Word Count - 2000
APA Style
Period - 48 hours
I ll attached the assignment for your reference.
All the assignment criteria should be accomplish.
Word limit: Between 1500 to 2000 words [word limit is for content only and exclude footnotes, references or bibliography] Weighting: 40% Due date: 23.59 AEDT Sunday 27 September 2023 (End of Week 8) Assignment overview The purpose of this assessment task is for you to independently research the relevant legal issues and legal area and write an answer for the question below. Relevant learning outcomes This task is assessing your ability to demonstrate that you meet the criteria for the following unit learning outcomes: 1. analyse and apply a range of legal concepts relating to contract law, drawing both from common law and statute law 2. apply critical thinking and analytical skills when applying legal concepts and principles in the conduct of businesses and entrepreneurial activities 3. construct coherent and logical legal arguments and communicate them effectively. NB: · Answers must be based on Australian laws. Any answers that are based on laws from another country or jurisdiction will attract a fail mark unless they are used as a comparison or to extrapolate perspectives from another legal jurisdiction with Australian laws. However, all cases that have been referred to in the study materials or in any Australian law textbook may be used. · Case law must be used to support your arguments otherwise your answer is merely an unsubstantiated opinion. Assignment details Late Submissions: Unless an extension has been approved, late submissions will result in a penalty. You will be penalised 10% of the assessment’s worth for each calendar day the task is late, up to a maximum of 5 days. After 5 days, a zero result will be recorded for the respective assessment. Extension: Any extension request must be made prior to the due date and supported by documented reasons. Extensions can only be given once and up to a maximum of 7 days. Any extension request beyond this period (7 days) will need to be processed via the University’s Special Consideration procedure. Format: The assignment must be typewritten and comply with the following: · Double-spaced in Times New Roman font size 12 · You may use default left and right margins on Microsoft Word · To avoid plagiarism, you are required to provide a reference whenever you include information from other sources in your work and in the case of case law, there is a need to provide the case citation. Further details regarding plagiarism are available in Section C of the Unit Outline. Referencing conventions required for this unit must comply with either the APA 7th Edition Style Guide or the Australian Guide to Legal Citation (4th Edition). Helpful information on either of these referencing styles can be found at https://www.swinburne.edu.au/library/search/referencing-guides/apa-style-guide/Links to an external site. or https://www.swinburne.edu.au/library/referencing/aglc4/Links to an external site. · Bibliography/Summary of References There are additional textbook resources that students can refer to from library (an indicative list of the relevant etextbooks have been provided in Modules), including assignment and IRAC/ILAC writing guidelines. These are available on: E-Textbooks and Legal Writing Guide. Additional resources pertaining to the Australian Consumer Law: (1) Legislation (http://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/toc-sch2.htmlLinks to an external site.); (2) book (https://ebookcentral.proquest.com/lib/swin/detail.action?docID=6222662Links to an external site.) - look at chapter 3 on misleading and deceptive conduct. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Assignment Problem Question Aaron and Margo are a recently retired couple and have always wanted to do some travelling after their retirement. They have never travelled outside Victoria before. As they are travel novices, they have decided to visit their local travel agent, Aussie Holidays Pty Ltd (AH), to plan their first post-retirement holiday. In their discussion with AH, they expressed their desire for a relaxing vacation with access to a beautiful beach, golfing facilities, and water skiing. The manager of AH, Matt, eager to make a sale, recommended a picturesque island resort named Paradise Haven, located off the far north Queensland coast. Matt described it as a luxurious resort and also said that it will meet all their requirements and more. Aaron and Margo were convinced by Matt’s glowing description and agreed to book a holiday package to Paradise Haven. To conclude the deal, Aaron and Margo were handed a written contract. On the front page of the contract document was printed in bold but not in big print, the following words: This contract document is intended to create a legally binding contract; any party contemplating signature is advised to take appropriate independent advice before doing so. The other terms include the following: Clause 4: All terms of the contract are included herein. It is hereby acknowledged that all express or