Commercial and Corporations Legal Law School of Law

Commercial and Corporations Legal Law School of Law

Commercial and Corporations Legal Law School of Law Instructions

Students are reminded that there are two compulsory assignments in LEGL601. Each assignment will be marked out of 25.

This is the first assignment, being an individual assignment.

Commercial and Corporations Legal Law School of Law
Commercial and Corporations Legal Law School of Law

All assignments must be typed in Arial, size 11, 1½ spacing, justified (align to both left and right), have the standard cover sheet and be signed by the student(s) stating that the work is original.

While referencing sources used for this assignment, you must follow the Australian Guide to Legal Citation (AGLC) (the footnote system).

The maximum length for this assignment is 1,000 words.

Commercial and Corporations Legal Law School of Law

Students must submit this assignment no later than Week 5, Turnitin. Penalties will be imposed for late submission without prior permission.

Question 1 (8 marks)

This question is from page 188 of the prescribed textbook (exercise 5.2).

Johnny wishes to purchase a new MP3 player. He visits BJ Hi-Fi and checks out the range of MP3 players they have available.

One particular model, the Orange ePod, is on sale: there is a small stack of ePods under a sign that states: ‘Special offer! Only $100’. Johnny says to himself, ‘Well, that’s an offer that is too good to refuse’, and takes one from the stack.

He takes the ePod to the counter, hands it to the cashier, and says ‘I’ll take this’. He then remembers seeing ePods on sale for $90 at another store. He says to the cashier, ‘I’m sorry, I’ve changed my mind’.

The cashier responds, ‘No, I’m sorry, I’m afraid it’s too late. You have to buy this now. You are legally committed.’ Is the cashier correct? Is there an enforceable agreement?

(Please focus upon whether or not there is an agreement between Johnny and BJ Hi-Fi.)

Commercial and Corporations Legal Law School of Law Question 2 (8 marks)

This question is from page 221 of the prescribed textbook (exercise 6.2).

Ash’s mother Shashi wants to buy a shopping cart that will be suitable for carrying her weekly groceries home from the supermarket.

She goes to a shop owned by Neville that specializes in the sale of shopping carts. Shashi tells Neville what she wants and asks for advice about which cart to buy.

Neville recommends the Shopper Ultra model that sells for $150.00, but when Shashi asks about the Shopper Basic, which sells for only $49.95, Neville tells Shashi that it is ‘not as good, but should be adequate’. Shashi buys the Shopper Basic.

A few weeks later, she is unhappy because after using the cart to carry a stack of books back from the library, the fabric of the cart has started to tear. Has Neville breached the statutory implied term regarding fitness for purpose?

Question 3 (9 marks)

This question is from page 221 of the prescribed textbook (exercise 6.4).

Commercial and Corporations Legal Law School of Law Page 1 of 2

Ash has purchased a first-class ticket for her flight to Sydney entitling her to use of the Kwantus Club lounge at the airport while waiting for a flight.

While Ash is getting a drink from the bar, a waiter carelessly spills a tray of drinks onto Ash’s expensive laptop, which she left on her seat.

When she complains to the club manager, he directs Ash’s attention to a sign on the wall that states ‘The airline takes no responsibility whatsoever for goods lost, damaged or stolen while using these facilities’. Do the sign prevent Ash from suing the airline for compensation?

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