BUSINESS LAW
1018
SP2 2015
ASSESSMENT 2
LEGAL ANALYSIS /CASE STUDY 2
DUE FRIDAY 12TH JUNE 2015
11.00PM
The
final document will be submitted via subject web page under the tab
“Assignments”
A COVER SHEET MUST BE INCLUDED – SHOWN BELOW
AND LINKED ON THE SUBJECT SITE
The document
must be double line spaced.
Word Limit and
Referencing
The word limit is 2500 words. The word count
does not include headings, footnotes and list of references. However, footnotes
must only be used for referencing purposes and must not contain any lengthy
text or discussion. The ability to write clearly and succinctly is an essential
business skill. Please check the word count before submission.
PENALTIES
FOR WORD COUNT: Students must
not exceed the word count on any assignment. Penalty for going above the
word count is 5% per 100 words, or part thereof.
Extensions
An extension will only be granted in the event
of illness or bereavement, supported by evidence such as a medical certificate,
in accordance with University policy. A request for an extension on these
grounds and supported by evidence must be made by email to your tutor prior to
the assignment due date. Requests received after the due date will not usually
be granted Work, study load, other assessment due dates and family
responsibilities are not grounds for an extension. All students have demands of
this kind. You are expected to balance and prioritise your commitments so you
submit your assignment on time. Unless a formal application for extension of
time has been granted prior to the assignment submission date, the penalty for
late submission set out below will be applied. This is in fairness to all
students. Please note that marked
assignments cannot be returned to the class
until assignments granted extensions have been submitted and marked. For this
reason extensions of no more than 5 days are usually granted. In fairness to
the class as whole, no assignment will be accepted for assessment if submitted
more than 5 days after the assignment due date.
Writing and
Style Guide
The ability to write well is an essential skill
for the practice of law and in business. You will be assessed on the clarity
and accuracy of your writing. It is important, therefore, to write in clear,
short sentences, to use words accurately, to always use punctuation and to use
headings to guide the reader. Make sure you use appropriate authorities (cases
and/or legislation) to support your statements. All your written work should
use the style set out in the Australian Guide to Legal Citation, published by
the Melbourne University Law Review Association OR you can use the Harvard
system, or a combination of the two. All we ask is that any assertions are
referenced adequately and acknowledgements are given.
Avoid
plagiarism
Plagiarism can have serious adverse consequences
at the University and may affect your future career. For further information,
please see below under ‘Academic Integrity’ Connection website at:
http://www.unisanet.unisa.edu.au/learningconnection/student/studying/integrity.asp
Late
Submission
A penalty of 5% will be deducted for each
calendar day the assignment is late, unless a formal application for extension
of time has been granted prior to the assignment submission date via Learn
online. This is in
fairness to the class as a whole and to
encourage on time submission, which will be expected of you on the job as part
of your professional responsibility. Please note that any application for
formal extension on medical or bereavement grounds supported by evidence can
only be granted in accordance with university policy.
Submission
The assignment must be submitted online as a Word document (not a pdf) and must
include your name and UniSA student ID number as the file name. Follow
instructionswith the assignment.
No Resubmission. Students who fail this assignment are not
permitted to resubmit or redo the assignment.
Return of Assignments
Your assignments will be marked and returned to
you after marking and/or moderation is completed. Assignments will be returned
online to you within two to three weeks.
BUSINESS LAW
– ASSESSMENT 2
LEGAL
ANALYSIS/CASE STUDY 2
Your burger establishment has now been
running for 6 months.
Part
1 – Leasing and Property
The Mexican Restaurant next door has closed
down and the landlord of that premises has approached you to see if you are
interested in expanding to this space.
You are very keen. You have been
supplied with a standard leasing contract.
1.1
What else does the landlord need to provide to you in relation to the rental property?
The standard lease provided to you by the
landlord, James, contains the following clause:
Clause 5.1 Lessee’s Consent
Where, pursuant to any Act or requirement of any relevant authority,
the Lessee’s consent is required to any process, step or dealing by the Lessor
with its interest in the Land, the Lessee shall give its written consent to
such proposed process, step or dealing within seven (7) days of receipt of a
written request from the Lessor to do so, provided that such proposed process,
step or dealing does not materially detrimentally affect the Lessee’s use of or
access to the Premises;
The landlord wants to install an inside
wide arch between the two restaurants so he can continue to offer you (and
subsequent lessees) ‘double’ restaurant space. However, the modifications will
mean that you cannot trade (other than by take-away) for at least two weeks.
You are unhappy. You point out that you are quite happy with the amount of
access you have to the second restaurant via the kitchen. You don’t want to
give James permission to do so.
1.2 What are your obligations and liabilities under Clause 5.1?
The landlord has included in the lease that
you must install new extractor (ceiling) fans above the ovens to minimise smoke
damage to the ceiling.
1.3 Are the extract (ceiling) fans fixtures and, if they are,
can you take them with you if you vacate the premises?
Part
2 – Contracts
In the signed lease agreement it says that
all ovens and installed equipment in the kitchen must be in ‘good working
order.’ You have now taken over the new premises and
found one oven is not working.
2.1 What can you claim from the landlord?
Part of the expansion has allowed for the
business to specialise in gourmet hamburgers.
You have entered into an oral agreement
with your brother to buy fish from his fish business for your new gourmet fish
burger. On the first delivery you notice
the fish is not of good quality and it is not well covered with ice, which
raises concerns about whether it can be consumed. You don’t want to pay for the
fish.
2.2 What
contractual issues can you raise in order to avoid paying the money that your
brother has asked for?
You have some special t-shirts made with
your establishment’s name and logo. At
$20.00 each they are not selling very well, so you get Carol to put a sign in
your window saying the t-shirts are on sale.
You tell her to discount them to $15.00 but she puts “$5.00” on the
sign. Zena has come into buy 30 t-shirts
because she really likes your burgers.
2.3 Are you obligated to sell the T-shirts
to Zena at $5.00 each?
You have decided to sell two old fridges to
allow a kitchen upgrade due to the expansion.
The Thai restaurant down the road is run by Tina. You know that Tina is looking for second-hand
fridges. You send her an email asking her if she is interested in your two
fridges for a total of $5,000. Tina
responds saying “Will only pay $4,800.
What say you?” At 9.00am the
next morning you send Tina an email saying “Okay, good, I can agree on a price
of $4,800.” At about the same time Tina
sent an email saying “Cancel my earlier counter-offer. I will take the fridges for $5,000 as I need
them as soon as possible and I cannot bother with haggling over the price.”
According to the electronic records
·
Tina’s email “in” box received
your email accepting the price at $4,800 at 9.40am and she looked at it at
9.45am.
·
You received Tina’s email
stating that she was willing to pay $5,000 at 9.30am but you did not look at it
until 10.00am.
2.4 Have the
fridges been sold, and, if so, at what price?
George is a second chef you have employed due to
the expansion. George has been working
with you for six months and thinks he would run a hamburger business much
better than you do. When George tells
you he is leaving and is going to open a new Burger Restaurant on Kangaroo
Island called “George’s Burger Restaurant” you remind him that he signed a
letter stating that he would not work “in any capacity for another burger
establishment anywhere in South Australia for a period of 5 years.”
2.5 Is George bound by the
‘restraint’ clause in the letter? If so, why?
If not, why not?
TOTAL WORD COUNT PERMITTED: 2,500 WORDS
