Written Assignment – Part A

Assignment Details

• Part A (this part) of the Written Assignment is worth 10% of the overall grade.
• The word limit for Part A is 500 words.

Assignment Instructions

• It is recommended that you use the IRAC problem solving method to answer this assignment.
• You may use headings and subheadings to structure your answer.
• Your answer must include legal references (relevant cases or sections of Acts).
• You are required to use the Harvard style of referencing. You should include a reference list in your assignment, including a list of legal references you have used.
• You must include the Assignment Feedback document at the end of your answer. The Feedback sheet is on the last page of this document. Please copy it into your submission.

Important:

Please note that this is not a research assignment. It is expected that you use the course materials in preparing your assignment. This includes using the lecture materials and the course text book. It is expected that you use the law that is included in these resources. You should not use law obtained from another source.

(Question on next page)

Question

Julie owns a sushi restaurant in Adelaide, called Super Sushi. Super Sushi is located in a small food court in the CBD (central business district). Super Sushi offer a lunchtime delivery service to customers in the CBD. Super Sushi guarantee that the sushi will be delivered (anywhere in the CBD) within 20 minutes of the order being placed. If Super Such does not deliver the sushi within 20 minutes within the CBD, it is free.

Julie has hired Lucy to perform the deliveries. Their written agreement states that Lucy is an independent contractor and that Lucy must provide and maintain her own transport to perform the deliveries. Julie has requested that Lucy be available between 11am – 3pm Monday to Friday for deliveries which Lucy agrees to. Julie also requests that Lucy wear a Super Sushi baseball hat when making the deliveries, which Lucy is happy to do. The written agreement also states that if Lucy does not deliver the food within the 20 minutes, then she must pay Julie for the food order.

One Friday afternoon, Lucy jumps on her bright green scooter to make a delivery. The delivery location is on the other side of the CBD, and she knows that she has to go fast to get there in 20 minutes.

Unfortunately, the traffic is very busy; Lucy knows she will not make it in time. Lucy does not want to have to pay for the order if it is not delivered within the 20 minutes. Lucy decides to ride her scooter on the footpath and takes a short cut through a park. Unluckily for Lucy, she collides with Matt, who was sitting on the grass having his lunch. Lucy does not stop and speeds off to completethe delivery.

Matt, who was shocked by the incident, recognises the bright green scooter since he ordered Super Sushi the day before and had it delivered by Lucy. Matt then contacts Julie at Super Sushi and demands that Super Sushi pay for the damage caused to his clothing. Julie says that Super Sushi is not liable, as Lucy is an independent contractor, not an employee.

Using the relevant principles of employment law, discuss the validity of Julie’s claim. In your answer, make sure to include legal references in support of your arguments.

(Please remember to copy the Feedback Sheet – on the next page – into your assignment as the last page)

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In this paper you are to highlight the importance of consent in regard to sexual activity (Font Calibri or Times New Roman, size 12). In 1-2 pages cite recent news stories to establish the importance of consent and then:

1. Discuss ways to obtain consent from potential partners

2. Discuss optimal timing for obtaining consent

3. Discuss frequency for obtaining consent

4. Discuss potential consequences of not obtaining consent

2. BUSINESS LAW AND ETHICS

ARBITRATION VS LITIGATION

Discuss ARBITRATION VS LITIGATION

3. Economic Factors

Below are questionsthatwill help with the understanding of thisweek’sreadings and preparation for Project 1.
1. What economicfactors have to be considered in identifying an industryanalysis?
2. What competitive forces do companies face in an industry?
3. Whatfactors are drivingindustrychange and whatimpactswilltheyhave?
4. What market positions do rivalsoccupy – whoisstronglypositioned and whoisnot?
5. Whatstrategicmoves are rivalslikely to makenext?
6. What are the keyfactors for future competitive success?
7. Does the outlook for the industrypresent the company with an attractiveopportunity?

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SECTION I: For each of the two Fact Patterns set out below:

A. List each area of substantive law which is implicated by the fact pattern; (An area of substantive law might, for example, be Intellectual Property, International Law, Environmental Law, Employment Law, etc.)

