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LAWS11030 - Foundations of Business Law - Shana - James - Frank - Common Training College Pty. Ltd - Ziggle Limited - Report Writing Assignment Help

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Foundations of Business Law - Report Writing Assignment Help

Assignment Task: LAWS11030 Part A  Locate the full law report for the case referred to below at the Australian Legal Information Institute site. Do not use a summary. Please be very careful that you find this particular case. The citation of the case is important. See the text in chapter 4 for general assistance. Most parts of the Part A answers can be taken from the case but you may also do further research or refer to Moodle materials in your assignment. Read the case and answer the following questions. Use complete sentences. - LAWS11030 1. In what court was this case heard and explain where this court is situated in the Australian court hierarchy? 2. Is this case a civil or criminal case? Which party bears the onus of proof in the present case? 3. In your own words briefly outline the main legal issues in this case. The case, prescribed textbook and other research will be helpful. 4. Identify the essential elements in the formation of a valid enforceable contract that are examined in the case. 5. Select one of the Australian cases cited in this LAWS11030 decision and explain how it connects with the study of contract law in the unit. 6. Explain how this decision’s treatment of intention to have contractual relations could affect a business in its operations adversely. 7. Do you think the outcome of this case is fair? What business law lessons did you learn from reading this case? Part B 1. (a) When Shana, aged 17 years, was clearly intoxicated she agreed to pay $2,000 for Ruth’s wardrobe of used designer clothes worth no more than $700. Ruth approached Shana the next day to arrange delivery and payment. Shana, now sober, was no longer interested in the clothes. Explain whether Ruth can enforce the contract. Do not discuss statute law. (b) James is Frank’s son. Frank, who is elderly and nearly blind, signed a document which he had been told by James and his bank, the NUB, was a guarantee for a loan of $5,000 to James. Frank was prepared to help James with the loan. In fact Frank had signed a NUB mortgage for $200,000 over his house. James accessed the money and disappeared. What rights does LAWS11030 Frank have? Do not discuss statute law. 2. (a) Common Training College Pty. Ltd (Common) based in Sydney enrolled 3,000 students in its diploma courses and was paid $50 million by the Commonwealth and taxpayers. Common sales staff used tactics including door-to-door sales in vulnerable and disadvantaged communities. Common and its staff represented to these students that their LAWS11030 courses were free when in fact the students were incurring a debt of up to $25,000 per course under the VET FEE-HELP scheme. Advise the students as to whether they can obtain a remedy under the Australian Consumer Law. Do not discuss the common law. (b) Ziggle Limited, an online sporting goods retailer, (Ziggle) has an office in Brisbane. Its staff told Australian customers who were trying to obtain a refund for faulty products that Ziggle was not subject to the Australian Consumer Law as it was based in the United Kingdom; LAWS11030 the customer needed to contact the manufacturer; and Ziggle would not provide a full refund for a faulty product as the product has been used. Could the ACCC take action against Ziggle Ltd and advise whether it could obtain remedies under the Australian Consumer Law. Do not discuss the common law.

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