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MBS 518 Principles of Business Governance

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Semester 1, 2019 Assignment

This assignment is worth 40 marks.  It must not exceed 1000 words. The assignment is due by 4 pm (WST) on the 24th April 2019.  Students must submit their assignments in BOTH electronic and in paper form.

This is an individual assignment.

In answering the assignment you must use a 12 size font, double spacing and default Microsoft Word margins. The mark for your assignment will be determined by reference to the quality of its analysis, its clarity and organisation, and its presentation, including its freedom from distracting stylistic errors (grammatical, spelling, punctuation and typographical).  Where appropriate, references should be made to statute sections, cases, texts and other commentary. 

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Late assignments will have 10% of the marks deducted per day or part thereof.  Extensions for the assignment will be granted only in exceptional circumstances. If something exceptional arises that you believe requires an extension you should contact me (preferably by e-mail) before the due date.  Reasons which are insufficient to warrant an extension include computer failures, car failures or other transportation difficulties, work conflicts and other study commitments

Cases decided by courts and tribunals have a name, a year of decision, report title, report volume, and report page number.  All of these details should be included in the first citation of the case. E.g. Stevens v Brodribb Sawmilling (1986) 95 CLR 523.  After that the case can be referred by name only.  Where you have found out the details of the case from a summary or other source and not from the case report itself, your sentence should conclude with that source.  E.g. In Stevens v Brodribb……(van der Waarden 2010, p18).  Note, this example is appropriate for Chicago style referencing; the end of sentence reference will be denoted differently depending on the reference style.

Legislation should be named with the year of parliamentary approval and jurisdiction listed as part of its name.  E.g. Fair Work Act 2009 (Cth).  Cth is an abbreviation for Commonwealth.  WA is the abbreviation used for Western Australia. If you are referring to a particular section of an Act, you should name the act first and then add the section.  E.g. Fair Work Act 2009 (Cth) s. 117.

Once you have cited cases and legislation appropriately in the text of your paper, you should NOT list them again in your list of references.  Nb. Reference lists include books, articles, internet documents, etc.

See the Library guides at http://library.murdoch.edu.au/Students/Referencing for further information on Chicago or APA style referencing.  You can find information on AGLC 3 referencing at http://www.law.unimelb.edu.au/mulr/submissions/quick-aglc

Assignment question

Camita Quilla is an experienced driver who has owned and driven cars for over 16 years. She wishes to sell her current car and advertises it for sale in a newspaper for $10,000. She gives a brief description of the vehicle in the advertisement. Camita had purchased the car one year earlier from its original owner. When Camita bought the car, she was told it had travelled 30,000 kilometres and that it had never been involved in a collision. Camita reviewed the record books of the car before buying it and had no reason to doubt the first of those two statements. However, since buying the car, her own mechanic has told her that the car was extensively damaged in a collision by its previous owner, but that this damage had been well repaired and the car performs as well as can be expected for its age and condition.

Matthew comes to inspect the car. He is a young man, a seventeen year old, first year university student. He works part time to pay his university fees and lives by himself as his parents are no longer alive. He cannot afford a nice place and lives some distance from the city centre, where his university and work are, and where public transport is not so good. In fact, this is Matthew’s first car. He is particularly interested in the mileage of the car and any accident history and asks Camita a number of times about these. Camita tells Matthew that the car had done 50,000 kilometres as she herself had travelled 20,000 kilometres during the one year she owned the car and that, as far as she knows, it had never been involved in a collision. Mathew decides on the spot to buy the car from Camita for $10,000 and they make the deal to transfer the car into Matthew’s ownership.

Two weeks later, Matthew visits Camita and complains that he has had expert advice from a mechanic that the car has been involved in a serious collision and that the odometer has been tampered with and should actually read 70,000 kilometres. Matthew asserts that Camita has lied to him about the condition of the car. He claims that his mechanic’s expert advice is that the true value of the car is about $6,000 and not $10,000. Matthew demands that Camita either takes the car back and refunds $10,000 to Matthew, or alternatively, gives Matthew a refund of $4,000, being the reduction of value of the vehicle, with Matthew keeping the car.

Ignoring statutory law and using only the common law of contract, outline in essay style format the legal issues that are involved in this case study.

Monday class students are to advise Matthew.

Tuesday class & External students are to advise Camita.

Based on the conclusions to those issues, do you think both parties have any legal obligations to each other.

                                                                                                                                (40 marks)

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