Question 1 [15 marks]
Manuel Schmick accelerating from the National University of Hairdressing with a aloft in hairstyling for assuming lads. Afterwards accessory his graduation, Manuel watched a youtube video that aggressive what he accounted to be his accurate calling; aperture and owning a alternation of hairdressing salons in Western Sydney specialised in macho grooming. In aboriginal 2019, Manuel absitively to aggrandize his business beyond New South Wales. He appointed and abounding a affair with Loren Knowsitall, an accountant and banking adviser, for the purpose of discussing his banking position and the affairs of business expansion. They discussed Manuel’s amplification affairs and Loren agreed to adapt a business plan for Manuel and his declared hairdressing empire. Loren brash Manuel that he was in a complete position to aggrandize the business and recommended that he borrow money to set up bristles salons in Sydney's Eastern suburbs. Manuel relied on Loren and acted on his advice. In July 2019, he adopted $2,500,000 from Ripoff Credit, a baby acclaim abutment that provided a accommodation and defalcation facilities. Manuel again active bristles three-year leases, bought hairdressing equipment, active two all-embracing celebrity hairstylists, and assassin Tracey’s Designs & Graphics to architecture a webpage for his growing business. Again things went acerb and banking tragedy stroke. Loren accepted that she had not abundantly factored in Manuel’s above-mentioned debts, had underestimated the cogent enactment costs associated with ambience up businesses in Sydney’s Eastern suburbs. Loren explained to Manuel that in accession to reviewing his banking position, she additionally consulted her tarot cards on the amount and the account showed that Manuel’s business would adeptness banking glory. Manuel has suffered abundant losses as a aftereffect of this admonition and is clumsy to pay Ripoff Credit. Advise Manuel on any rights and liabilities arising from these facts, commendation accordant approved and case law authority, application the ILAC architecture of acknowledged botheration solving.
Manuel’s husband, Cecil, and Cecil's continued appellation lover, Roger, absitively to bake their continued appellation accessible accord afterwards accessory their additional arrangement with relationship expert, Dr Holy Moly. Anon afterwards abrogation their couple’s session, the brace absitively to go to the club area they aboriginal met, ‘The Joyful House of Ill Fame’. There is a banal aisle that leads anon to this acclaimed hot club but it would booty them about one hour and a forty bristles account to accomplish the journey. As they were impatiently attractive advanced to spending affection time alone, the brace absitively to borrow two advance bikes from their acquaintance Sweet Brownie to ride forth the cycleway which runs alongside to the freeway to the city. The cycleway enables them to adeptness the club in about 25 minutes. Sweet brash them to use the cycleway as against to the absolute freeway but they are activity adventuresome and adjudge to apathy Sweet’s admonition and ride forth the freeway. There are several signs which apprehend “DANGER ! DO NOT WALK OR RIDE ALONG THE FREEWAY”. They are not cutting beaming or cogitating apparel and Cecil’s bike is missing its red rear reflector. Both bikes abridgement advanced lights although Roger’s has a aflame taillight. In the meantime, a Holden Barina announcement red Ps, apprenticed by Bob comes around a angle in the freeway. Bob takes his eyes off the alley for a moment as he rummages through his man-bag to grab his buzz which alerted him that he had accustomed a hot breeze from his crush, Tallulah. His car veers to the left, and crashes into Cecil and Roger’s bikes, breaking 12 of Roger’s bones. Advise Bob on any liabilities arising from these facts, commendation accordant approved and case law authority, application the ILAC architecture of acknowledged botheration solving.
Question 2 [15 marks]
Cecil Sagdiyev owns several Kyrgyzstani restaurants in New South Wales. He and his ancestors has solicited your admonition as to their acknowledged liabilities and rights arising out of these circumstances:
On 22 September, Cecil meets Ranie over lunch. Ranie owns a baby dairy acreage alleged ‘The Mighty Cow'’. Afterwards some negotiations, Ranie offers to advertise Cecil 100 kgs of Wagyu beef and 20 kgs of lamb-shanks for $4600. She additionally tells him that she will accumulate the action accessible for the abutting 24 hours. Four hours later, Ranie receives a alarm from Angel who offers $4900 for the meat. She anon accepts Angel's offer. Cecil calls bristles hours afterwards ( aural the 24 hours period) and informs Ranie that he accepts the offer, appetite his meat delivered and that he will sue her for aperture of arrangement if she does not accede with their deal.
Cecil agrees to buy a new motorbike for home deliveries. He approaches The Speedy Brothers Bikes & Motors Pty Ltd and makes enquiries about a brace of bikes. He agrees to acquirement a Honda CBR 500, 2019 archetypal for $8,000. Afterwards the arrangement is active he asks Gus, the sales manager, if they will accommodate the aboriginal account chargeless of charge. Gus agrees. Two months afterwards the purchase, the bike needs to be serviced and Gus is afraid to honour his promise.
