Question 1 (7 marks)In the court case Donoghue v Stevenson [1932] AC 562, explain why Donoghue sued...

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Question 1  (7 marks)In the court case	Donoghue v Stevenson	[1932] AC 562, explain why Donoghue sued in	tort	and not under	contract law.	(Word limit: Maximum 200 words)		ANSWER: ** Answer b	ox will enlarge as you type			Question 2  (7 marks)List at least four (4) factors that the High Court of Australia would consider in trying to determine whether the parties intended an agreement to be			legally binding	. Explain differences in how courts view	commercial	or		business agreements	as compared to	non-commercial agreements.	(Word limit: Maximum 250 words)	ANSWER:			Question 3   (7 marks)Under what circumstances will an apparent			invitation to treat situation		become an offer? 	(Word limit: Maximum 250 words)		ANSWER:					Question 4  (7 marks)	Name the four (4) key concepts underlying	insurance law. From the four (4) key concepts you have provided, provide a brief explanation of one (1) key concept underlying insurance law.	(Word limit: Maximum 150 words)		ANSWER:			Question 5  (11 marks)		Mozart, aged 13, is a piano virtuoso. He has signed a four (4) year contract with	Beethoven	to learn specific piano techniques to improve his skills. The terms of the contract stated that:a. Beethoven would teach Mozart piano	free of charge;b. During the four (4) year period, Mozart could not accept performance engagements for the piano other than those under Beethoven; andc. Beethoven would employ Mozart to perform on stage for at least two (2) paid performances per year.Mozart accepted a performance engagement from	Johann, to highlight his skills on the violin, as his income from Beethoven’s employment was insufficient for his support. As a result, Beethoven now wishes	to sue Mozart for breach of contract. 	Required:Advise Beethoven.		Note:	You must answer question using	IRAC method	and the principles of	Australian contract law.	(Word limit: Maximum 500 words)		ANSWER:				Question 6  (11 marks)Clare bought a second-hand car from Canberra Bargain Hunters for $7,000 and spent a further $1,000 on having it overhauled. After using the car for five (5) months, the Canberra police arrived at her home one day and asked to examine the car. They discovered it had been stolen and seized it from her. It was eventually returned to its’ true owner. 	Required:Advise Clare of her rights, if any, under Australian Consumer Law (ACL) against Canberra Bargain Hunters.	Note:	You must answer this question using the IRAC method according to Australian Consumer Law (ACL). 		Note: Do not answer this question using contract law principles	as you will not receive any marks if you use contract law principles for this question.	(Word limit for Question 6: Maximum 400 words)		ANSWER:

Jose · Accepted Answer

The University of Queensland
Running Head : Management 
1
Management  
Business Law 
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 Question 1
The case of Donoghue v Stevenson is crucial in determining when there is a duty of care in negligence. The existence of a duty of care due by the defendant to the complainant is the first and most important ingredient; without it, no cause of action can be brought. This case can be regarded to have had a significant impact on the history and development of the tort of negligence (Castle 2003). From case we can understand that Donoghue sued in tort and not under contract law, to begin with, As per the court of law, if the negligence creates any damage or injury to the parties involved in the contract it can be considered a tort. The party who is affected can sue the other based on the available evidence.  Previously, the plaintiff had to show some contractual arrangement, such as a sale of an object or an agreement to provide a service, in order to establish negligence. The case established that producers had a duty of care to the end users or customers of their products. “A manufacturer of things, which he sells to reach the ultimate consumer in the form in which they left him owes a responsibility to the consumer to take reasonable care,” Question 2    
The most important aspect related with an legal contract is agreement, agreement mainly involves two aspects, offer and acceptance. The parties involved in the contract has to enter in to contract by signing the agreement (Peel et al 2007). The second factor is consideration; consideration in simple sense can be called as consideration. The parties involved in contract has to agrees to receive a reasonable consideration. The third factor is capacity of the parties involved in contract. A contract can only exist if both parties are contractually capable. Certain individuals and groups of individuals lack the legal capacity to form contracts, which means that the contracts they form are usually unenforceable against them. The fourth factor is intention to create a legal relationship, for the contract to became valid, it has the intention to develop legal relationship with the parties. Legal relationship can be called as the most important aspect that is related to the contract. 
Courts consider commercial and business agreements in terms of monetary aspects and in the case of non-commercial agreements the court the considered the non-monetary aspects. Compared to non-commercial agreements it is not easy to find a solution for business agreements. 
Question 3 
When there is an offer, acceptance, consideration, and the purpose to create a legal relationship, a contract is formed. An invitation to treat, on the other hand, is simply a request for a proposal. An offer expresses a desire to enter into a contract,

Question 1 (7 marks) In the court case Donoghue v Stevenson [1932] AC 562, explain why Donoghue sued in tort and not under contract law . (Word limit: Maximum 200 words) ANSWER: ** Answer b ox will...

Answer To: Question 1 (7 marks) In the court case Donoghue v Stevenson [1932] AC 562, explain why Donoghue...

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