Questions on Contracts: Formation and Contents
1.Is there any enforceable agreements between any of the parties? If so which one or both and what are the terms?
2.Can Essence argue that there is no contract with Boyano because he is a minor?
Questions on Contracts: Validity and Ending
3.Can Essence use the legal principle of either ‘common mistake’ or ‘mutual mistake’ to make any contract between her and Boyano void?
4.Do you believe that there has been a breach of contract by Manolo? If so what type of remedy might be appropriate?
Questions on Agency
5.Can it be argued that Manolo is an agent for his nephew and therefore Boyano is bound by the terms in the subsequent agreement?
Question on Competition and Consumer Law
6.Would the Australian Consumer Law apply to either agreements? Why/why not?
Required:
Please answer any 3 of the above 6 questions.
Please use case law and/or legislation to illustrate your answers.
BFA502 – Business and Corporate Law Assessment Item 1 – Case Study 1 Task Description: Case Study 1 – Apple Juice Agreement Task Length No more than 1500 words – approximately 500 words per question Assessment Criteria: Link to Unit’s LOs: As listed on page 5 in the unit outline and on the attached rubric. Refer to table on page 5 in the unit outline Due Date: Due 12 April at 2pm Value: 20% The Parties: · Essence Crofton · Boyana Alfriston · Manolo Alfriston The Facts: Essence is an apple farmer living in Judbury in Tasmania. She recently employed 17 year old Boyana to pick apples in her orchards. She agrees to pay him $150 per day provided he can pick not less than 2000 kilos a day. On his second day of picking Boyana approaches Essence with the idea of using a proportion of her apples in a mobile juice factory that is owned by his uncle Manolo. Negotiations take place between Manolo and Essence. Essence agrees to provide the apples. Manolo agrees to supply his mobile juice factory and to provide any stock, ingredients or equipment that is necessary to ensure the successful production of apple juice. Following the initial negotiations, the parties prepare a hand written agreement. The terms that are expressed by the parties are as follows: · The supply of 10000 kilos of apples by Essence; · The picking of these apples by Boyana and Essence; · The delivery of the mobile juice factory by Manolo; · Production in the mobile juice factory by all three parties as required; · The sale of the apple juice by Manolo directly from the van, at various markets around Southern Tasmania. · A sharing of profit – 50% to Essence, 40% to Manolo and 10% to Boyana The written agreement is not signed by any of the parties. Essence retains it and puts it in her desk in her office. Boyana spends 10 days picking apples. Essence does not pick as she needs to attend other farming chores. The mobile juice factory arrives on sight and the juicing commences. Manolo has no experience in juice making. The juice that is made by him does not contain the appropriate other ingredients to produce a viable juice product that is safe for human consumption. On a taste test, it becomes apparent that the apples and labour has been wasted. Manolo manages to sell the juice extract to a farmer to feed to his pigs for $1000. It is estimated by Essence that $2000 of apples have been lost. Essence refuses to pay Boyana for picking saying that the subsequent agreement with his uncle superseded the original agreement to pay him a daily rate for picking. Boyano says that he was unaware of Essence’s belief that the second agreement would supersede her agreement to pay him $150 per day for picking, he now seeks payment of $1500 from Essence. You are approached by Essence, she is seeking advice on the following issues: Questions on Contracts: Formation and Contents 1. Is there any enforceable agreements between any of the parties? If so which one or both and what are the terms? 2. Can Essence argue that there is no contract with Boyano because he is a minor? Questions on Contracts: Validity and Ending 3. Can Essence use the legal principle of either ‘common mistake’ or ‘mutual mistake’ to make any contract between her and Boyano void? 4. Do you believe that there has been a breach of contract by Manolo? If so what type of remedy might be appropriate? Questions on Agency 5. Can it be argued that Manolo is an agent for his nephew and therefore Boyano is bound by the terms in the subsequent agreement? Question on Competition and Consumer Law 6. Would the Australian Consumer Law apply to either agreements? Why/why not? Required: Please answer any 3 of the above 6 questions. Please use case law and/or legislation to illustrate your answers. Please prepare your answers in report format, in any way that informs Essence of her legal obligations and/or rights that have arisen as a result of the above scenario. The use of a mind map or some diagram to illustrate the essential legal aspects in the facts would be a beneficial addition to the introduction of the report but the inclusion of such a diagram is not compulsory. Simone Bingham UC – BAA215 March 2018 RUBRIC BFA1AA – Assessment Task 1 – Case Study 1 CRITERIA HD (High Distinction) DN (Distinction) CR (Credit) PP (Pass) NN (Fail) LO 1 Explain business and corporate law principles and critique its application. Explain the different sources of Australian law and how those laws are used. Full and comprehensive explanation with excellent identification of sources of law and how these are used Comprehensive explanation with excellent identification of sources of law and how these are used Good explanation and identification of sources of law and how these are used Some identification and explanation of how the sources of law can be used Minimal demonstration of understanding of this learning outcome Describe and explain business and corporate law concepts and principles. Full and comprehensive demonstration of understanding of business and corporate law concepts and principles Comprehensive demonstration of understanding of business and corporate law concepts and principles A good demonstration of understanding of business and corporate law concepts and principles Some evidence of the understanding of business and corporate law concepts and principles Minimal demonstration of understanding of this learning outcome Explain legislation and the common law and critique how it can used to answer legal problems An excellent understanding of how the law can be used to answer legal problems A good understanding of how the law can be used to answer legal problems Some understanding of the how the law can be used to answer legal problems Minimal demonstration of understanding of this learning outcome LO 2 Apply business and corporate law to authentic legal situations Apply basic legal problem solving techniques and legal rules to case studies to provide advice using legal reasoning, judgement, rules and sources Excellent ability to apply legal problem solving techniques and legal rules to provide advice. Included is an excellent ability to use legal reasoning, judgement and appropriate rules and legal sources Effective application of legal problem solving techniques and legal rules to provide advice. Included is a good ability to use legal reasoning, judgement and appropriate rules and legal sources Minimal demonstration of understanding of this learning outcome Research academic articles, business and corporate law web pages and other material to inform and assist in resolving complex authentic business law and corporate legal situation A comprehensive use of appropriate academic articles, business and corporate law web pages and other material to inform and assist in resolving complex authentic business law and corporate legal situation Good use of appropriate academic articles, business and corporate law web pages and other material to inform and assist in resolving complex authentic business law and corporate legal situation Minimal demonstration of understanding of this learning outcome Analyse and explain how either/or business and corporate law impacts on the legal rights and obligations of business people and the stakeholders in a company A comprehensive and in-depth analysis of the impact of law on the rights of business people and company stakeholders A good an analysis and consideration of the impact of law on the rights of business people and company stakeholders Minimal demonstration of understanding of this learning outcome LO 3 Present advice in oral and written forms on authentic business and corporate law case studies Communicate written advice in the appropriate for, including in report format as applicable for the recipient business person or stakeholder An excellent ability to communicate written advice in the appropriate format for the relevant audience A good ability to communicate written advice in the appropriate format for the relevant audience Minimal demonstration of understanding of learning outcome Present legal arguments to a diverse audience/ various stakeholders to justify decisions An excellent ability to present legal arguments to a diverse audience to justify the decision/ advice provided Adequate ability to present legal arguments to a diverse audience to justify the decision/ advice provided Minimal demonstration of understanding of learning outcome