implied term or statement by AH’s employee or agent are hereby excluded unless specifically included in this Agreement. Clause 6: AH accepts no responsibility and will not be liable to the customer (Aaron and Margo) for any loss, cost or damage (including loss of enjoyment) suffered directly or indirectly in connection with (a) any changes to itineraries or deficiencies in facilities provided; (b) any disappointment or loss of enjoyment; and (c) any personal injury or death resulting from the provision of services stated in this agreement. After briefly looking over the contract terms, both Aaron and Margo signed the contract with AH. Matt, then, stamped the contract with the following: It is hereby acknowledged by the party whose signature appeared below that they have read and understood all the terms of the contract. Aaron and Margo were asked to sign just below the statement, and they paid $2,000 for a 6-day holiday package, expecting a luxurious and enjoyable vacation. Upon arriving at Paradise Haven, they were immediately disappointed. The accommodation provided was not the promised beachside resort, but a rundown cabin in the outskirts of the island. It had very basic amenities; the water supply did not have adequate pressure, the toilet was filthy, and there was no vehicle access. The cabin appeared to have been abandoned for quite some time, leaving them in shock and dismay. The beach nearby was not the serene and sandy beach they had hoped for but a rocky and coral-filled area, making swimming impossible and unsafe. To their surprise, there were no facilities for water skiing and the only golf course on the island was a mini golf course in the village, four kilometres away, which has been vandalised by youths. Feeling cheated and distressed, Aaron and Margo tried to contact AH a few times, but they were unresponsive and avoided their calls. Stranded on the island with no alternatives, they decided to catch an earlier flight home to Melbourne, incurring additional airfare expenses as their holiday package required them to fly back on a specific date. As a result of the terrible conditions at Paradise Haven, Margo's stress and disappointment escalated to the point of a nervous breakdown, requiring immediate medical attention and hospitalisation. Aaron and Margo are left with the burden of medical bills, additional airfare costs, and a ruined vacation experience. The price paid by Aaron and Margo for their holiday package was approximately the same as for most alternative resorts for which they had been shown brochures by AH. Feeling misled and betrayed by AH's false promises, they decided that they want to take legal action for their financial losses, emotional distress, and the ruined holiday experience. Advise Aaron and Margo as to their contractual rights and whether they have any legal claim for damages against the travel agent. [Your answer must provide justifications and refer to legal principles and cases including any relevant provision of the Australian Consumer Law to support your discussion] NB: You are NOT required to discuss any statutory rights relating to consumer guarantees for the provision of services or the sale of goods. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Submission details overview This assignment will be submitted via Turnitin. You will find the relevant submission point below. The date of submission recorded in Turnitin shall be deemed the actual submission date. Assignment criteria 1. Identification of issues. 2. Identification of the source of the law on each issue: case law, statute. 3. Accurate explanation or justification of the relevant law on each issue. 4. Application of the relevant law to each issue. 5. Presentation and organisation of work in a logical and grammatically correct manner. Your work will be assessed using the marking matrix indicated below. Assessment declaration and statement of authorship By submitting my assessments below I declare that: · This is an original piece of work and no part has been completed by any other person than signed below. · I have read and understood the Plagiarism Guide Download Plagiarism Guide and that no part of this work has been copied from any other source except where this has been clearly acknowledged in the body of the assignment and included in the reference list. · I have retained a copy of this assessment in the event of it becoming lost or damaged. I agree and acknowledge that: · I have read and understood the Swinburne Assessment Declaration. · I accept that use of my Swinburne account to electronically submit this assessment constitutes my agreement to the Swinburne Assessment Declaration. · If I do not agree to the Swinburne Assessment Declaration in this context, the assessment outcome may not be valid for assessment purposes and may not be included in my aggregate score for this unit. Further information relating to the penalties for plagiarism, which range from a formal caution to expulsion from the University, is contained in the Student Academic Misconduct Regulations 2012 and at the Assessment