains a different thing which was that the company will not be responsible for any mishappening. Hence the company Queen Treasure is liable under section 42 of the Civil Liability Act 2002 for breaching its statutory duty. As the manager of that company informed wrong contents of the agreement and also committed fraud.

Issue

Whether the advertisement was a puff which was advertised by Queen Treasure?

Rule

Competition and Consumer Act 2010.

Application

According to the facts of the given case, Daniel is the owner of the construction business. Four weeks ago she saw an advertisement in the newspaper that contains a company which was giving the equipment named Queen Treasure. This company also claimed that if the person using their types of equipment faces any injury then the company will give them the compensation of $ 10,000. Daniel was interested in the advertisement and wanted to hire the equipment of the company Queen Treasure.

When Jam his worker went to the company Queen Treasure to buy the equipment then the company manager asked Jam to sign an agreement while hiring the equipment for painting the house. Jam informed same thing Daniel she asked the manager about the document that what does it contains. The manager then told me that the agreement contains something concerning insurance nothing other than that. Daniel agreed and asked Jam to sign and take the pieces of equipment while he came and started painting the house of the client. The ladder collapsed as the rope which protects the ladder from collapsing was badly worn. Jam suffered injury also the house which he was painting the wall was also broken.

Hence the company will be held liable for misrepresentation also under schedule 2 of the Competition and Consumer Act 2010. As well as of Section 18 of the Competition and Consumer Act 2010 states that misleading or deceptive conduct which means that if a person or a company dealing in business misleads a person or gives wrong information about the policies or other information concerning the company. Then the person, as well as the company misleading, will be held liable. Here in the present case, the company is misleading by the advertisement that if an injury is suffered after using their equipment then compensation will be given by the company but also buying the equipment then the agreement is being signed which states that the company is not responsible. The manager misleads the person signing the agreement as this is for insurance purposes.

Conclusion

At last, it is concluded that Daniel owns a construct action business where she saw the advertisement and send his worker to hire the equipment from queen Treasure. But there the manager misleads as he asked the worker to sign the agreement which was regarding the company is not having any liability if an injury is suffered but the manager told the worker that it was not for the insurance. Here the company is, on one hand, giving advertisement of compensation of $ 10,000 if an injury is suffered and on the other hand making the person hiring the equipment sign the agreement. The company is liable under Section 18 of the Competition and Consumer Act 2010.

(C)

Issue

If Jam was forced (by Queen Treasure) to Sign the agreement

Relevant Law Applicable

Common -Law, Australia

Australian Consumer Law 2010 (Cth)

Analysis

According to the facts of the case, Denial is a business graduate who runs the business of construction business. She saw an advertisement in the newspaper stating that big local equipment hiring business is offering building equipment and will be also providing compensation of $10,000 in the account of any accident happening with their equipment.

According to the Contract Law of Australia, the obligations of the parties are determined by the terms that are specified in the contract. In the entire situation, a pre-contractual statement was framed by Queen Treasure based on which the agreement was signed by James. Pre-contractual Mr. presentation provides contractual remedies following the Competition and Consumer Act 2010(Cth). According to section 181 of the Act, it is the duty of a person not to trade or engage in a conduct or an activity which is misleading or deceptive for the other party. In the case of Google Inc V ACCC2the court came to the conclusion that misleading and deceptive conduct amounts to a void contract. For mere representation, the damaged party has the right to claim for breach of the contract on account of Mere representation and according to section 18 of the Australian Consumer Law.

Conclusion

Jam was not forced (by Queen Treasure) to sign the agreement but at the same time, the pre-contractual were misleading and deceptive for which Queen Treasure would be held liable for damages.

(ii)

Issue

If Jam was intoxicated at the time of signing the Agreement

Relevant Law Applicable

Common- Law, Australia

Goods Act 1958 (Vic)

Analysis

According to the facts of the situation, the agreement that was signed by Queen Treasure –

“The owner of hired goods accepts no responsibility for personal injuries or damages suffered by persons using our equipment during the period of hire, irrespective of whether such injuries are caused by the breach of contract, negligence or any other cause whatsoever”.

