We recommend a minimum total of TEN statute and case references per question. Work that includes sources that are not properly referenced according to the “Harvard Referencing Workbook” will be penalised. Question One: 10% 800 words Answers must be supported by case and statute references. You need to closely consider Chapters 6, 7, 8, where relevant.
Angela enters into negotiations with Jessica to purchase her restaurant. During their discussions, Angela asks Jessica what are the annual profits of the restaurant. Jessica tells her that ‘the restaurant has been making $10,000 per year in profits’. She hands her a box of papers and says ‘Here are the accounts, you can check for yourself if you like’.
Angela trusts Jessica and only checks the accounts for 2007, which do show profits of $10,000. Relying on what she has told them, Angela decides to purchase the business. However, after a few months, when business is very slow, she has another look at the accounts and realises that the business has only been making $2,000 per year for the last 5 years (since 2008).
Advise Angela of her common law rights.
Questions two: 15% 1200 words Answers must be supported by case and statute references. You need to closely consider Chapters 5,
Sandra Smith purchased a carton of cola from her local corner store. The following week, on a very hot day her husband, Andy, took a can from the refrigerator and drank it. He became violently ill and was rushed to hospital where he remained for three days. On closer inspection of the contents of the can it was found to contain the remains of a cockroach. The family faced large medical expenses, a problem exacerbated because neither parent could work in their casual jobs for a week.
The corner store has gone out of business due to bankruptcy and the family wishes to sue the Australian manufacturer, Acme Cola Company Ltd. Advise the Smiths as to their chances if they were to sue Acme for negligence.
References must follow the Harvard referencing style. Refer to the Academic Learning Skills handout on Report writing. Please see Academic Learning skills staff for assistance with this, or any assignment.
Marks will be deducted for late submission - 5% deduction per calendar day late, of the total mark is applicable. However, consideration may be offered only under medical ground or other extenuating circumstances. You must provide appropriate supporting documentation for consideration.
Please be aware that any assessments submitted in formats other than Microsoft Word will be considered LATE and will lose marks until it is presented in Word format.
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Marking guide (rubric):
Your question answers would be marked on the basis of the following marking guideline. It is very important to connect your answers to key legal concepts and to support them with case and statute references.
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