Problem type question

Problem type question You must write an answer to the problem-type question below, usin" rel="nofollow">ing the ILAC (Issues, Law, Application, Conclusion) format, a worked example of which is in" rel="nofollow">in the Resources folder. **In this subject, assignments are marked on-lin" rel="nofollow">ine, usin" rel="nofollow">ing an adapted MS Word programme. You therefore MUST submit your assignment in" rel="nofollow">in Word format, NOT as a PDF document. If you submit in" rel="nofollow">in PDF it will not be able to be marked.** ##If you thin" rel="nofollow">ink you may need and extension for this assignment, please read the rules relatin" rel="nofollow">ing to extensions in" rel="nofollow">in the Subject Outlin" rel="nofollow">ine before applyin" rel="nofollow">ing for an extension. ## Question Steve runs a car hire busin" rel="nofollow">iness. Steve is a sole trader - his busin" rel="nofollow">iness is not a corporation. He tells you about the followin" rel="nofollow">ing events: Steve’s friend Tom runs a truckin" rel="nofollow">ing company. Tom phones Steve and says ‘I need to hire a truck capable of carryin" rel="nofollow">ing 10 tons of cargo’. Without checkin" rel="nofollow">ing the specifications of the vehicles he has available, Steve says ‘I have just the thin" rel="nofollow">ing for you - a Hin" rel="nofollow">ino Cargo Master - it can carry 12 tonnes’. Tom agrees to hire the truck at $ 200 per day, and picks it up. He loads it with 10 tonnes of cargo, but on its way to make a delivery, the suspension collapses. As a result, he is unable to use it and loses $ 5 000 per day in" rel="nofollow">in profits. Pamela has often watered Steve’s garden when he (Steve) has been away on holiday. Pamela phones Steve and says ‘I’ve got a problem - my car is bein" rel="nofollow">ing fixed and I am goin" rel="nofollow">ing on holiday tomorrow, but I can’t afford to hire one. Can you help me out?’. Steve says ‘Sure - you looked after my garden last month, so I’ll lend you a car for the weekend because you did that’. When Pamela comes to collect the car, however, Steve tells her that he hired it to another customer. Pamela says that Steve has broken the contract she had with him and that she will be consultin" rel="nofollow">ing a lawyer. Danny telephones Steve and says ‘I would like to hire the Toyota Corolla I used last week’ Steve says ‘The charge will be $ 40 per day plus fuel and you can collect the car tomorrow’. Danny says ‘That’s great, I will be there at 9 am’. When Danny arrives at the car lot, Steve says that when he had been speakin" rel="nofollow">ing to Danny, he was unaware that the vehicle had already been destroyed in" rel="nofollow">in a crash while bein" rel="nofollow">ing driven by another customer the previous day. Danny refuses to take a different car and says he will go to court to enforce the contract he had with Steve. Steve is thin" rel="nofollow">inkin" rel="nofollow">ing of puttin" rel="nofollow">ing in" rel="nofollow">in a new airconditionin" rel="nofollow">ing unit in" rel="nofollow">in his premises. He has been in" rel="nofollow">in negotiations with Cool It Aircon Ltd, owend by Trisha. One Monday mornin" rel="nofollow">ing he comes in" rel="nofollow">into his office and sees the latest draft contract from Cool It Aircon, with details of specifications of the airconditioners, price and in" rel="nofollow">installation date. The top sheet of the contract contain" rel="nofollow">ins a space which says “I agree to these terms of supply” and with a space for a signature and date. Steve sets the contract aside on his desk, and it soon gets mixed up with piles of other paperwork. Later durin" rel="nofollow">ing the day, he signs the form, thin" rel="nofollow">inkin" rel="nofollow">ing that it was the front page of another contract he had been sent by a supplier of microchips. He gives it to his office manager, Tim, and says “Send this by fax”. A few days later a truck from Cool It Airon arrives at Steve’s busin" rel="nofollow">iness. Steve phones Trisha and says he never agreed to the in" rel="nofollow">installation. When Trisha tells him about the fax, he realizes his mistake and tells her that he had sent it by accident. She says “Too bad, we have a deal – I have already spent several thousand dollars makin" rel="nofollow">ing customized components for your system”. Advise Steve on his legal position in" rel="nofollow">in relation to each transaction, backin" rel="nofollow">ing up your answers with relevant rules of law. Rationale This assessment item will allow you to demonstrate your ability to • engage in" rel="nofollow">in legal research; • identify the legal issues arisin" rel="nofollow">ing out of novel factual situations, to analyse the applicable law and to differentiate between which rules are applicable and which are not