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ACBUS201A/202A - Chris Fergus Version: 1 – Created XXXXXXXXXX fergus_usb:01_bac:law_abbreviations.docx Legal citations, and saving your word count...

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ACBUS201A/202A    -    Chris    Fergus    
Version:    1        –    Created     XXXXXXXXXX    
fergus_usb:01_bac:law_a
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.
Answered Same Day Oct 21, 2021

Solution

Preeti answered on Oct 23 2021
131 Votes
Case Questions
Part A
Question 1
There seems legal contract between Audrey’s and XYZ Tours, along with Audrey and NSW Wealth Managers. There is employer-employee relationship between Audrey and NSW Wealth Managers Association, this contractual relationship makes Audrey responsible for making necessary planning and other a
angements of the event or annual conference planned to be held in Surfers Paradise this year. Audrey is legally obliged to fulfil this duty effectively by carefully planning and organising everything. Any deviation in this a
angement makes Audrey responsible for compensating damages and other losses.
Audrey used XYZ Tours website for making necessary booking and other a
angements. There is implied contract between both entities as Audrey agreed to proceed with the booking in the manner specified by XYZ Tours. In that case, legal issue arising in both contracts make the parties responsible for compensating damages and other losses. There is clear intention to create legal relations between two entities thereby implying formation of valid and legal contract (Action against the manufacturer: Legal services commission of South Australia, 2018).
In a contract case, ‘Air Great Lakes Pty Ltd Vs KS Easter (Holdings) Pty Ltd, Supreme Court of NSW (1989) 2 NSWLR 309’ based on proposed sale of an airline to Easter by Air Great Lakes, which is subsequently refused to honour by Easter. The court held that Air Great Lakes is not responsible for claiming damages from Easter as there is no intention to create legally binding agreement between the two; it was just a proposal (Air Great Lakes Pty Ltd vs KS Easter (Holdings) Pty Ltd, Supreme Court of NSW (1989) 2 NSWLR 309).
Question 2
Audrey’s conduct could not be said to have serious impact on shop owner and manufacturing process of delegate’s jackets. It is found that Audrey has used aggressive words in order to create pressure upon shop owner at DEX Outfitters for manufacturing delegate’s jackets. This is not the case of undue influence therefore contract between the two can be said as valid and legally enforceable (ACCC: Consumers' rights & obligations, 2018).
In a famous case law, ‘Johnson v Buttress (1936) 56 CLR 113 at 126’, Johnson looked after the deceased, Buttress who was an illiterate and unsophisticated in business affairs (Johnson v Buttress: High Court of Australia (1936) 56 CLR 113). Buttress has transfe
ed ownership of a piece of land to Johnson without receiving any independent legal advice, later on; this decision was challenged by his son. The ownership transfer is set aside by the court, even though there is no evidence proving that Buttress has made the transfer under pressure. The relationship between Johnson and Buttress is based on trust and confidence which create burden on Johnson for proving that she has not taken advantage of that position. But, inability on the part of Johnson will not execute land ownership agreement (Johnson v Buttress: High Court of Australia (1936) 56 CLR 113).
In light of this case finding, Audrey has not attempted to unduly influence shop owner at DEX outfitters. She emphasised on quality work on quality claims and assurance made by the owner.
Question 3
In light of the recent out
eak of Coronavirus and emergency alert declaration by the state, the concept of ‘Force majeure’ is delved into for testing enforceability of contract with ‘A Class Travel’. ‘Force Majeure’ concept states that a contractual obligation might be delayed or not performed due to events beyond either party’s control. Coronavirus is a pandemic that constitute ‘Force Majeure’ as it is beyond the reasonable control of either party, and, consequences could not be foreseen or avoided. The out
eak of pandemic makes the performance of contract impossible,...
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