According to the provisions of the contract law, a contract is voidable if anyone party at the time of signing the contract is intoxicated which means the party would not be in the position to understand the terms of the contract3. In such a situation, the party has the right to ratify the contract that is made on account of intoxication. In the case of Gibbons V Wright4 the court stated that the contract on account of intoxication is considered to be an unfair contract at its might lack some evidence of understanding.

Conclusion

The contract based upon the condition of intoxication would be an invalid contract. Therefore in such a situation, Denial would not be able to claim compensation from Queen Tressure since there is no existence of a valid contract between the parties.

(iii)

Issue

If Jam was two months from being an adult while signing the agreement.

Relevant Law applicable

Common Law, Australia

Supreme Court Act (Vic)

Analysis

According to the facts of the current scenario, it has been stated that Jam was two months old while signing the agreement. Both the provision of common law as well as the statute does not allow minors to enter into a contract. As per common law, the rules specify that a contract made by a person under the age of 18 is considered a voidable contract. According to section 7 of the Goods Act 1958(Vic), a contract that is fame by minors on account of necessity is considered as binding on both parties. In the following situation, the contract rain was not based upon necessity.

In In the case of Nash V Inman5 the court held that the minor cannot enter into a contract, but at the same time he must repay a supplier on account of the service rendered if the services are for necessities.

Conclusion

According to the facts of the situation and the application of relevant laws and legislations, it can be duly stated that the contract signed by Jam would not amount to a valid contract if he is a minor at the time of signing the contract. No valid contract would be there between the parties.

D.

At the time of writing the answers, the situations have been analysed, the relevant laws have been made applicable, and the laws that are the most appropriate in the following situations have been applied. Different laws have been made applicable at the time of writing such as Common Law, Civil Liability Act 2002, and Australian consumer law 2010 (Cth). According to the requirement of the question, different legislation has been also made applicable at the time of writing the solution. The different types of legislative laws that have been made applicable are – Goods Act 1958 (Vic), the Supreme Court act (Vic), and the competition and consumer law of Australia.

The different types of cases that have been made applicable at the time of Analyzing the situation is:-

  • Google Inc V Acc [2013] HCA 1
  • Gibbons v Wright (1954) 91 CLR 423
  • Nash v Inman[1908] 2 KB 1

Bibliography

Laws and Legislations

Common Law, Australia

Australian Consumer Law 2010 (Cth)

Supreme Court Act (Vic)

Case Laws

Google Inc V Acc [2013] HCA 1

Gibbons v Wright (1954) 91 CLR 423

Nash v Inman[1908] 2 KB 1

1 Australian Consumer Law 2010 (Cth)- s.18

2 GOOGLE INC V ACCC [2013] HCA 1

3 Goods Act 1958 (Vic)- s7(1)

4 Gibbons v Wright (1954) 91 CLR 423

5 Nash v Inman[1908] 2 KB 1

Universal Assignment (October 3, 2022) Law Assignment Sample. Retrieved from https://universalassignment.com/law-assignment-sample/.
"Law Assignment Sample." Universal Assignment - October 3, 2022, https://universalassignment.com/law-assignment-sample/
Universal Assignment April 22, 2022 Law Assignment Sample., viewed October 3, 2022,<https://universalassignment.com/law-assignment-sample/>
Universal Assignment - Law Assignment Sample. [Internet]. [Accessed October 3, 2022]. Available from: https://universalassignment.com/law-assignment-sample/
"Law Assignment Sample." Universal Assignment - Accessed October 3, 2022. https://universalassignment.com/law-assignment-sample/
"Law Assignment Sample." Universal Assignment [Online]. Available: https://universalassignment.com/law-assignment-sample/. [Accessed: October 3, 2022]

Please note along with our service, we will provide you with the following deliverables:

Please do not hesitate to put forward any queries regarding the service provision.

