Your answer must be supported by relevant law and cases decided by Australian courts
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Practice Problems

Your answer must be supported by relevant law and cases decided by Australian courts

Purpose:

This assignment aims at ensuring that students have familiarised themselves with their chosen case problem type questions and are able to apply the legal knowledge to factual situations, through written and/or oral communication, to achieve a reasoned conclusion. The ability to identify the relevant legal issues from a factual situation and the application of statute and case law involves the use of problem solving and decision making skills.

PART A: Contract Law

Questions

• Select one of the following questions for Part A, from either from the 10th or 11th edition of the textbook Business Law, Gibson (& Osborne)

• 10th edition of Business Law – Chapter 11 – Q1, 2, 3 or 4 (p.305-306)

• 11th edition of Business Law - Chapter 4 – Q1, 2, 3 or 4 (p. 203,)

1) Answer the above legal case question using the IRAC (Issue, Rule, Application and Conclusion) method.

2) Your answer must be supported by relevant law and cases decided by Australian courts (preferably the High Court) and/or scholarly articles. A minimum of three scholarly, genuine and relevant references are required for this part of the report.

3) Your references must be listed in a Reference list at the end of the Part A question.

PART B: The Law of Torts and Negligence Questions

• For Part B, you can either select the case Esanda Finance v Peat Marwick Hungerfords for your report (a short summary of the case can be found in the 10th edition Business Law, p.148-149, or in the 11th edition on page 355, and the full transcript of the High Court case can be found on https://jade.io/article/68027) or;

• Alternatively, select the following question for part B - either from the 10th or 11th edition of Business Law

• 10th edition of Business Law, Chapter 5, q.5 (p.171)

• 11th edition of Business Law, Chapter 8, q.5 (p.378)

1. Answer the above legal case question using the IRAC (Issue, Rule, Application and Conclusion) method.

2. Your answer must be supported by relevant law and cases decided by Australian courts (preferably the High Court) and/or scholarly articles. A minimum of three scholarly, genuine and relevant references are required for this part of the report.

3. Your references must be listed in a Reference list at the end of the Part B question.

Assignment structure is to be written as a report format. It must include:

• Cover page

• Table of contents

• Part A – Contracts Law question

• Part B – Torts and Negligence question

• Paragraphing

• Page numbers

• Reference list at the end of the report

Hint
Business"IRAC stands for Issue, Rule, Application and Conclusion. It functions as a methodology for legal analysis and the format is used mostly in the hypothetical questions in law school and bar exams. 1. Issue : The most important skills needed to develop when engaged in legal analysis is issue spotting. Here, the issue is the question or the problem to be resolved by application of a...

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