TPB503TA - Written assessment with Supervision v1.2

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Charles Darwin University *

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TPB503

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Law

Date

Jan 9, 2024

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docx

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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 AAMC Training Group portal. Your assessment tasks must be uploaded in an electronic format i.e. Word, Excel, PDF or Scan. A maximum of five (5) attachments (maximum 20MB each) can be uploaded for this assessment. Please see the step-by-step instructions in your Member Area on how to upload assessments. 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: Task 1 – Research Task 2 – Research Task 3 – Case Study Task 4 – Case Study Task 5 – Case Study Task 6 – Case Study Task 7 – Research Task 8 – Case Study Task 9 – Research Task 10 – Research Once your assessment has been uploaded it will be pending review with your nominated course assessor and marked within 5-10 working days. You will receive an email advising you have been marked as “satisfactory” or “additional information required”. If you have queries relating specifically to your assessment please log an ‘ Assessment Query ’ under the HELP tab on your Members Area dashboard and a Student Support officer will respond. Alternatively, if you have an administration query please go to ‘ Admin Query ’. For example: I am having trouble with uploading my assessments and require assistance – can you please help me with this? Should you need to speak to someone during office hours, please contact us by: Phone: +61 (03) 9391 3643 / +61 (0)8 9344 4088 OR Email: info@aamctraining.edu.au Assessment V1.2 © AAMC Training Group A1
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 A 2 © AAMC Training Group 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. Assessment V1.2 © AAMC Training Group A3
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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). A 4 © AAMC Training Group Assessment V1.2
TPB503TA – Written assessment with Supervision Assessment V1.2 © AAMC Training Group A5