We look forward to having you on board with us.

Get 45%* OFF on Assignment Help

Most Frequent Questions & Answers

Universal Assignment Services is the best place to get help in your all kind of assignment help. We have 172+ experts available, who can help you to get HD+ grades. We also provide Free Plag report, Free Revisions at a Pocket Friendly cost, We offer Best Price in the industry guaranteed.

We provide all kinds of assignmednt help, Report writing, Essay Writing, Dissertations, Thesis writing, Research Proposal, Research Report, Home work help, Question Answers help, Case studies, mathematical and Statistical tasks, Website development, Android application, Resume/CV writing, SOP(Statement of Purpose) Writing, Blog/Article, Poster making and so on.

We are available round the clock, 24X7, 365 days. You can appach us to our Whatsapp number +1 (613)778 8542 or email to info@universalassignment.com . We provide Free revision policy, if you need and revisions to be done on the task, we will do the same for you as soon as possible.

We provide services mainly to all major institutes and Universities in Australia, Canada, China, Malaysia, India, South Africa, New Zealand, Singapore, the United Arab Emirates, the United Kingdom, and the United States.

We provide lucrative discounts from 28% to 70% as per the wordcount, Technicality, Deadline and the number of your previous assignments done with us.

After your assignment request our team will check and update you the best suitable service for you alongwith the charges for the task. After confirmation and payment team will start the work and provide the task as per the deadline.

Yes, we will provide Plagirism free task and a free turnitin report along with the task without any extra cost.

No, if the main requirement is same, you don’t have to pay any additional amount. But it there is a additional requirement, then you have to pay the balance amount in order to get the revised solution.

The Fees are as minimum as $10 per page(1 page=250 words) and in case of a big task, we provide huge discounts.

We accept all the major Credit and Debit Cards for the payment. We do accept Paypal also.

Popular Assignments

Plant Production System Assignment Help

The Best Instant Academic Assistance Online Instant Plant Production System Assignment Help for Students Plant production system assignment help students help them understand the various theoretical and practical aspects of the subject. It is an intensive study of the scientific methods of plant production for an effective and economized production

Read More »

Integrated Science Assignment Help to Boost your Grades Immediately

Integrated Science Assignment Help for Students Integrated Science is taught from a high-school level. This consists of an investigative study of physics, chemistry, biology, forensic science, biotechnology, and geology. This is a course that introduces young students to the interconnectedness between all the scientific knowledge. Students require integrated science assignment

Read More »

Top Human Biology Assignment Help from Experts

Ask an Expert for top Human Biology Assignment Help Sometimes, expert guidance with Human Biology assignment help is all you need in order to boost your grades. Universal Assignment Help Service is a top-ranking student-help platform that offers a wide range of services for students. Students can order human biology

Read More »

Aviation Assignment Help from Experts

The Most Trusted Guidance for Students Aviation Assignment Help for All Challenging Problems Aviation assignment help online from the greatest experts can relieve student pressure to a great extent. It is well known that aviation is an extremely challenging stream, as it is, and students have to keep too many

Read More »

Growing demand for Assignment Help in Ireland

The number of multinational corporations choosing Ireland as their regional headquarters is increasing. So more and more students are choosing Ireland as an idle place to take their degrees. But studying in universities and keeping up the pace is not an easy task and getting good marks is not enough

Read More »

Board appraisal report

Weight: 40% Format: 2,000-word written report. Note: All written assessments should be submitted as Word files (.docx) (Word is available from your AIB Office 365 account) Summary Write a 2000-word Board Appraisal Report where you will evaluate an organisation’s corporate governance practices, board structure including committees and board diversity against

Read More »

