Page 1 XXXXXXXXXXKaplan Business School Assessment Outline Assessment 2 Information Subject Code: BUS107 Subject Name: Commercial Law Assessment Title: Assignment Assessment Type: Assignment Choose an...

The first document is the assignment requirement, and the second is the format I need.

Page 1 Kaplan Business School Assessment Outline Assessment 2 Information Subject Code: BUS107 Subject Name: Commercial Law Assessment Title: Assignment Assessment Type: Assignment Choose an item.: 1,200 Words (+/-10%) Weighting: 40 % Total Marks: 40 Submission: Via Turnitin Due Date: Week 10 . Assessment Description • There will be a webinar to assist you with preparing this assignment. Watch out for the webinar time and date details to be posted in the Subject Announcements. • This assignment covers the Law of Torts (Week 5). • You will need to identify the issues in the question, cite the relevant rules applicable to the issues, explain the application of the rules to the facts/situation in the problem and draw a conclusion as to the best advice for the person/s you are providing advice (IRAC). Assessment Problem Based Question Peter is a real estate developer. He develops residential apartment complexes in the Wollongong local area. He purchases a large block of land for $2 million and plans to build a large apartment complex on the block at a considerable profit. But Wollongong Council denies his development application on the basis of a road widening proposal that will substantially reduce the size of the block. This road widening proposal reduces the value of the block of Peter’s land to $1 million. Peter reads the council certificate he obtained from Wollongong Council. If the block of land had been subject to a road widening proposal then it should have been disclosed by Wollongong Council in the certificate. There is no such disclosure in the certificate. As Peter didn’t bother to read the certificate before he purchased the land, he is relieved to find the council has made this mistake. He secretly knows that if Wollongong Council had been careful and included the road widening disclosure in the certificate, he would not have seen it and gone ahead with the land purchase anyway. Peter now wants to sue Wollongong Council in negligence for economic loss. Wollongong Council claims that negligence only applies to physical actions, not written words, and is only applicable to physical damage to people or their property, not economic loss. Advise Peter. Page 2 Kaplan Business School Assessment Outline Important Study Information Academic Integrity Policy KBS values academic integrity. All students must understand the meaning and consequences of cheating, plagiarism and other academic offences under the Academic Integrity and Conduct Policy. What is academic integrity and misconduct? What are the penalties for academic misconduct? What are the late penalties? How can I appeal my grade? Click here for answers to these questions: http://www.kbs.edu.au/current-students/student-policies/. Word Limits for Written Assessments Submissions that exceed the word limit by more than 10% will cease to be marked from the point at which that limit is exceeded. Study Assistance Students may seek study assistance from their local Academic Learning Advisor or refer to the resources on the MyKBS Academic Success Centre page. Click here for this information. http://www.kbs.edu.au/current-students/student-policies/ https://elearning.kbs.edu.au/course/view.php?id=1481 Microsoft PowerPoint - BUS107_T2_2018_Tutorial_08_v1 4/07/2018 1 Consumer Protection Tutorial Eight BUS107 Commercial Law Melissa purchased a swimming pool from a sales representative named Grant from a company called Westside Pools. She paid $50,000. The pool has a number of problems and Melissa wants a refund. Grant has told Melissa that she does not meet the definition of a consumer under the Australian Consumer Law (ACL) and is not entitled to consumer law protections. Question 1 Advise Melissa whether or not she meets the definition of a consumer under the ACL Issue Grant has told Melissa that she has no rights under the law because she does not fit the definition of a consumer. Rule Consumer protection legislation addresses the inequality between sellers of goods and services and their consumers by prohibiting sellers from taking advantage of consumers. Consumer protection legislation in Australia is called Australian Consumer Law (ACL). A consumer is a person if they buy goods or services for no more than $40,000 unless the goods or services are normally purchased for personal, domestic, or household use: see s.3 ACL Application Melissa has purchased a swimming pool for more than $40,000 but a swimming pool is normally purchased for personal, domestic, or household use. Melissa is a consumer as defined by the ACL. Conclusion Grant is wrong. Melissa is a consumer and is entitled to protection under the ACL. Question 1 4/07/2018 2 Westside Pools advertised on their website that that they sell brand new pools. But the pool they sold to Melissa was second hand. Question 2 Advise Melissa whether or not Westside Pools have engaged in misleading and deceptive conduct Issue Westside Pools are advertising on their website that the pools they are selling are new when they are not. Rule It is against the law to mislead or deceive consumers: see s.18 ACL. You can mislead and deceive consumers by saying something is new when it is not: see Annand and Thompson Pty Ltd v Trade Practices Commission. The basic test is whether the conduct would mislead or deceive an ordinary person. Consider the market for the good and determine whether an ordinary person from that market would be misled or deceived: see Campomar Sociedad, Limitada v Nike International Ltd Question 2 Application Westside Pools are advertising the pools as new when they are not. The market for the pool would most likely consist of men and women aged between 20 and 40 with young children. It is probable that an ordinary person from this market would be misled and deceived by such advertising. Conclusion Westside Pools have engaged in misleading and deceptive conduct. Question 2 cont. 4/07/2018 3 The pool that Westside Pools sold Melissa does not match the photographs and description of the pools advertised for sale on the Westside Pools website. Question 3 Advise Melissa whether or not Westside Pools have breached any statutory guarantees under the ACL Issue The pool that Melissa purchased does not correspond to the description given on the company’s website. Rule Statutory guarantees are a specific kind of consumer protection that help to ensure consumers get what they pay for. They cannot be excluded by agreement. Statutory guarantees for goods include guarantees regarding acceptable quality of the goods, fitness for any disclosed purpose, and correspondence with description or sample: see s.54-57 ACL Application Westside Pool’s advertising describes a different pool to the one they sold Melissa. The good does not correspond with its description. Conclusion Westside Pools have breached their statutory guarantee that their pools correspond with the description in their advertising. Melissa is protected by this guarantee. Question 3 The pool that Westside Pools sold Melissa contains a potty style skimmer box that was banned by the ACCC in February 2011. Question 4 Advise Melissa what she should do about the potty style skimmer box 4/07/2018 4 Issue Westside Pools have sold Melissa a pool with an unsafe design feature. Rule Bans, standards, and recalls are all methods used to ensure consumers are protected from unsafe products: see Pt 3-3 ACL The ACCC permanently banned the supply of portable pools with unsafe design features such as uncovered potty skimmers on 1 February 2011. Application Westside Pools have acted contrary to the permanent ban imposed by the ACCC. Conclusion Melissa should report the activities of Westside Pools to the ACCC. Question 4