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Task You must answer the two problem-type questions below, using the ILAC (Issues, Law, Application, Conclusion) format, a worked example of which is in the Resources folder. Please note that the word...

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TaskYou must answer the two problem-type questions below, using the ILAC (Issues, Law, Application, Conclusion) format, a worked example of which is in the Resources folder.Please note that the word limit of 2 000 words is a total for both questions (ie, it is not 2 000 words for each question). I would however expect that students should be able to answer both questions in far less than 2 000 words. Your bibliography is not included in the word limit.**In this subject, assignments are marked on-line, using an adapted MS Word programme. You therefore MUST submit your assignment in Word format, NOT as a PDF document. If you submit in PDF it will not be able to be marked.*****If you anticipate applying for an extension for this assignment, please read the rules on extensions in this Subject Outline before doing so.***Question 1 (10 marks)

Qantas Airlines Ltd signs a contract with Airbus Corporation Ltd for Airbus to build a new aeroplane. On average, Qantas would make $ XXXXXXXXXXprofit per day from using such an aircraft.

The contract has 545 terms. Term 56 says that the plane must be able to travel XXXXXXXXXXkm at 800 km per hour. Term 455 says that the aircraft must have an in-flight video system capable of showing 36 channels of entertainment to passengers.

After the contract is signed, Airbus sends to Qantas a package containing a large number of documents, including the contract itself and examples of the colour scheme that will be used. In the middle of these documents there is also a new document headed ‘Limitation of Liability’, the key part of which states as follows:

The liability of Airbus Corporation Ltd for breach of contract is capped at $ XXXXXXXXXX.

When the plane is delivered, its engines are as required, but, due to confusion at the factory, the wrong software has been loaded into the entertainment system, which has only 34 channels. It would take a week to re-configure the software. Advise Qantas Airlines fully as to what its legal position is, citing relevant case law.

Question 2 (10 marks)

Frank runs a shop that sells appliances such as ovens, fridges and freezers. He is a sole trader – his business is not incorporated. Gemma is employed by Frank as a salesperson. Among the second-hand appliances in the shop is a dishwasher, priced at $ 350. One day Tom, is browsing in the store, sees the dishwasher, and says to Gemma “That’s a great price – I will just go home to see if I have space for it”.

Gemma’s niece, Frances, is getting married next month. Gemma knows that Frances needs a dishwasher. Gemma quickly phones Frances and says “Get to the store quickly – I think I can get my boss to agree to take $ 300 for a fantastic dishwasher”. Gemma tells Frank that she doesn’t think that the dishwasher will ever sell for $ 350, but that a customer might pay $ 300. Frank authorises Gemma to sell the dishwasher for $ 300. Frances comes in and Gemma sells it to her at that price. Later, while Gemma is on her lunch break, Tom comes in to the store. When he inquires about the dishwasher, Frank tells him that it was sold that morning for $ 300. Tom tells Frank that he would gladly have paid $ 350 for it.

Another salesperson, Bob, has the job of selling large quantities of washing machines to commercial laundries. He has frequently negotiated with Angela, who owns a chain of laundries, to sell her washing machines. Bob frequently comes to work late and is sometimes drunk. One Friday afternoon, Frank says to Bob “You are fired with immediate effect – clear out your desk and leave”. Frank then rushes off to a meeting across town without making sure that Bob actually leaves the premises.

Bob sends an email to Angela, saying that he has just received ten new industrial washing machines which he can sell to her for $ 1 000 each. Angela agrees, and makes an electronic transfer of $ XXXXXXXXXXin payment, saying that she will collect the machines on Monday. Bob withdraws the $ XXXXXXXXXXfrom the Home Appliance Specialists bank account and disappears overseas with it. When Angela comes to collect the machines on Monday, Frank refuses to give them to her, saying that Bob had no authority to sell them as he had been fired. Angela has sued Frank for delivery of the machines.

Give Frank legal advice in relation to the above situations.

**Please check that your assignment complies with the rules in the Style Guide before you hand it in.**RationaleThis assessment will allow you to demonstrate your ability to:
  • engage in legal research;
  • identify the legal issues arising out of novel factual situations, to analyse the applicable law and to differentiate between which rules are applicable and which are not and then apply the law to the problem;
  • to explain and summarise the applicable law in such a way as to create a report for a client which states what liabilities arise from novel factual situations
And more specifically:
  • your knowledge of the law of contract
  • your knowledge of the law of agency
  • your ability to undertake an assessment task relevant to the workplace and professional practice.
Marking criteria
CRITERIAHDDICRPFL
Students are required to answer two problem type questions in order to demonstrate:To meet this level you will achieve a cumulative mark of 85-100%. A mark in this range indicates that a student:To meet this level you will achieve a cumulative mark of 75-84%. A mark in this range indicates that a student:To meet this level you will achieve a cumulative mark of 65-74%. A mark in this range indicates that a student:To meet this level you will achieve a cumulative mark of 50-64%. A mark in this range indicates that a student:At this level you will obtain a mark of 0-49%. A mark in this range indicates that a student:
Identification of relevant legal issuesCorrectly identifies all legal issues and formulates them clearly with consideration of all links to relevant law with no errors.Correctly identifies all legal issues and formulates them with consideration of links to relevant law, with only minor errors.Identifies and correctly formulates most major legal issues, taking into consideration most links to relevant law.Identifies some legal issues, with some errors in formulation.
Considers some links to relevant law.
Identifies no relevant issues or only a few of them. Some of these may be unclearly formulated. Considers few links to relevant law.
Explanation of law, citing relevant legal authorityProvides a complete explanation of the law with no errors. Explains all relevant legal authority.Provides an explanation of almost all points of the law with few errors, substantiated by most of the relevant legal authority, with only minor errors.Provides an explanation of most points of law with few errors, substantiated by citation of most of the relevant legal authority with few errors.Provides a basic explanation of the law, but with some errors, substantiated by limited legal authority.Provides incorrect or limited explanation of the law using little legal authority.
Application of legal principles to the factsApplies the law to the facts so as to address all issues with no errors. Argument discusses linkages between facts and the law and considers counter-arguments. Conclusion clearly draws together arguments.Applies the law correctly to the facts so as to address all issues, with only minor errors. Argument discusses linkages between facts and the law. Conclusion draws arguments together.Applies the law correctly to most issues arising from the facts, but with some errors. Argument summarises application of the law. Conclusion summarises arguments.Makes a basic attempt to apply the law to the facts, but applies wrong law and / or contains significant errors in the application.
Resultant answer is incomplete.
Paper does not correctly apply law to the facts and / or applies incorrect law. May be descriptive, rather than putting forward a reasoned argument.