and then apply the law to the problem; • explain" rel="nofollow">in and summarise the applicable law in" rel="nofollow">in such a way as to create a report for a client which states what liabilities arise from novel factual situations And more specifically • your knowledge of the law of contract formation and the law relatin" rel="nofollow">ing to factors affectin" rel="nofollow">ing the validity of contracts • your ability to undertake an assessment task relevant to the workplace and professional practice. • Presentation • • Please comply with the followin" rel="nofollow">ing Style Guide: • • 1. Do not re-state the question. • • 2. Use in" rel="nofollow">in-text referencin" rel="nofollow">ing. Do not use footnotes. • • 3. Names of statutes should be italicised, and followed by the jurisdiction not in" rel="nofollow">in italics, for example: Acts Interpretation Act 1901 (Cth). Note the abbreviation for ‘Commonwealth’ is ‘Cth’ not ‘Cwlth’. • • 4. The names of the parties must be italicised, but the citation must not, for example: Smith v Jones (1967) 345 CLR 34. • • 5. An in" rel="nofollow">in-text reference to a book should be structured as follows: (Latimer, 2010, p. 75). There is no need to put the author’s in" rel="nofollow">initial. Note the positionin" rel="nofollow">ing of brackets, stops and commas. You use ‘pp.’ only if referrin" rel="nofollow">ing to more than one page. If you are referrin" rel="nofollow">ing to a book with more than one author, the in" rel="nofollow">in-text reference would be as follows: (Smith et al, 2002, p. 78). • • 6. An in" rel="nofollow">in-text reference to the subject's Modules should be structured in" rel="nofollow">in brackets as per the followin" rel="nofollow">ing example - obviously you will alter the reference dependin" rel="nofollow">ing on the subject, year of study and Module number : (CSU LAW220 Modules, 2015, Topic 7). • • 7. Do not start a new lin" rel="nofollow">ine simply because you are startin" rel="nofollow">ing a new sentence. • • 8. Be careful of apostrophes: director's = of a director, directors' = of many directors, directors = many directors. Also particularly prevalent is confusion between its (it possessive) and it's (contraction of "it is"). • • 9. The followin" rel="nofollow">ing words always start with a capital letter: Commonwealth, State, Act, Bill, Regulation, Constitution, Parliament. Do not unnecessarily capitalise other words. • • 10. One should not use terms such as can't, won't, don't and shouldn't, neither should one use "ie" and "eg" in" rel="nofollow">in formal writin" rel="nofollow">ing. • • 11. A sentence must always begin" rel="nofollow">in with a full word and a capital letter – so a sentence would start ‘Section 55 says…’, not ‘S 55 says…’ or ‘s 55 says…’. The abbreviation for 'section' in" rel="nofollow">in the middle of a sentence is 's'. • • 12. Start each paragraph on a new lin" rel="nofollow">ine, and leave a clear lin" rel="nofollow">ine gap after the precedin" rel="nofollow">ing paragraph. • • 13. You must put page numbers on your assignment. • • 14. Quotations and excerpts from legislation should be in" rel="nofollow">indented from the rest of the text in" rel="nofollow">in a separate paragraph. The text in" rel="nofollow">in quotations should not be in" rel="nofollow">in italics. • • 15. You must end your assignment with a bibliography that is divided in" rel="nofollow">into three separate parts, listin" rel="nofollow">ing statutes, cases and books / articles / on-lin" rel="nofollow">ine Modules. • • 16. A listin" rel="nofollow">ing of a book in" rel="nofollow">in a bibliography should appear in" rel="nofollow">in accordance with the followin" rel="nofollow">ing format: Latimer, P (2010). Australian Busin" rel="nofollow">iness Law, 29th ed, North Ryde: CCH. If listin" rel="nofollow">ing a book with multiple authors, do so as follows: Heilbron, G, Latimer, P, Nielsen, J and Pagone, T (2008). Introducin" rel="nofollow">ing the Law, 7th ed, North Ryde: CCH. • • 17. When listin" rel="nofollow">ing statutes at the end of your assignment you should conform to the format: Acts Interpretation Act 1901 (Cth). List the statute only once – you do NOT list in" rel="nofollow">individual section numbers relied on. You should not list textbooks as the source of Acts – the Act itself is its own source. • • 18. When listin" rel="nofollow">ing cases conform to the format: Gordon v Richards (1976) 123 CLR 32. • • 19. When listin" rel="nofollow">ing article conform to the format: Jones, J 'The new analysis of law' (2010) 4 Journal of Recent Law 34. • • 20. When listin" rel="nofollow">ing CSU Modules conform to the followin" rel="nofollow">ing format: CSU LAW220 Modules. • • 21. Make sure that your sentences are grammatical – it may be useful to read your assignment out loud if you have any doubts about this. •