Internal Code: 1HBCB
Students may refer to course materials and textbooks to answer the question.
This is an individual assessment item and not a group assignment. Accordingly, each student must submit a separate assignment.
Faculty policy states that students who are proven to have cheated in the assignment will receive no marks for the whole assessment item. Please read the instructions in Section 6.1 of the Course Profile.
Please note the following:
Student answers to the hypothetical question must be written under the framework of – Issue, Law, Application and Conclusion (ILAC).
Issue 1: Law, Application of Law
Issue 2: Law, Application of Law
Issue 3…… Issue 4…..continue identifying all other Issues relevant for Part A and Part B of the Question. (Please refer to the Exemplar Answer guides posted under the Assignment 2 folder and Workshop answer guides (Week 8 and 10)
Please write a separate ILA for each Issue that you identify in your answer.
Conclusion: Write a separate Conclusion for each question under Part A and Part B. (that means you need to write two Conclusions).
Answer the following question using the Issue, Law, Application of Law and Conclusion (ILAC) format.
Please write a separate ILAC for Part (A) and Part (B) of the Question.
QUESTION (30 marks)
DavidCotton lives in a remote Indigenous community in the Gulf of Carpentaria. He has an interest in moving to Cooktown to start a business. Latitude Developments(LD) owns the recently constructedCooktown Shopping Centre.
Davidattends an appointment with ArthurPreston, a representative of Latitude Developments, to enquire about the hire of a spaceat the Shopping Centre to run an Indigenous art shop. It becomes apparent to ArthurthatDavidspeaks an Aboriginal language, understands only limited English, and is not an expert in business and financial matters.
Arthur states that a vacant space is available in the Shopping centre however, Davidis required to sign a 30 page lease within 24 hours as spaces are in demand. David does not understand many of the complex terms used throughout the lease but nevertheless signs the document.
Unbeknown to David, however, a term is inserted into his lease stating that he would be charged a rate of rent 30 percent higher than that of all other occupants in the Shopping Centre. Furthermore, Arthurfails to mention that two months into the lease, the Shopping Centrewill be closed for rectification of faulty building work for 4 months. All other tenants in the Shopping Centreareadvised of that fact.
After visiting Arthur, Davidwalks to the Cooktown racetrack, owned and run by the Cooktown Turf Club(CTC).It has been lightly raining during the day. The Cooktown Turf Club has recently undertaken some renovation to the grandstand and the paint applied to the edges of the stairs makes the stairs dangerously slippery when wet. There is no warning sign at the staircase. Davidslips and falls whilst walking down the stairs. He fractures his ankle and aggravates a pre-existing lower back injury, which restricts his mobility. When he was walking down the stairs at the racetrack, he was holding a 2 kg bag of bananas in his left armwhilealso receiving a phone call from hisfriendwho was waiting for him at the front gate of the Racetrack.
After the injury, Davidishospitalised for six months and isunable to work at the Shopping Centreduring this time. As a result of his injuries and the unexpected medical expenses, Daviddevelopssevere anxiety and depression. To alleviate his depression, he begins to smoke Ice which later develops into an addiction. Unfortunately, David loses $30,000 from his Ice addiction.
Advise Davidas to whether LatitudeDevelopments(LD)has breached any provisions under the Australian Consumer Law(ACL) 2010 with respect to his lease of the space at the Cooktown Shopping Centre. What remedies (if any) are available for David under the ACL?(15 Marks)
Advise Davidas to whether the Cooktown Turf Club(CTC)is liable for his injuries and the loss of $30,000. Make reference to relevant case law and the Civil Liability Act 2003 (Qld) in your answer.(15 Marks)
In your answers, DO NOT discuss liability under the principles of law of contract.
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