Compliance with the Style Guide and overall structure.Uses Style Guide comprehensively, accurately and consistently. Uses ILAC model. Extremely well structured and organised, with one main argument introduced per paragraph, supported by well-written supporting sentences.Uses Style Guide accurately and with only minimal errors.
Uses ILAC model. Well structured, with some differentiation of arguments between paragraphs.
Use of Style Guide, with some errors or lapses. Uses ILAC model and is clearly structured.Limited or inconsistent use of Style Guide. Some attempt at use of ILAC model and in structuring
answer but with errors.
Poor, inconsistent or inaccurate use of Style Guide. Poorly structured. Inadequate or no use of paragraphs. May have disregarded the ILAC model.
Written expression and editing.Uses appropriate academic writing which is formal, impersonal and which contains no spelling, grammar and punctuation errors. Paper demonstrates careful proofreading.Uses appropriate academic writing which is formal, and impersonal with only very minor spelling, grammar and punctuation errors. Paper demonstrates careful proofreading.Uses appropriate academic writing which is formal and impersonal, with a few spelling, grammar and punctuation errors. Paper demonstrates evidence of proofreading.Significant spelling, grammar and punctuation errors but the paper is readable and demonstrates some attempt at proofreadingPoor grammar, spelling and/ or punctuation. Paper gives no evidence of having been proof-read.
Presentation

Please comply with the Style Guide which appears after Assessment item 2.

Answered Same Day Dec 27, 2021

Solution

Robert answered on Dec 27 2021
102 Votes
Question 1
Issue
In the given case the Qantas Airlines enter into a contact with the Ai
us Corporation limited to
uild an aero plane. The contact has all these elements as mentioned above as the contract is to
uild an aero plane for consideration has to perform the contract within a specified time period.
The contract is accepted by both the parties so there is a legal binding to perform the contract.
The contract between them contains 545 terms which has to be followed by both the parties.
According to the term 56 the plane must travel 10,000 Km per hour and the term 455 says that
the flight video system is capable of showing 36 entertainment channels to the passengers. The
terms of the contract is duly specified in 545 terms which creates legal binding on both the
parties to perform it. Further the Ai
us Corporation limited also sends documents along with the
signed contract in which it is mentioned that the liability of the former will be capped to
$300,000 in case of
each of contract.
Law
The Australian contact law is made on the English common law not based upon any statue. This
fundamental law in the Australian law is the freedom of the contract, it gives both parties a
argain right to a
ive at the terms of the contract.
A Contract is a legal document enforceable by the law, in which two persons make promises to
perform an activity enforceable by law. A contract has five necessary elements which need to
present to make a valid contract namely:
-Agreement: There must be an agreement between the parties to enter into the contract.
-Consideration: The contract must be performed for a consideration either in money or in kind.
-Capacity: Both the parties are in legal capacity e.g. sound mind and legal age.
-Intention: There must be an intention to perform the contract.
-Certainty: The contract has to be completed in time and as specified in the contract.
All these elements must be present to make a contract valid one, absence of any one of the
element from the contact will make it void at the option of the other party.
The contract has been accepted by the Qantas Airlines and it is implied that it also agreed on the
same terms and conditions as mentioned in the document. As per the terms of the contract the
Ai
us Airline supplied the aero plane but at the same time it contravenes the contract. The terms
of the contract is to supply an aero plane which has 36 channels for the entertainment of the
passenger but it supplied aero plane which has 34 channels. The wrong software has been loaded
to the system due to which it happens and it will take a week time to re configure the software as
per the requirement of the Qantas Airlines. The Ai
us Corporation limited has made
each to
the contract. Generally
each of contract means where one party has not perform his obligations
as per the terms of the contract, which gives the other party a right to terminate the contract. In
each of contract the party who is not guilty can terminate the contract. Hence the
each of
contract can provide the following remedies to the other party:
- To terminate the contract.
- To claim damages for the
each of contract.
- Court order to discharge his pending obligation under the contract.
And where contract made between them if specifically says that if there is
each of contract by
any party the n what remedies available to the other party if not then it is the option of the non
eaching party that if he wants to terminate the contract or wants to claim damages which he
has suffered due to the non fulfillment of the contract.
Application
Further there is a clause in the contract made in between them which says that in case of
each
of the...
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