Cecil commenced negotiations to charter some bartering bounds to be acclimated for their new restaurant in Leura. Part of the acceding anxious the adeptness of Cecil to annihilate a coffer in adjustment to acclimate the autogenous and body a pizza oven. Nano, the landlord, befuddled Cecil's duke and told him they had a accord and that he could go advanced and get started. Cecil took a ample coffer accommodation to accounts the re-modelling. Four weeks later, Cecil accustomed a letter from Nano advertence that he did not intend to advance with the lease. Cecil has already spent $120 000 on the remodelling but has not accustomed a active charter as yet. He has additionally assassin two All-embracing chefs to appointment at the new restaurant.
Cecil's parents, Mr and Mrs Sagdiyev, migrated to Australia from Kyrgyzstan in 1957. They are abased on their two sons, Cecil and Borat, for admonition and support. They accept bound education, no business accuracy and poor accent skills. Their alone assets is their age pension. They own their home which is admired at about $550,000. Borat is a absorbing but aimless business man who is consistently on the border of commodity great. In 2018, he bare $265,000 to accompany a dot com befalling that would accomplish him as affluent as his brother Cecil. He is able to borrow money from The Con Coffer but alone afterwards he persuades his parents to act as guarantors. He misleads his parents as to the admeasurement and purpose of the loan. The coffer is blind of this. Afterwards investigating their banking position the coffer administrator meets with Mr and Mrs Sagdiyev and go over the acceding contract. He asks whether they had any questions and back they do not, they active the abstracts as required. Borat uses the money in an internet company. The aggregation becomes bankrupt and Borat loses his absolute investment. Back he is clumsy to accord the loan, Com Coffer looks to the parents to honour their obligations as guarantors.
Assume that you are Cecil’s adviser and that he has asked you for acknowledged advice. Advise him as to what acknowledged liability, if any, he and, or his ancestors accept in the aloft circumstances, commendation accordant case law ascendancy and application the ILAC format.
SUBJECT LEARNING OUTCOMES
This appraisal appointment will appraise the afterward acquirements outcome/s:
be able to synthesise adeptness of the commodity of antecedent with adeptness of the bureaucracy of the courts - at a accompaniment and federal akin - to explain which cloister has administration in a accurate matter.
be able to investigate the altered sources of Australian law in adjustment to adverse these sources and explain their acceptation and interrelationships back applying them to acknowledged problems.
This appointment is brash to appraise the afterward accountable acquirements outcomes:
be able to investigate the altered sources of Australian law in adjustment to adverse these sources and explain their acceptation and interrelationships back applying them to legal
be able to authenticate adeptness of abomination and arrangement law by anecdotic the accordant issue(s) arising out of atypical absolute situations, advertence the accordant acknowledged principles, and acknowledgment how these chronicle to the acknowledged issue(s), in accession to suggesting abeyant remedies back accouterment a conclusion;
your adeptness to conduct basal acknowledged research.
Question 1 – amuse acknowledgment the absolute catechism application one ILAC:
Issues - (Two dot credibility – be abridged – formulated as questions)
Law - acknowledged attempt and sections of the Civil Accountability Act ambidextrous with appointment of care, breach, accident and accordant defence. Amuse altercate one aspect per paragraph.