declarationLinks to an external site. page. Word limit: Between 1500 to 2000 words [word limit is for content only and exclude footnotes, references or bibliography] Weighting: 40% Due date: 23.59 AEDT Sunday 27 September 2023 (End of Week 8) Assignment overview The purpose of this assessment task is for you to independently research the relevant legal issues and legal area and write an answer for the question below. Relevant learning outcomes This task is assessing your ability to demonstrate that you meet the criteria for the following unit learning outcomes: 1. analyse and apply a range of legal concepts relating to contract law, drawing both from common law and statute law 2. apply critical thinking and analytical skills when applying legal concepts and principles in the conduct of businesses and entrepreneurial activities 3. construct coherent and logical legal arguments and communicate them effectively. NB: · Answers must be based on Australian laws. Any answers that are based on laws from another country or jurisdiction will attract a fail mark unless they are used as a comparison or to extrapolate perspectives from another legal jurisdiction with Australian laws. However, all cases that have been referred to in the study materials or in any Australian law textbook may be used. · Case law must be used to support your arguments otherwise your answer is merely an unsubstantiated opinion. Assignment details Late Submissions: Unless an extension has been approved, late submissions will result in a penalty. You will be penalised 10% of the assessment’s worth for each calendar day the task is late, up to a maximum of 5 days. After 5 days, a zero result will be recorded for the respective assessment. Extension: Any extension request must be made prior to the due date and supported by documented reasons. Extensions can only be given once and up to a maximum of 7 days. Any extension request beyond this period (7 days) will need to be processed via the University’s Special Consideration procedure. Format: The assignment must be typewritten and comply with the following: · Double-spaced in Times New Roman font size 12 · You may use default left and right margins on Microsoft Word · To avoid plagiarism, you are required to provide a reference whenever you include information from other sources in your work and in the case of case law, there is a need to provide the case citation. Further details regarding plagiarism are available in Section C of the Unit Outline. Referencing conventions required for this unit must comply with either the APA 7th Edition Style Guide or the Australian Guide to Legal Citation (4th Edition). Helpful information on either of these referencing styles can be found at https://www.swinburne.edu.au/library/search/referencing-guides/apa-style-guide/Links to an external site. or https://www.swinburne.edu.au/library/referencing/aglc4/Links to an external site. · Bibliography/Summary of References There are additional textbook resources that students can refer to from library (an indicative list of the relevant etextbooks have been provided in Modules), including assignment and IRAC/ILAC writing guidelines. These are available on: E-Textbooks and Legal Writing Guide. Additional resources pertaining to the Australian Consumer Law: (1) Legislation (http://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/toc-sch2.htmlLinks to an external site.); (2) book (https://ebookcentral.proquest.com/lib/swin/detail.action?docID=6222662Links to an external site.) - look at chapter 3 on misleading and deceptive conduct. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Assignment Problem Question Aaron and Margo are a recently retired couple and have always wanted to do some travelling after their retirement. They have never travelled outside Victoria before. As they are travel novices, they have decided to visit their local travel agent, Aussie Holidays Pty Ltd (AH), to plan their first post-retirement holiday. In their discussion with AH, they expressed their desire for a relaxing vacation with access to a beautiful beach, golfing facilities, and water skiing. The manager of AH, Matt, eager to make a sale, recommended a picturesque island resort named Paradise Haven, located off the far north Queensland coast. Matt described it as a luxurious resort and also said that it will meet all their requirements and more. Aaron and Margo were convinced by Matt’s glowing description and agreed to book a holiday package to Paradise Haven. To conclude the deal, Aaron and Margo were handed a written contract. On the front page of the contract document was printed in bold but not in big print, the following words: This contract document is intended to create a legally binding contract; any party contemplating signature is advised to take appropriate independent advice before doing so. The other terms include the following: Clause 4: All terms of the contract are included herein. It is hereby acknowledged that all express or implied term or statement by AH’s employee or agent are hereby excluded unless specifically included in this