ACBUS201A/202A - Chris Fergus
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eviations.docx
Legal citations, and saving your word count
This is to help you with your word count in Assessment #3 in ACBUS201A/202A Commercial Law
Harvard AGPS: Legal Citations
Links to the TAFE NSW Li
ary Guide to Harvard AGPS referencing are available on your subject
Moodles, with pp 17-18 showing us how to reference cases and legislation.
Law cases and legislation can have very long names. Co
ect AGPS referencing includes the case /
legislation name, in each citation. These can quickly use up your work count [reference lists are
excluded from word counts, however in-text citations are included].
An acceptable approach to a
eviation would be to use the full name the first time you cite that
case/legislation in your assignment, and to introduce an a
eviation that you can then use as a
citation for the remainder of your assignment. Of course in the reference list at the end, the full
name would be used.
Example: Case in-text a
eviated citation
First citation: The issue of whether community religious leaders are ‘employed’
was considered by the High Court in Ermogenous v Greek Orthodox
Community of SA Inc [2002] 209 CLR 95 (‘Ermogenous’).
Subsequent citations: … Ki
y J proposed that applying concepts of employment contracts
to Archbishops would ‘challenge common notions’ about such
eligious positions in the community (Ermogenous, at 48).
Example: Legislation in-text a
eviated citation
First citation: As part of the wide range of legislation that introduced GST to
Australia, the definition of ‘taxable supplies’ is in Division 9 of A New
Tax System (Goods and Services Tax) Act 1999 (Cth) (‘GST Act’).
Subsequent citations: … a tax rate of 10%, based on the value of the taxable supply, is
payable by sellers of taxable supplies (GST Act, ss 9.70 – 9.99).
ACBUS201A – S2 2021 Assessment 31/8/2020
ACBUS201A – Commercial Law I
Assessment 3 - CASE STUDY/RESEARCH REPORT - Due Week 11 – 30% weighting
PART A – Case Study – 1000 words (20 marks)
Audrey is employed as the Events Manager for NSW Wealth Managers Association
headquartered in Sydney and she has the responsibility for a
anging the annual member’s
conference. The theme of this year’s conference is ‘investment and superannuation’ and
Audrey’s role is to ensure that all of the delegate’s requirements are met including
accommodation, food, clothing, and travel.
The annual conference will be held in Surfers Paradise, QLD this year and Audrey has to
organise everything.
Audrey starts by looking up the website of XYZ Tours in order to book a bus for the purpose
of the delegate’s travel to and from the hotel to the conference centre during the 5 day visit
to Surfers Paradise. The website clearly states that all bookings must be online. Audrey
telephones the company on 1 Fe
uary 2020 and has a general discussion with Tommy, the
company representative, about the availability of a bus, the dates and prices. She does not
specifically confirm a booking or pay a deposit in that conversation.
A week later on 8 Fe
uary 2020, Audrey posts a letter to XYZ Tours’ office in Surfers
Paradise stating that she wishes to proceed with her booking as discussed with Tommy.
In addition to the ‘booking’ that she makes with XYZ Tours, Audrey books all the
accommodation and other conference and travel activities through ‘A Class Travel’ a travel
agency. In August, Audrey realises that she has not yet organised any of the specially made
jackets which the delegates will wear during the conference. She goes to ‘DEX Outfitters” to
make these a
angements. She orders the jackets to be made with ‘NSW Wealth Managers
Association – Annual Conference 2020’ em
oidered on the pocket. Audrey agrees to buy
the jackets for $275 each after the shop owner says “Trust me, I have been in business for
20 years and my clothing is made from the finest quality cotton and workmanship. You will
have no problems with the clothing. Look at this quality. I promise you that nothing will go
wrong.” Audrey is so stressed that she has left things to the last minute and tells the shop
owner that if he does not provide the clothing within 14 days she will destroy him and his
usiness. When the clothing finally a
ives Audrey discovers the jackets are not made from
cotton and the logo says “2010” rather than “2020”.
One week before the delegation is due to travel from Sydney to Surfers Paradise, the QLD
Premier declares a state of emergency as a result of the worsening coronavirus pandemic
and spreading infections, and decides to close all the borders. All flights are cancelled and all
oads into QLD are closed. As a result, all event gatherings are prohibited until further
notice.
ACBUS201A – S2 2021 Assessment 31/8/2020
Required: Based on the above information and your knowledge of Australian contract and
consumer law, answer the following questions.
1. Outline and describe any legal contractual issues in relation to Audrey’s booking with
“XYZ Tours” and whether or not she/NSW Wealth Managers Association has/have a
contractual a
angement with them. Use relevant cases to support your answer.
2. Outline and describe whether or not Audrey’s conduct towards the shop owner at ‘DEX
Outfitters” has any impact on the contract she has agreed to for the manufacture of the
delegate’s jackets. Use relevant cases to support your answer.
3. Advise Audrey if her contract with ‘A Class Travel’ is enforceable, given the state of
emergency declaration, worsening coronavirus pandemic and the subsequent cancellation
of all event gatherings. Use relevant cases to support your answer.
4. Due to great disappointment following the cancellation of their annual conference in
Surfers Paradise, the NSW Wealth Managers Association decides to reschedule the
conference to Katoomba in the Blue Mountains region of NSW. Unfortunately this trip is a
complete disaster, as the travel agent Audrey used failed to make bookings adequately to
accommodate the whole delegation, didn’t book enough tickets to the scenic mountains
tour and failed to adequately cater for all attendees at the closing dinner.
With reference to this additional information, outline whether or not Audrey and/or the
NSW Wealth Managers Association may sue for damages? Fully explain your answer and use
elevant cases to support your answer.
5. For the purposes of the Australian Consumer Law (ACL) discuss whether or not Audrey
would be a Consumer in her dealings with ‘DEX Outfitters’.
6. Has the shop owner of ‘DEX Outfitters’ committed a
each of the Australian Consumer
Law (ACL) in relation to his statement “Trust me, I have been in business for 20 years and
my clothing is made from the finest quality cotton and workmanship. You will have no
problems with the clothing. Look at this quality. I promise that nothing will go wrong” and
the circumstances su
ounding the jackets received by Audrey? Use relevant cases to
support your answer.
PART B – Research Task – 500 words (10 marks)
Is common law and precedent still useful in regulating modern business practices or should
we simply use legislation? Discuss this statement by:-
(a) comparing the characteristics of common law and legislation and the role of the courts
and legislature in relation to the regulation and facilitation of business conduct; and
(b) contrasting the role of precedent and judges in dispute resolution, in civil law systems.
• All citations & referencing must comply with the Harvard AGPS referencing style.
• Students should note the word limits for each question, and the need to write concisely. Responses must
e within 10% +/- of each word limit. Students must clearly state the word count for each of their responses,
on their cover page. Note that the reference list does not form part of the word count.