LAW1100 COMMERCIAL LAW Ozford

Assessment 2 – Trimester 3, 2022

Description

Assessment 2 has five problem-based questions. You are required to answer all the FIVE questions

Question 1 – Contract Law (6 marks)

Mr. James was so drunk that he did not know what he was doing. However, Mr. James bid successfully at an auction for the purchase of a house. It was clear to the auctioneer that Mr. James did not know what he was doing. However, after Mr. James sobered up the next day, he confirmed the contract with the Auctioneer. After two weeks of the confirmation of the contract, Mr. James refused to complete the contract.

You are required to assess whether Mr. James is bound by the contract.

Question 2 – Tort Law (6 marks)

Ten years ago, Mr. Lucas was involved in a car accident and as a result, he uses a stick to help him walk. On 15 September 2022, Mr. Lucas was shopping at Coles. He saw a customer accidentally spilled orange the 3-liter orange juice and a large area of the floor was wet. Mr. Lucas was in a hurry, and he really needed to pick up a box of eggs to prepare dinner. Mr. Lucas decided to carefully pick three boxes of eggs in one hand as he uses his other hand to hold the walking stick. Unfortunately, the walking stick was unable to grip the floor and Mr. Lucas fell on the floor, and he sustained a broken arm.

Mr. Lucas plans to bring a court action under tort law. Advise Mr. Lucas if he can be successful in his claim for damage against Coles.

Question 3 – Agency Law (6 marks)

Ms. Emma appointed Ms. Isabella as her agent. They both signed the agency agreement on 12 October 2022. The purpose of the agency is for Ms. Isabella to source Grade B timbers which will be used to produce furniture by Ms. Emma. The price range should be between $150-200. Ms. Isabella for the first month of her working as an agent to Ms. Emma sourced the right type of timber at the required price and Ms. Emma was content with the level of Ms. Isabella’s work. In her second month of working as an agent, Ms. Isabella found Grade A timber for the price of $148. Ms. Isabella thought it was a better-quality timber and the price was attractive. When the product is delivered to Ms. Emma, she is very disappointed with the purchase.

Advice Ms. Emma with the available solutions under Agency Law.

Question 4 – Property Law (6 marks)

Abel has been supporting the disadvantaged since his teenage years. Currently he came across the news that millions of Syrian children are not getting the basic knowledge which they are supposed to get from primary school. Abel decided to support the children in all possible ways he can. He finally decided to send them books so that they could read the books at home.

To support the children and their education, Abel has found three sources for affordable children’s books. One of the sources is a peer-to-peer file sharing website called ‘promote education’ owned by Mr. Brook. The peer-to-peer file sharing website allows anyone to download five children books from ‘promote education’ in exchange for a YouTube subscription and inviting five individuals to subscribe both to their peer-to-peer file sharing website and their YouTube channel. By doing so, ‘promote education’ has gained more than 5 million YouTube subscribers.

Abel gladly subscribed to the website, and to the YouTube Channel and were able to download the electronic copy of five children’s books. One of the children’s books is titled Edward the Emu (1988) by Sheena Knowles. Abel found the book to be very inspiring for children and thus, he printed 5,000 copies in Australia, and he shipped the copies to Syria and donated to the children.

Advise Sheena Knowles if she has a cause of action for copyright infringement against Abel under the copyright Act 1968 (Cth).

Question 5 – Contract Law (6 marks)

Eliab Ltd is a Brisbane-based company. The company sells baby food and it specifically specialized in serving families with allergies of different types. The company sources the input to produce its products from all over the world. It prefers organic inputs. One of the contracts the company concluded in June 2022 is with the Melbourne company called Organic Ltd. Eliab Ltd and Organic Ltd concluded the contract with 25 terms. Three of the 25 terms are listed below

Term 1 – The contract is for the sale of semi-prepared baby food Term 2 – The semi-prepared baby food must be free from any nuts

Term 3 – The semi-prepared baby food should be made from organic food

Organic Ltd delivered the semi-prepared baby food at the agreed time and at the agreed place. Eliab Ltd used semi–prepared baby food to prepare its well-known product – baby meal on the Go. Eliab Ltd sold 300 baby meals on the Go on the first week of the release of the new batch produced using the semi-prepared baby food from Organic Ltd. 85 Families reported nut allergies reactions after their children consumed the baby meals on the Go.

Advise the families the available remedies under the Australian Contract Law.

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