B. Identify the legal issues which arise from the fact pattern;

C. Set forth an analysis of the facts stated in the fact pattern as they pertain to each legal issue that you identify and set forth what you believe would be the resolution of each identified issue based upon those facts. If you believe that the outcome of any issue would be different based on any facts or information that you believe are necessary to your analysis, set forth any such facts and explain why they would be important**; and,

D. If you were the trier of fact in this case, in whose favor would you rule and why? What would be the winning party’s remedy(ies) and why?

**(NOTE: You should not alter the stated facts or engage in random speculation. However, you should feel free to make all reasonable inferences from the facts as stated and set out and discuss any items of fact that you believe are not clear from the fact pattern which you reasonably believe are necessary to a full analysis of the issues.)

FACT PATTERN 1: (40 Points)

WE LOVE MEAT is in the meat processing business. When WE LOVE MEAT opted to purchase the necessary equipment for a smokehouse and build a smokehouse facility at its plant, it contacted SMOKEHOUSES R US, which designs, manufactures and installs facilities for food processing, concerning the design and construction by WE LOVE MEAT of its new smokehouse facility. SMOKEHOUSES R US represented that it was an expert in this field and was fully capable of designing and building the facility in which the smokehouse equipment to be purchased by WE LOVE MEAT was to be installed, and in installation of WE LOVE MEAT’s smokehouse equipment, all in accordance with applicable codes and in a timely manner.

On January 14, 2016, SMOKEHOUSES R US provided WE LOVE MEAT with a Budget Quotation for the construction of the smokehouse facility and the installation of the smokehouse equipment which stated that the entire project would cost $60,000 and set forth the terms pursuant to which SMOKEHOUSES R US would provide goods and services for the project. Pursuant to those terms SMOKEHOUSES R US would design, construct and oversee the project including the installation of the smokehouse equipment and that all work would be done in a continuous time frame.

Based on the represented expertise of SMOKEHOUSES R US and the terms of the Budget Quotation, WE LOVE MEAT contracted with SMOKEHOUSES R US on February 1, 2016 to design, construct and oversee the project for $60,000 and paid a down payment of $20,000. An additional payment of $20,000 was to be paid when the work commenced with the balance due upon completion of the project. SMOKEHOUSES R US commenced work on February 28, 2016 and although SMOKEHOUSES R US worked on the project after February 28, 2016, by the end of June of 2016 the work was still not completed.

WE LOVE MEAT sued SMOKEHOUSES R US alleging that (1) SMOKEHOUSES R US failed to properly design, build and oversee the project, (2) the smokehouse which had been purchased by WE LOVE MEAT was installed improperly and in the wrong area, (3) that much of the work for which SMOKEHOUSES R US was contracted was not completed, and (4) the work that was done by SMOKEHOUSES R US was not done properly, and (5) when WE LOVE MEAT tried to get SMOKEHOUSES R US to repair its deficient work and to complete the project, SMOKEHUSES R US said it would do so only if WE LOVE MEAT paid SMOKEHOUSES R US an additional $75,000. WE LOVE MEAT claimed that in order to repair and complete the work to be performed by SMOKEHOUSES R US, WE LOVE MEAT had to pay another contractor $100,000 and that as a result of the failure of SMOKEHOUSES R US to perform under the contract, there was a substantial delay in WE LOVE MEAT being able to have the project completed and begin cooking and selling its products which resulted in $50,000 of lost profits to WE LOVE MEAT.

SMOKEHOUSES R US contends that (1) WE ARE MEAT only paid $10,000 at the commencement of the work and failed to pay anything further and therefore it had no duty to repair any defective work or to complete the project (2) it performed all services in accordance with the applicable standard of care and in a workmanlike manner, and (3) the evidence demonstrates that there was no deadline set for the work nor did WE ARE MEAT state that time was of the essence when it hired SMOKEHOUSES R US.

FACT PATTERN II (40 Pts).

REAL ESTATE MAKES US RICH is the owner of the Wonderful Mall. ASSET MANAGEMENT COMPANY, INC. manages the Wonderful Mall for REAL ESTATE MAKES US RICH. Mr. and Mrs. OWTHATHURTS had parked their car on the 5th floor of the parking garage at the Wonderful Mall while going to the movies at the theater across the street from the Wonderful Mall since there were no parking spaces available at the movie theater.

