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Assignments will be marked on the following criteria: (a) Knowledge and research of the assignment topics; (b) Identification of the relevant law, legal issues, development of argument and application...

Assignments will be marked on the following criteria:
(a) Knowledge and research of the assignment topics;
(b) Identification of the relevant law, legal issues, development of argument
and application of facts to the relevant law;
(c) Conclusions reached and whether they follow logically from the argument
(d) Conciseness of presentation, spelling and clarity of expression and:
(e) Whether the student has followed the “How Do I Reference for the mid
semester assignment” document posted on Blackboard;
(f) Grammar & punctuation; and
(g) The degree of independent thought exhibited by the student.
Miles is a farmer who wishes to purchase a second-hand tractor to plough his
land. He visits a local agricultural supplies business in his hometown of Bega
called “Farmquip” and speaks to Angus. He is interested in a tractor that is being
advertised on the lot of Farmquip for $68, XXXXXXXXXXApproximately one (1)
kilometer down the road from Farmquip, there exists another farm equipment
sales business called “Landco Machinery” that is also advertising a tractor for
$68,000. Miles speaks to Angus and Angus says that his tractor is without doubt,
the best tractor for sale in Bega for this price. Angus further explains to Miles
that the previous owner of the tractor was a very close friend who took
wonderful care of it.
Miles likes Farmquip’s tractor and would prefer to buy from Farmquip because
he trusts Angus. Miles then explains to Angus that the tractor for sale down the
road seems to be a better purchase because it has a cabin with air conditioning.
In order to induce Miles to purchase his tractor, Angus tells Miles that he will
definitely be able to convince the manager of Farmquip to install a similar air
conditioner unit in the cabin of his tractor if Miles agrees to sign a contract to
buy it.
Miles is happy that the Farmquip tractor is to have air conditioning fitted to its
cabin. He tells Angus that he will go and have some lunch, think about it and
come back if he wants to purchase the tractor from Farmquip.
Two days later, Miles returns to Farmquip and tells Angus that he has decided to
purchase his tractor. Miles then goes ahead and signs a contract for sale for
$68,000. The contract Miles signed has the following term included:
Clause 18: I acknowledge that Farmquip’s Terms and Conditions apply to this
contract and I agree to be bound by them.
The terms and conditions are contained in a document that is clearly being
displayed on a wall for customers to see behind the sales counter of Farmquip.
One of the terms in that document says: “Farmquip accept no responsibility for
any motor or mechanical faults that may be found with its farming equipment
while being offered for sale.”
After signing the contract, Angus tells Miles that he should bring the tractor back
in 4 days so that the air conditioning can be installed to the cabin. The contract
Miles signed says nothing about the air conditioning.
When Miles returns in 4 days, he discovers that Angus no longer works for
Farmquip. He speaks to the owner of Farmquip (Maria) who says she knows
nothing about the promise to install air conditioning and refuses to do so
because it is not mentioned in the written contract. Miles protests but Maria is
adamant that she will not pay for and install an air conditioner to the tractor.
One week later, Miles’ tractor breaks down and he has to take it to his mechanic.
The mechanic discovers that the tractor has not been treated well over the past 2
years. It turns out that it has been rarely serviced and has previously had major
repairs done to its engine that were not completed satisfactorily. It will now cost
$10, XXXXXXXXXXto fix the mechanical fault that caused the tractor to break down.
Miles now wishes that he had purchased the tractor from Landco Machinery.
Miles comes to see you for advice. He wants to know, as a matter of law, whether
he can insist upon the return of his $68,000.00 and or claim any compensation
and if not, why not. Or if so, on what basis can he do so?

Oct 07, 2019

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