49102: Traffic and Transportation

Assignment 2: Transport Modelling and Operations Due: 7 October 2022 This is an individual assignment Please answer the following questions and present your work in a report format clearly including your name and student ID on the cover page. Submit a PDF of your report into the Assignment Activity shown

Read More »

ENV3105 Hydrology Assignment 2

Assignment 2 Due date:       04 October 2022 Weighting:   25% (250 marks) 1. Overview This assessment is designed to test your achievement of selected learning objectives of Modules 6 to 9. In particular, the assignment involves estimation of urban design discharges, reservoir routing and water balance. It is intended to reinforce and

Read More »

Assessment 1: The Journal of Biological Chemistry

Guide abstract All cells within the body are bathed in a fluid. The composition of this fluid is tightly regulated to contain specific levels of various ions. Disruption in the balance of these ions can lead to cell death and damaging inflammation. However, standard surgical practice fails to consider these

Read More »

Project 2: Assignment on Scheme

Due: Oct 1, before midnight. This document first provides the aims of this project. It then lists the requirements as explicitly as possible. It then hints at how these requirements can be met. Finally, it describes how it can be submitted. Aims The aims of this project are as follows:

Read More »

Analysis of Rube Goldberg machine

Week 5 homework for tutorial  In week 4 we needed to also look at how many failures we could have to meet our six sigma level – we will also need to look at this for the times for each stage and total time. To effectively put the flame out

Read More »

PROCESS AND PHILOSOPHY OF ENGINEERING

ASSESSMENT BRIEF 3: Calculations Summary Title Calculations Due Date Monday the 3rd of October at 11:59 (NSW) AEST – End of Week 5 Length 1000-word (does not include equations, charts, graphs or tables) Weighting  35% Submission  WORD document submitted to Turnitin Unit Learning Outcomes  ULO 3: apply basic statistical analysis

Read More »

THT3114 Research Proposal

Mini Report Assignment 2 Executive Summary (100- 150 words) This is the summary of your research and thus needs to be completed after you have completed writing your research proposal. This is not counted towards the word count. Mention the key aspects of the research proposal. Separate paragraphs Area of

Read More »

LITERATURE REVIEW – DATA MINING TO RESEARCH PROPOSAL

ASSESSMENT TWO: LITERATURE REVIEW – DATA MINING TO RESEARCH PROPOSAL – DESIGN RESEARCH INSTRUMENT – PRESENTATION) Task Length: Mini Report (750 words) – Research Proposal) Presentation – Not more than 15 Slides –  (Templates Provided for both the mini report and presentation)  Duration of the Video Presentation – Not more

Read More »

Assignment on COVID-19 pandemic in the hospitality industry

Exploring the new health and safety innovative business practice to restore consumer confidence in the COVID-19 pandemic in the hospitality industry Task Length: Report – 2000 words (+-10%) Task Type Individual Due week and submission deadline Week 11 – SUNDAY – 02/10/2022 – 23:59 Value 40%   PART A: On

Read More »

Assignment Help in Israel

Leading assignments help in Israel Israel is known for its high-tech development, innovations, and entrepreneurship, and is home to the best start-ups in the world. Students from all over the world are drawn to this ecosystem of “innovation and development,” which is supported by a robust higher education system with

Read More »

Animal Production System Assignment Help

Animal Production System Assignment Help: Get 100% guaranteed Expert Assistance Immediately Where can you find the best Animal Production System Assignment Help Online?  Animal Production System assignment help online can boost student results while encouraging interest in the field. The hectic schedule of students, along with their burden of various

Read More »

Immediate Calculus Assignment Help from Top Experts

Immediate Calculus Assignment Help from Top Experts Calculus Assignment Help to Boost your Grades Students can now order instant Calculus assignment help on Universal Assignment Help Service in a fast and easy way. Calculus in taught at a slightly advanced stage of school, and can be an exciting subject in

Read More »

