Subject Code : LW120
Country : Australia
LW120 Principles Of Business Law - Legal Rights - Business Law Assessment Answer
Assessment Task:

Question 
The Doctrine of Precedent while a wonderful instrument to help create uniformity and consistency in the manner cases are decided, has some serious limitations in its application." Is this statement a true assessment of the doctrine? Discuss the statement and provide sound legal reasoning in your discussion. 

Question
John Walker while at a party in a friend's house, after consuming a lot of alcohol and was clearly intoxicated, agreed to buy his friend's painting, which was of little value, for $1000. His friend knowing that the painting was of little value, probably less than $100, quickly agreed to the sale. John woke up the next morning, and though still suffering from a terrible hangover, realised what he had done, calls his friend and tells him that he was only joking and never truly intended to purchase the painting. His friend is claiming that John made a contract and has to keep to his agreement. 
Using the 4 step process, advise John of his legal rights. Would your advice be different if John kept quiet for a month and then attempted to rescind the contract? 

Question 
"Exclusion clauses are frequently included in most contracts. A party who signs a contract containing an exclusion clause, against whom the exclusion clause applies, is bound by that clause and cannot escape any exclusion of liability resulting from that clause." Is this assessment regarding exclusion clauses accurate? Answer the question and support your reasoning using cogent legal arguments. 

Question 
Kate Strophy, an owner-builder, engages Lesley to lay the bricks for Kate's new holiday home in Denham. When the house was about 70% complete, the building site was severely damaged by a hurricane. Kate is now insisting that this does not change anything and that the contract is still valid, and Lesley must start afresh and begin building the house all over again. Lesley disagrees, refuses to restart the building process and wants to terminate the contract and claim for the work that has been done. Using the 4 step process, advise both parties of their possible legal rights.

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  • Posted on : October 23rd, 2018
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