Group Assignment

Group Assignment Guidelines and Specifications

Q.1 Contract Law Question (20marks)

BenwantstoimpresshisgirlfriendbybuyingheragoldTAGHeuerwatch.Hevisitsawatchshopand is shocked to see that the prices range from $25,000 to $400,000, which he cannot afford.

Hearingthis,theshopkeeperoffersBenaspecialTAGHeuerwatchfromthebackofthestore,claiming it’saunique"TAGHeuerX"model,indicatedbytheextraletter"X"onthewatch.Thewatchhassmall diamondsandagoldframe.TheshopkeepertellsBenthatbecauseit’ssospecial,hewillsellittohim for only $1,000.

Excited by the offer, Ben quickly agrees and buys the watch. Later that evening, Ben gives the watch to his girlfriend at a restaurant. She is initially happy but then notices that the watch is not working and realises that the brand name "TAG Heuer X"on the watch is actually fake. The diamonds fall out when she slams the watch on the table, and she leaves the restaurant, furious at Ben.

Ben now wants to know if he has any legal action against the shopkeeper who sold him the watch. What are Ben's rights, and what action can he take?

Inyouranswer,analysetheelementsofacontractandapplythemtothefacts.FocusonlyonContract Law and do not consider Australian Consumer Law. (Maximum – 1000 words)

Q2 Negligence Law question (10marks)

On3April2023,CharlesBurnettplacedanadvertisementintheTradingPost,aspecialistnewspaper, advertisingagaragesaletobeheldatherhomeintheweekendof5-6April2023.Charleshasprevious experience in conducting garage sales. Such activities are common in the suburbs of Sydney, where Charles’s home was situated, and elsewhere throughout Australia.

Thefirstdayofthegaragesale,5April2023,startedoutclearandsunny.Charles'spropertyincluded a concrete drivewayextendingfromacarport annexedtothe housetothepublic footpathandroad. Thedrivewaycomprisedsectionsofconcretejoinedinanexpansionjointwhichextendedthroughout its length. Charles placed a variety of domestic articles for sale on a timber table situated on the southern side of the driveway close to the carport. Prospective purchasers had no alternative but to

approachthegoodsbywalkingoverthe driveway.Charles expectedavolumeofpedestriantrafficto attend the sale. He knew, or ought reasonably to have known, of the disparity in the levels of the adjoining concrete slabs in the forecourt of his home.

DarleneenteredCharles'spremisesatabout8:40a.m.wearingslip-onshoes.Shewalkedtowardsthe timber table. To do this, she had to cross the divide in the concrete slabs. An object caught her eye, presumablyoneofthegardenorotheritemsforsaleonthetimbertable.Atthatpoint,herrightfoot rolled on the elevation of one concrete slab as it adjoined the adjacent slab. Darlene, a woman then aged 53, fell towards the ground, touching it but then regaining her footing. In the course of this motion, she felt a crack in her right foot. This was later diagnosed as having caused a fracture.

Darlene sued Charles in the Local Court of New South Wales claiming damages for negligence. Using legal principles and rules learned on Negligence, advise Darlene onwhether her case against Charles will be successful. (Maximum – 750 words)

Q3 Corporations Law question (10marks)

AI Solutions Pty Ltd (“AI”) owns 50%of thesharesof GPT Electronics (“GPT Electronics”) Pty Ltd. Last year,AIwascontactedbyBetacomsPtyLtd(“Betacoms”),whichownstheother50%ofAI.Betacoms wanted to invest a large sum of money in GPT Electronics, to allow it to research and develop a potentially valuable software application. The directors of AI atthe time hired a team of consultants, whichincludedasoftwareapplicationsexpert,andinstructedthemtoresearchthetechnicalaspects of the proposed application and future possibilities involving the technology.

The team of consultants worked for three months researching for and writing the report. The report they presented to AI’s directors showed that the proposed investment in the software application couldverylikelyprovesuccessful.JerrySpringerisoneofAI’sdirectors.HeholdsaMasterofComputer Programming degree from a well-known university. Jerry’s fellow directors asked him about the consultants’ positive projections. Jerry told them that the report is accurate. In reality though, some oftheinformationinthereportwasnotwell-researchedandsupportedbyup-to-date data.Asaresult, whenAI’sdirectorsrelyonthereportandinvestthecompany’smoneyinthenewsoftwareapplication, the investment will not be as lucrative as the consultants predicted.

Citing specific Common Law and Corporations Act directors’ duties, critically analyse and discuss whetherthedirectorsofAISolutionsPtyLtd(oranyofthem)breachedtheirdutyofcare?(Maximum

–750 words)

Citation and Referencing Rules

HolmeshasimplementedarevisedHarvardapproachtoreferencing.Thefollowingrulesapply:

1. Reference sources in assignments are limited to sources that provide full-text access for lecturers and markers.
2. In-textCitations

Allassignmentsmustincludein-textcitationstothelistedreferences.Thesemustincludethesurname ofthe author/sornameofthe authoring body,yearofpublication,page numberofthe content, and paragraph where the content can be found. For example, “Thecompany decided to implement an enterprise-wide data warehouse business intelligence strategy (Hawking et al., 2004, p3(4)).”

1. ReferenceList

Thereferencelistmustbelocatedonthelastpageofyoursubmission.Thereferencelistmustinclude the details of all the in-text citations, arranged A-Z alphabetically by author surname with each referencenumbered(1to10,etc.)andeachreferenceMUSTincludeahyperlinktothefulltextofthe cited reference url.

For example:

7.Hawking,P.,McCarthy,B.&Stein,A.2004.SecondWaveERPEducation,Journalof Information Systems Education, Vol … Issue No. … , pages … to … http://jise.org/Volume15/n3/JISEv15n3p327.pdf

1. Non-AdherencetoReferencingRules

Ifstudentsdonotfollowtheaboverules,penaltiesapply:

1. Forstudentswhosubmitassignmentsthatdonotcomplywith allaspectsoftherules,a10% penalty will be applied.
    
2. Ifcitationsare‘fake’,studentswillbereportedforacademicmisconduct.

Marking Rubric : Question No 1

Marking Rubric : Questions 2 and 3