Course Code and Title LAW2000: Business Law Assessment Case study assignment Torrens University Australia
- 1. Explain what the law is and the role that the law plays in wider society and in the business environment
- 3. Identify the role of contract law in business activity and explain the elements needed to create and enforce a valid contract
- 4. Define an agency relationship and explain the legal implications of such a relationship
- 5. Identify and define the different types of property including intellectual property and analyse the importance to business of such property and how the law protects such property
Why are you doing in this assignment?
In this assignment students will demonstrate their understanding and application of the key steps in the formula for answering case study questions. The case study questions reflect real life legal problems.
This assignment consists of five case study questions. A fact scenario is provided and your task is to identify the legal issues that arise in the case studies, state the law, apply the law to the facts of the case study and reach a conclusion. The conclusion that you reach will be the advice that you can provide to the participants in the case study.
The following substantive areas of law will be dealt with in the Assignment – they comprise the content of Modules 2 – 8 of this subject:
- Contract law
- The law of agency
- Property law – both real property and intellectual property.
What is involved?
This written assignment should comprise no more than 2000 words. You will be required to apply a formula for answering case study questions. There is a Flow Chart that shows the steps involved in this formula. There is also a narrated Powerpoint presentation that summarises the key steps in the formula:
- Identify the area of law that requires discussion.
- Identify the key legal issue or issues in the case study.
- State the applicable law.
- Apply the law to the facts of the case study.
- Reach a conclusion – this will involve advising the parties in the case study.
How would this assignment be used in the workplace?
The Case Studies that you will consider are all examples of legal disputes that could arise in the real world. Working in the commercial world it is likely that you will be confronted with such scenarios. Completing the Case Studies will provide you with practice in applying the law to real word examples.
Read the facts of each Case Study carefully.
Identify the area of law that requires discussion e.g. contract law.
Perceive the real issue in the Case Study for instance Is there an understanding? Has an assention been broken? Thus forthExpress the law. If you are communicating a genuine guideline that begins from case law express the case and the reference that you are using as power for the legal standard. In case you are relying upon a goals for legal authority, express the region number and name of the standard that is material.
Jennifer developed 25 years is essentially the granddaughter of Betty who lives without any other person in Mount Gambier. Jennifer has as of late completed a degree in Psychology at the University of South Australia. Betty ensures Jennifer that in case she leaves Adelaide and moves to Mount Gambier to live with her she will move her home into Jennifer’s name. Jennifer relinquishes her mum and father, sweetheart and an occupation she held at the Service to Youth Council. She gets in contact in Mount Gambier and can’t find any fill in as a specialist yet she secures work low upkeep as a server in a bistro. Betty refu ses to regard her assurance with respect to trading the house to Jennifer who needs to sue her grandmother for break of understanding. Admonish Jennifer.
On 1 February 2015 Sanche writes to Richard offering to move him his 1974 Holden Monaro for $60,000, ‘the off er will remain open until 5pm on 3 February 2015’. Richard gets the letter at 10 am on 3 February and endeavors expeditiously to phone Sanche. He doesn’t answer and Richard leaves a message on his Message Bank saying he was enthused about buying the Monaro b ut was simply prepared to pay $55,000. At 10.30 am a comparable morning, Richard adjusts his feeling about the sum he is glad to pay for the vehicle. He sends an email to Sanche saying, ‘Rejection, my earlier phone message. I recognize your offer to move your 1974 Mona ro vehicle for $60,000’. Sanche does not peruse his email at all on the 3 February anyway checks his phone Message Bank. He checks out the voice message from Richard and instantly pitches the oil to Bradley who he has moreover been counseling with. On 4 February at 9 am he opens his messages and scrutinizes Richard’s message. Urge the social events.
Kevin is a traditional trader. He picks Ravi to move furniture for the good of he. Something Kevin needs sold is a twelve seater oak eating table. He teaches Ravi that he won’t recognize under $7,000 for the table. Ravi places a business in an adjacent paper publicizing the table for $7,000. Theresa responds to the business. She has starting late redone a period home and the table would be perfect for the forma l relax zone. Theresa offers Ravi $6,500 which Ravi in a flash recognizes. From the begin, Theresa is clueless that Kevin is the owner of the table. When she takes movement of the table there is colossal scratch on the most noteworthy purpose of the table. Theresa is furious and admonishes R avi that she needn’t bother with the table since it isn’t in the condition it was in when she surveyed it as of now. Ravi prompts her that it isn’t his worry since he isn’t the owner of the table. Admonish the social affairs.
Trevor frames music on his PC using an item program called ‘Sibelius’. He at times plays music he has made to his partners already they are released accessible to be bought. After Trevor has made music he sends it to a distributer who moves it in Europe . Trevor plays an unreleased piece to a social event of friends including Declan. In the wake of hearing this sythesis, Declan returns home and makes a piece out of music that sounds in every practical sense indistinct to Trevor’s, particularly the tune. Declan then sends it to a distributer who releases a CD in Europe. It is a gigantic hit and Declan makes a ton of money from CD bargains. Trevor is incensed and points the finger at Declan for taking his piece. Incite the social affairs.
Clare keeps up an extraordinarily compelling hairdressing business on Unley Road in Adelaide. It has taken her five years to build up the business. She moves the business and goes into an assention of offer with Maddie. There is a condition in the understanding that communicates that: ‘Clare won’t for a period of ten years fr om the date of this assention set up any business in Adelaide’. The understanding of offer is done and Maddie accept power over the business. Clare needs to work another business and opens a bistro on King William Road, Hyde Park. Around one year in the wake of moving her hairdressing business she opens her new bistro. A huge amount of her old customers are directly regulars at the new bistro. Maddie is stunned and ensures that Clare is in burst of her understanding for the freedom of the hairdressing business. Admonish the social occasions.
Shows an ability to recognize lawful issues from a lot of certainties
Shows information and comprehension of substantive regions of law including contract, organization and property law
Demonstrates a capacity state lawful standards upheld by proper legitimate specialist
Shows an ability to apply lawful standards to the realities of a contextual analysis.
Addresses General appraisal criteria:
demonstrates a complex comprehension of the key issues
shows an ability to clarify and apply pertinent ideas
indicates proof of perusing past the key perusing
legitimizes any ends came to with well – shaped contentions not just declaration
gives an end or synopsis
utilization of scholastic composition and introduction and language structure:
agrees to ordinary scholastic gauges of neatness, referencing and bibliographical subtleties (counting reference list).
is composed obviously with precise spelling, punctuation and sentence and passage development
fitting reference and referencing utilized (utilizing Australian Legal Citation Guide )
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