When the movie was over Mr. and Mrs. OWTHATHURTS went back to the Wonderful Mall to get their car and entered the elevator in the parking garage. Shortly after entering the elevator, one section of the three part ceiling of the elevator came loose and fell from its supports and landed on Mr. and Mrs. OWTHATHURTS. Mrs. OWTHATHURTS received a blow to the head, resulting in swelling and a visible bump on her head. Mr. OWTHATHURTS received a blow to the head and neck area and a laceration of his forehead.

SECTION II (20 Pts):

Facts: John, Jane and Spot start a company to develop and sell an App that enable students to “attend” classes by projecting an interactive image of themselves into a classroom that is so real that their professors think they are actually in class. John agrees to provide the startup capital for the company, Jane agrees to provide all of the necessary operating costs for the first year and Spot, who is the technological brains of the operation, agrees to do all of the research and development to create the App.

Question: Describe the legal factors and issues that John, Jane and Spot must consider when determining what legal entity, if any, they should choose and how you arrived at your choice of legal entity based on those factors and issues.

EXTRA CREDIT QUESTION (15 Points):

Other that determining what form their company should take, what other legal issues should John, Jane and Spot be thinking about and addressing based on the fact pattern set forth above?

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Case studies

This assignment has 16 cases in it:

a.    Business Law Exams Question

‘Adams v Cape Industries Plc (1990) provides justice between the creditors

and  shareholders  in  case  of  a  company  bankruptcy’.  Is  that  correct?

Discuss.

b.   Business Law Exams Question

1. By what  principles  must  an  employer  be  guided  when  imposing

restrictions on the present and future activities of his employees?

1. T was  employed  by  E  as  a  traveler  for  children’s  wear  and  gave  a

signed undertaking that he would never engage in similar work for any

competitor  should he  terminate  his  employment with  E.  Upon  leaving

E’s  employment  however,  he  accepted  a  similar  post  with  C,  a

competiting  manufacturer.  Give  reasons  why  E,  could,  or  could  not

enforce T’s undertaking

c.    Business Law Exams Question

Eleni, aged 17, decides to leave home because she does not get on with her parents.

During the next 3 weeks she enters into the following agreements:-

(a)  She borrows £500 from her elder brother to pay her expenses until she can

find a job.

(b)  She takes a 2-year lease on a flat, paying 3 months’ rent in advance.

(c)  By  pretending  to  be  21,  she  orders  some  furniture  costing  £700 from

Woolworths on 12 months’ interest-free credit.

Discuss the legal effect of each of these agreements.

d.   Business Law Exams Question

(a)  What is meant by subrogation?

(b)  X  insures  property  against  fire  risk.   Shortly  before  the buildings  are  damaged  by  fire,  negotiations  are  begun  with  a prospective  purchaser  and  X  receives  £1,000  from  the insurance  company.   On  completion  of  the  sale  the  company seek to recover the sum from X. Advise X.

e.   Business Law Exams Question

(a)  To  what  extent  will  a  party  to  a  contract  be  able  to  plead successfully  that  a  mistake  has  released  him  from  his  legal obligations?

(b)  During negotiations for the sale of a painting, Fred offered to buy  it  at  an  inflated  price  in  the  mistaken  belief  that  the painting was the work of a Dutch master. The painting was the work  of  a  forger.   The  vendor,  Hogg,  thought  that  he  was selling the painting to Fred’s twin brother, George. To avoid embarrassment,  Fred  did  not  draw  Hogg’s  attention  to  the misuse of names. Fred pays for the painting by cheque which is  later  dishonoured.   By  the  time  that  the  cheque  has  been returned to Hogg, accompanied by a note from the bank that it has  been  dishonoured,  Fred  has  sold  the  painting  to  Ilka. Advise Hogg.