Mathematics Foundation Assignment Help

Effective Mathematics Foundation Assignment Help for Students: Order Expert Solutions Immediately Mathematics Foundation Assignment Help for Students Students often require mathematics foundation assignment help for clearing doubts, understanding the derivation of a formula or theorem, or getting urgent solutions to certain mathematical problems. Online mathematics foundation assignment help is extremely

Read More »

Mathematics Application Assignment Help

Top for Students: Order Expert Solutions Immediately for the Best Results Why do students need Mathematics Application Assignment Help? Mathematics Application assignment help can lead students to perform excellently in the subject in a convenient and relaxed way. Many students find it difficult to apply theoretical knowledge in large and

Read More »

The finest assignment helps in Saudi Arabia

Many students dream to study in Saudi Arabia as they offer some of the best facilities, and they boast one of the most spectacular and rapidly expanding higher education systems in the Middle East. So, this should be of no surprise that every year, many international students prefer to register

Read More »

Expert Solutions for the Best Arithmetic Assignment Help Online

Instant Arithmetic Assignment Help for Students Students most often require Arithmetic assignment help online to solve various calculations. Universal Assignment Help Service provides the best solutions to all arithmetic problems for each student. Students simply have to upload their assignment guidelines on their website, and a customized and accurate assignment

Read More »

Assignment help in Cameroon

The Necessity of Assignment help in Cameroon Today management degrees are one of the most prestigious degrees out there and gaining immense popularity, this degree has the most demand in the market as new startups are emerging day by day, and every company needs the best people to run their

Read More »

Assignment Help in South Korea

Difference between a Good vs Great Online Assignment Tutor The e-learning market is growing at a fast rate due to digitalization. This fact causes an increment in the demand for online tutors as students worldwide searches for a suitable solution for online assignment help in South Korea. You might hear

Read More »

Assignment Help in Japan

Outside-The-Classroom Learning Opportunities It is a typical thinking lesson that stands inside the four walls of a classroom. Some educators say the classroom is the abode of learning and knowledge. We cannot prove these statements wrong. However, one thing is certain: they are partially correct. Learning of concepts starts in

Read More »

Assignment Help in Brazil

Why do Students Consider Online Assignment Help in 2022? Academic life is full of ups and downs. Students who experience such a phase struggle to maintain the equilibrium between personal and professional life. It is because of the load of homework, exams, and participation in extracurricular activities. These events cause

Read More »

Assignment Help in Taiwan

What are the Necessities of Assignment Guidance for Students? As technology takes a new turn around, homework assignments become lengthy and complex. This academic work needs lots of core subject knowledge along with proper research to finish it with proper care. Such work is very time-consuming and hectic for the

Read More »

Assignment Help in Hong Kong

Can You Achieve High Academic Results? Every student wishes to get top scores in their exams. Yet it does not happen if you do not get the correct assignment help in Hong Kong from an online tutor. Such support is in the form of tips, advice, hacks, or taking guidance,

Read More »

VU22977 – Practice in a Legal Environment

Advanced Diploma of Legal Practice – 22565VIC PORTFOLIO- CLIENT MATTER FILE Assessment task 1 Prepare a comprehensive portfolio of documents to create a Client Matter File which must include: Element 1 Area of law Cover sheet stating client name and short description of legal matter Client Instruction Sheet, Costs Agreement

Read More »

KIT714 ICT Research Principles: Assignment 1

Practical Qualitative Research Exercise                                                                                                                                         Type:                 In-Semester, Individual Assignment Task Length:   minimum 2,000 words Weighting:     20% of total assessment for this unit Due Date:       Friday 5 August 2022 – 11:55 pm (Week05) Submission:    electronic submission on MyLO (WORD or PDF) Description:    This practical exercise will engage students in a qualitative research

Read More »

Can't Find Your Assignment?

Get Free Assignment

Open chat
1
Free Assistance
Universal Assignment
Hello 👋
How can we help you?