Business & Corporations Law & Short Research Essay – Law Assignment Help

Assignment Task

Task 

Part A 
Legal Problem
Edward has a courier business. He owns an extra-large van to be able to transport large items directly from shipping containers to buyers. Edward regularly receives work orders to pick up items from the loading bay at Outer Harbour for transportation to businesses in Adelaide. The loading bay is owned and operated by Truckers Parking Pty Ltd (TP). A very large, visible sign hangs at the entry point of the loading bay. Two of the conditions of entry printed on the sign in large font are:
1) A permit will be issued upon entry. The permit must be returned at the exit point.
2) TP Pty Ltd assumes no responsibility for any damage to any vehicles parked in the loading bay, howsoever, the damage may be caused. All vehicle owners enter this site at their own risk.

Last week, Edward received a work order to transport large office furniture from the loading bay at Outer Harbour to a law firm in the city. He drives to the entry gate and doesn’t bother to read the large visible sign. In fact, Edward has never bothered to read it. Upon entry he is given a permit attached to a lanyard and is told by the TP attendant that this must be worn around his neck while he remains in the loading bay. It must be returned upon exiting. Edward hangs the
permit around his neck and parks his van.

Since the items he will be transporting are not yet available for pick, he walks over to the vending machine located at the other end of the loading bay to get a drink. While he is at the vending machine, a prison escapee from the prison located next to the Outer Harbour loading bay, finds his way into the loading bay (by climbing over the fence around the loading bay), breaks into Edward’s van and drives it to the exit point. As the prison escapee does not have a permit, he tells the parking attendant that he lost the permit while he was shifting containers.

Feeling sick of her job, the TP attendant simply lifts the boom gate and allows the truck out of the loading bay without receiving the permit. Edwards’s van is driven to a location about 1 hour north of the Outer Harbour loading bay where the prison escapee abandons it after settingthe van on fire causing thousands of dollars’ worth of damage. Edward is distraught about the damage caused to his transport van and is absolutely furious that his car was allowed to be driven out of the loading bay. He wants to sue TP for the damaged caused to his van.

Edward comes to see you for advice asking you whether he should pursue a claim against TP for the damage caused. You must answer using the IRAC framework.
Do not include any discussions about insurance – that is not relevant for the purposes of this Assignment.

[Helpful Hint: Your answer will address two issues discussed in Lecture 3 and, thus, your answer needs to be divided into two parts. I expect each issue to be dealt with using the IRAC framework as different rules apply.]

Part B 
Legal Problem
Melody has her own small business delivering fresh fruit from market outlets to fruit vendors in suburban locations. Her transport vehicle is a small van, which she parks in her driveway overnight. One morning Melody’s delivery van refuses to start. She checks to see what the problem could be and realises that someone has stolen/removed the vehicle battery. She is very upset, but thinks it is something easily remedied.

She rings a courier by the name of Mick to pick up the battery she requires from Batteries4Cars Pty Ltd, located about 1 hour away from her location. She pays Mick an express delivery fee of $100 via PayPal. Melody waits and waits, and Mick does not deliver the battery until 2 days later. Because of the delay, Melody lost $1000 in revenue (she earns $500 revenue per day on average). In addition, Melody missed out on receiving a special delivery contract award worth $10,000 for being “the most efficient and the friendliest” delivery business in Adelaide. Not actively delivering on the days her van was out of action meant she did not attain the target number of deliveries needed to receive this award.

Mick’s failure to deliver the battery on time has now caused Melody enormous mental distress and disappointment. She wants to claim compensation in the amount of $13,100: $100 delivery fee paid to Mick; $1000 lost revenue; $10,000 for the lucrative contract award; $2000 for mental distress.
What amount of loss can Melody claim legitimately? You must answer using the IRAC framework.

Part C
Short Research Essay
Section 18 of the Australian Consumer Law is a codification of good business ethics. Do you agree?

There is no set way (‘model’ way) to respond to the statement. However, it must be written in essay format. Please include an Introduction, Main Body and Conclusion. As well as referring to the textbook (Fitzpatrick, J., Symes, C., Veljanovski A. & Parker, D. Business and Corporations Law (any edition) you are required to reference at least two other academic sources to support your arguments. You must use Harvard Style referencing (in text) (See University Writing Centre Harvard Style Guide) and provide a Reference List at the end of your essay (Reference List is NOT included in word count).
A few things you may like to consider as you research and write your essay includes explaining what the primary aim of section 18 is and how its application may (or may not) foster ethical, fair practices between businesses. We considered the misleading or deceptive conduct in Lecture 5 and Seminar 5. Remember to present your essay in accordance with the rules relating to Academic Integrity – Week 6 guest lecture is helpful to recall on this point. I have included writing resources for you on the MyUni page (see Modules Tab). Please make sure you quote, paraphrase and reference correctly. 

OR

Frustration of a contract always leads to unfair outcomes for parties. Do you agree?

Note: There is no set way (‘model’ way) to respond to the statement. However, it must be written in essay format. Please include an Introduction, Main Body and Conclusion. As well as referring to the textbook (Fitzpatrick, J., Symes, C., Veljanovski A. & Parker, D. Business and Corporations Law (any edition) you are required to reference at least two other academic sources to support your arguments. You must use Harvard Style referencing (in text) (See University Writing Centre Harvard Style Guide) and provide a Reference List at the end of your essay (Reference List is NOT included in word count).

As a starting point you may like to think about explaining the doctrine of frustration under common law, how a party’s rights are affected at the time of frustration, whether statute changes the outcome for parties in States where legislation is in force. The theme underpinning this question was touched upon in Lecture 4.
Remember to present your essay in accordance with the rules relating to Academic Integrity – Week 6 guest lecture is helpful to recall on this point. I have included writing resources for you on the MyUni page (see Modules Tab). Please make sure you quote, paraphrase and reference correctly.

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