f.     Business Law Exams Question

(b)  Under  a verbal agreement Jack agreed to grant the lease of a shop and an adjoining forecourt to Kenneth for £98,000. The written agreement refers exclusively to the lease of the shop for £99,000;  no  mention  is  made  of  the  forecourt.   The  written agreement provided that ‘the said premises shall be used solely as  a  shop’.   Kenneth  begins  trading  as  Lampoon  Ltd.,  a business  engagement  in  light  industry.   At  the  time  of  the negotiations  Kenneth  did  not  disclose  that  he  proposed  to change the use of the premises from being a shop to the present use.   Jack  occupies  a  luxury  maisonette

over  the  premises. Advise the parties as to any legal remedies available to them.

g.    Business Law Exams Question

Michael advertises his car for  €40,000.  John  sees  the  advertisement

and calls Mike saying that he accepts to pay the €40,000 but asks for

a new cd player to be installed in the car. Later that day Adam calls

Michael  and  offers  €42,000.  Michael  accepts  and  gives  the  car  to

Adam. John is angry and feels that Michael has deceived him. Advise

John.

h.   Business Law Exams Question

John recently obtained a remote controlled colour TV set. What are his

rights in the following different circumstances?

(a) Just as he is sitting down to watch ‘Match of the Day’ there isa flash

and a puff of smoke from the back of the TV and the screen goes

blank. John bought the set new from a local department store. He

paid for it in cash.

(b) John obtained the TV from his brother-in-law, Paul, by exchanging

his music centre with him. John was told by John that it was a colour

TV but so far he has only got a black and white picture.

(c) John is an American football enthusiast. He told the salesman at TV

World Ltd., a local electrical shop, that he wanted a TV set which

would receive Channel 4 broadcasts. John, who is buying the TV on

hire-purchase, has now discovered that he cannot get Channel 4 with

this particular model.

(d) The remote control unit refuses to work. John took the TV on hire

from a local TV rental firm.

i.      Business Law Exams Question

John puts an advertisement in the newspaper offering a reward of £100 to

anyone who finds and returns John’s cat. Susan reads the advertisement,

finds  the  cat,  returns  it  and  claims  the  reward.  John  refuses  to  pay  the

reward  on  the  basis  that  Susan  had  not  communicated  her  intention  to

accept the offer prior to finding and returning the cat. Advise John.

j.     Business Law Exams Question

John owns a 1951 Mercedes SL that he wishes to sell. He instructs Ross  to

sell the car, and in return, will be paid £5,000 commission. Ross manages to

find a buyer, Paul, and introduces Paul to John. However, John decides not

to proceed with the sale. Advise Ross.

k.    Business Law Exams Question

Alex, Barry and Catherine have traded as a partnership for several years.

The business has been successful and has expanded rapidly. They believe it

could expand further, but require additional capital to continue to expand

in the way they want to. They are considering  to  register their business, as

they believe that this will enable them to seek the capital they need.   Advise

the partners.

l.          Business Law Exams Question

A contract with B to buy 10 tonsof black Chinese cement to be delivered to Limassol port on the 22.4.05. On the 20.4.05 B indicates to A that he will be unable to deliver the said merchandise but instead offers him 8 tons of white Japanese cement. Advise A as to what he can do, and why.

m. Business Law Exams Question

‘Adams  v  Cape  Industries  Plc  (1990)  provides  justice  between  the

creditors  and  shareholders  in  case  of  a  company  bankruptcy’.  Is that

correct? Discuss.

n.   Business Law Exams Question

Mark advertises a car and says that this car has 30,000 miles. Peter

sees the advertisement and makes an offer to Mike for €5000. Mark

accepts and sells the watch to Peter. After 3 months Peter finds out

that the car has actually 50,000 miles. Advise Peter.

o.   Business Law Exams Question

Andy  advertises  a  TV  for  1,000  Euro.  Chris  sees  the  advertisement  and

calls Andy saying that he accepts to pay the 1,000 Euro but wants to do so

in 2 installments of  500 Euro each. Later that day Michael calls Andy and

offers  1,200  Euro.  Andy  accepts  and  gives  the  TV  to  Michael.  Chris  is

angry and feels that Andy has deceived him. Advise Chris.

p.   Business Law Exams Question

Michael advertises a bracelet stating that it is a 1940s antique. John sees

the  advertisement  and  makes  an  offer  to  Michael.  After  2  weeks,  John

finds out that the bracelet was actually made in 1990. Advise John.

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