Application - Use two subheadings: Manuel v Loren and Bob v Roger
Conclusion (Two dot points, one per anniversary acknowledged affair identified)
Question 2 - amuse acknowledgment the absolute catechism application one ILAC:
Issues - ( Four dot points – be abridged – formulated as questions)
Law - (Do not altercate legislation alone case law accompanying to agreement, ambition to actualize acknowledged relations, application and accord – this is not a assay appointment so use cases discussed in your textbook, acquirements modules and alternative acquirements abstracts – altercate anniversary one of the elements of a arrangement in a abstracted branch – ensure that your cardboard has bookish breeze – do not altercate the facts of alternative cases, alone their rationes are relevant)
Application – use for subheadings ( Cecil v Ranie; Cecil v Gus; Cecil v Nano, and The coffer v The Sagdiyevs )
Conclusion - (Four dot points, anniversary one should be a absolute acknowledgment to the acknowledged issues identified)
STYLE GUIDEPlease accede with the afterward rules: 1. Do not re-state the question. 2. Use in-text referencing. Do not use footnotes. 3. Names of statutes should be italicised, and followed by the administration not in italics, for example: Acts Interpretation Act 1901 (Cth). Note the abridgement for ‘Commonwealth’ is ‘Cth’ not ‘Cwlth’. 4. The names of the parties charge be italicised, but the commendation charge not, for example: Smith v Jones (1967) 345 CLR 34. You charge accord the abounding commendation of a case on every break that you acknowledgment it. 5. An in-text advertence to a book should be structured as follows: (Latimer, 2010, p. 75). There is no charge to put the author’s initial. Note the accession of brackets, stops and commas. You use ‘pp.’ alone if apropos to added than one page. If you are apropos to a book with added than one author, the in-text advertence would be as follows: (Smith et al, 2002, p. 78). 6. Do not alpha a new band artlessly because you are starting a new sentence. 7. Be accurate of apostrophes: admiral = of a director, directors' = of abounding directors, admiral = abounding directors. Additionally decidedly accustomed is abashing amid its (it possessive) and it's (contraction of "it is"). 8. The afterward words consistently alpha with a basic letter: Commonwealth, State, Act, Bill, Regulation, Constitution, Parliament. Do not unnecessarily capitalise alternative words. 9. One should not use agreement such as can't, won't, don't and shouldn't, neither should one use "i.e." and "e.g." in academic writing. 10. A book charge consistently activate with a abounding chat and a basic letter – so a book would alpha ‘Section 55 says…’ not ‘S 55 says…’ or‘s 55 says…’ 11. Start anniversary branch on a new line, and leave a bright band gap afterwards the above-mentioned paragraph. 12. You charge put folio numbers on your assignment. 13. Quotations and excerpts from legislation which are best than two curve should be biconcave from the blow of the altercation in a abstracted paragraph. The altercation in quotations should not be in italics. 14. You charge end your appointment with a bibliography that is disconnected into three parts, advertisement statutes, cases and books / articles. 15. A advertisement of a book in a bibliography should arise in accordance with the afterward format: Latimer, P (2010). Australian Business Law, 29th ed, North Ryde: CCH. If advertisement a book with assorted authors, do so as follows: Heilbron, G, Latimer, P, Nielsen, J and Pagone, T (2008). Introducing the Law, 7th ed, North Ryde:CCH. 16. When advertisement statutes at the end of your appointment you should accommodate to the format: Acts Interpretation Act 1901 (Cth). Account the statute alone already – you do not account alone area numbers relied on. You should not account textbooks as the antecedent of Acts – the Act itself is its own source. 17. When advertisement cases accommodate to the format: Gordon v Richards (1976) 123 CLR 32. 18. When advertisement commodity accommodate to the format: Jones, J 'The new assay of law' (2010) 4 Journal of Recent Law 34. 19. Make abiding that your sentences are grammatically actual –it may be advantageous to apprehend your appointment out loud if you accept any doubts about this.
Please do not accede the Competition and Consumer Act 2010 (Cth) or the Sales of Goods Act 1923 (NSW) in answering these questions, as we accept not yet covered that topic. Be brash that the chat absolute of 2,000 words is a absolute for both questions (not 2,000 words for anniversary question). Amuse accomplish abiding you chase the presentation and stylistic rules independent beneath 'Presentation' below.
Familiarise yourself with the ILAC archetypal by acknowledging with the account activities. These activities accept been brash to advise you how to anatomy a acknowledged assay of a botheration based question. ILAC stands for Issue, Law, Application, and Conclusion. It allows us to anatomy acknowledged analysis. Use ILAC as a apparatus for organising your cerebration and your writing. Think of it as a aberrant approach that allows you to abutment the accoutrement of your argument. Remember that back application ILAC you must:
1. Analyze the acknowledged issue. The affair is the best important aspect in the assay and charge be declared in a way to appearance what is in controversy. You are appropriate to clear the affair by creating the acknowledged catechism presented by the facts. To acquisition the issue, ask: “what is in altercation in these facts.” You should use the afterward language: “The affair is whether …”
2. Accompaniment accordant law (cases and legislation). Afterwards you accept articular the issue, you charge accompaniment the accordant law. The law and the facts are accordingly linked. Your assay of the facts will not accomplish faculty unless you analyze the law that is appropriate to acknowledgment the catechism that contains the acknowledged issue.
3. Apply the law to the facts. You artlessly bout up anniversary aspect you accept articular in the law (in order) with a fact. You may use the chat “because” to accomplish the affiliation amid law and fact. Application the chat “because” armament you to accomplish the affiliation amid law and fact. You may additionally use the words “as” and “since”. These serve the aforementioned action as “because”.
4. Conclude anniversary affair afore cartoon your final all-embracing conclusion. There is no appropriate or amiss answer, alone analytic assay based on the aphorism and the facts that again leads to a reasonable conclusion.
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