TPB503TA - Written assessment with Supervision v1.2
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School
Charles Darwin University *
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Course
TPB503
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
5
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TPB503TA – Written assessment with Supervision
Assessment cover sheet
In order for your assessment to be marked you must complete and upload all tasks
and
this cover sheet via the
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Your assessment tasks must be uploaded in an electronic format i.e. Word, Excel, PDF
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Student details
Course name
TPB503TA
Contract and Consumer Law
Assessment name
TPB503TA – Written assessment with Supervision
Student name
I certify that this work is my own, that I have not duplicated the information from another source. I also state that I
have referenced appropriately all information that I have gathered from other sources.
I understand that plagiarism is a form of cheating. It is taking and using someone else's thoughts, writings or
inventions and representing them as my own. I also understand that Plagiarism is a serious act and may result in a
student’s exclusion from a module or a course.
Checklist of attachments:
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Task 1 – Research
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Task 2 – Research
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Task 3 – Case Study
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Task 4 – Case Study
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Task 5 – Case Study
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Task 6 – Case Study
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Task 7 – Research
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Task 8 – Case Study
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Task 9 – Research
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Task 10 – Research
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Assessment V1.2
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TPB503TA – Written assessment with Supervision
TPB503TA – Written assessment with Supervision
Task 1: Reseach
A business agreement was drawn up between the parties, containing a clause which specifically stated there was no
intention to create a legally binding agreement and that it was merely a record of the express thoughts of the parties
concerned. In summary, the written understanding between them was not entered into as a legal agreement but was
merely an honourable pledge based on mutual loyalty and friendly co-operation. One of the parties then used the
agreement as the basis for a breach of contract action.
Explain whether an intention to create legal relations existed.
Task 2: Research
Identify the main branches of law which are of most concern and relevance to people engaged in business and
explain the reason for your selections.
Task 3: Case study
James sold his 1965 e-type jaguar car to Shirley for $18,500. During the negotiations James claimed that the car was
actually a 1963 model, which were rarer, and therefore more valuable.
Shirley, who was 17 at the time of purchase, bought the car on the understanding it was the 1963 model.
Are all the elements of a valid contract present? Explain your answer.
Task 4: Case study
Harris chose and paid for a 4-man tent from Smith’s Camping Equipment Co. Harris asked Smith, whose store closed
at 6pm, to leave the tent outside the store front door, so he could pick it up about 6.15pm. Smith asked a café owner
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Assessment V1.2
TPB503TA – Written assessment with Supervision
opposite the front door to watch over the tent. However, it was stolen at about 6.10 pm when the café owner was
talking to one of his customers.
Harris wants to claim the purchase price from Smith.
Explain who, if anyone, is liable for the loss and why.
Activity 5: Case study
Arthur owns a property with a large back yard that is usually lit at night by bright floodlights. For months he has been
asking local teenagers to stop using his yard as a “short-cut” to the bus stop, but they continue to ignore him.
Arthur decides to install an in-ground swimming pool. Last Saturday night, after the pool contractor has spent the day
excavating a large hole, Arthur decided not to switch on the floodlights. At 11 pm, one of the teenagers, Gerry, fell
into the hole and suffered serious injuries.
Explain whether Arthur is likely to be liable in negligence.
Task 6: Case study
Harriet went to Maurice’s computer shop for the first time and left her expensive laptop computer to be cleaned and
upgraded. The shop was burgled, despite Maurice’s extensive security measures.
Maurice is a sole trader and does not have any insurance to cover the theft. He draws Harriet’s attention to a small
sign in a dimly lit corner of the shop which says,
“No liability accepted”.
Additionally, Maurice has an exclusion clause printed in small letters on the back of the receipt for the laptop. It
states (in legal terms copied from the internet) that he will not be liable for loss or damage to goods left for service or
repair under any circumstances.
Discuss, giving your reasons, if Harriet will succeed in gaining compensation from Maurice for the lost laptop.
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TPB503TA – Written assessment with Supervision
Task 7: Research
The sales manager at Harry’s Used Cars Pty. Ltd. advertised a 2013 Holden Calais “in excellent condition” for $10,500.
The advertisement also stated that a number of “good quality” cars were being sold for prices ranging from $8,000 -
$16,000.
In fact, the Calais advertised at $10,500 required considerable body repairs and a complete paint job, and the next
cheapest car was priced at $14,000.
Identify and explain which provisions of the Competition and Consumer Act 2010 have been breached.
Task 8: Case study
Thomas, a salesman, enters Jimmy’s yard even though there is a sign outside that says, “No salespeople allowed”.
Jimmy, who is much smaller than Thomas, threatens him with a broom handle. Thomas wrestles with Jimmy and in
the process damages a valuable antique chair on the front porch.
Advise each party of their legal rights.
Task 9: Research
Explain the term “strict liability tort” and provide an example.
Task 10: Research
Explain the main functions and powers of the Australian Competition and Consumer Commission (ACCC).
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