Assessment 2 – LAW1100 – Commercial Law – T3, 2020

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Assessment 2 – LAW1100 – COMMERCIAL LAW – T3, 2020

Answer all five problem questions, supporting your answers with examples and application of relevant laws and concepts. Provide about 1000 words, with at least 10 credible references, including in-text citations.

Paper For Above instruction

Question 1: Ms. Sarah, working at an Infinity Bar in Melbourne CBD, consumed alcohol and, while intoxicated, accepted an offer from her friend to purchase a used TV for cash at around 11 PM. The next day, she realized she had entered into a contract for the TV and now wants to cancel it. Advise whether she can cancel the contract and on what grounds.

Question 2: Zion, a startup company selling skincare products, wants to understand contract law. Explain the difference between a contractual term considered a condition and one considered a warranty, providing two examples for each. Discuss whether the remedy differs if a condition or a warranty is breached.

Question 3: Mr. Mark purchased three underwear items from Clever Pty Ltd, which produces underwear and pajamas. After use, he developed a skin condition requiring medical treatment, affecting his ability to work as a truck driver. Applying tort law, advise whether Mr. Mark can claim damages from Clever Pty Ltd for the skin condition.

Question 4: Peter, an insane person, entered a contract with Thomas to buy a unique chair and table for $400, which at the time appeared to be a fair and reasonable price. Subsequently, Peter refused delivery and payment. Advise whether Thomas can recover damages for breach of contract under tort law.

Question 5: Elsa, recently turned 18, plans to purchase a bicycle from her aunty. Advise her on what constitutes good consideration to make the contract binding.

References

  • Chen-Wishart, M. (2018). Contract Law. Oxford University Press.
  • Poole, J. (2016). Textbook on Contract Law. Oxford University Press.
  • Treitel, G. H. (2015). The Law of Contract. Sweet & Maxwell.
  • McKendrick, E. (2014). Contract Law. Palgrave Macmillan.
  • Farnsworth, E. A. (2017). Contracts. Wolters Kluwer.
  • Cartwright, J. (2021). Contract Law: An Introduction. Routledge.
  • Beale, H., et al. (2019). Cheshire, Fifoot and Furmston’s Law of Contract. Oxford University Press.
  • Beatson, J., et al. (2020). Anson’s Law of Contract. Oxford University Press.
  • Hannigan, B. (2019). Commercial Law. Routledge.
  • Dodds, J. (2018). Understanding Contract Law. Routledge.

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