LAW 201: BUSINESS LAW
INDIVIDUAL ASSIGNMENT – AUGUST 2012
This course is assessed by assignments which contribute 20% of the overall allocation of marks. The assignment consists of TWO (2) questions.
Students are required to answer all questions.
This assignment is intended as INDIVIDUAL work.
Assignment to be submitted ON OR BEFORE 15 APRIL 2013.
Diana Desgins is an interior decorating company. Diana is the chief designer and has entered into a contract to decorate the main entrance of the Lakeside Hotel in Sydney for $ 30,000. Five events are set out below. Discuss whether the contract has been lawfully discharge.
a) Bothe parties agree to call the contract off before Diana Designs has started any design work.
b) Diana begins work but does not want to finish the job as she wishes to immediately start work on a project for a higher paying client. Lakeside Hotel does not agree to release her from the contract.
c) Diana completes the first stage of the contracted design work, but is involved in a serous car accident, is hospitalised and will not be fit to return to work for a period of 3 months.
d) Diana Designs completes the first stage of the contracted design work. In reliance on the agreed design, Lakeside Hotel purchases fixtures and fittings from an independent supplier for $10,000. Shortly after, Diana has a serious disagreement with her partner over her management of the work. Diana walks off site and vows not to return.
e) Diana Design completes the contracted design work, but Lakeside Hotel only pays $23,000, instead of the $30,000. (50 marks)
“A statute has to be interpreted before it can be applied. There are a number of aids to assist in interpretation of a statute.” Discuss. (50 marks)
Students are required to attempt this case study by applying the following guidelines:
identify the relevant legal issues
apply the legal principles from cases or statute
develop legal arguments from these principles
arrive at a considered conclusion.
Generally the students are awarded marks on their ability to figure out the appropriate laws particularly within the scope of discharge of the contract in governing the situation and demonstrate the relevancy of the selected laws to the given situation. Students need to provide the relevant statutory provisions and case laws to support their arguments. This exercise would provide the students with a rich understanding on the functions of terms in governing a contractual relationship.
Students are required to reflect on the position of the courts to resolve on the matter of interpretation of statute. It is expected that the students are able to analyse whether judges are required to restrict themselves on common law rules of statutory interpretation. Students are required to analyse with the support of relevant legal provisions and case laws.
Front Page - Cover page without plastic cover.
Page 2 - Table of Contents.
Page 3 - Introduction
Page 4 - Content
2nd last page – bibliography.
Last Page – Hardcover.
Use Times New Roman, 12 normal