Who is products acquisition manager for a large super market

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Reference no: EM132271983 , Length: word count:1350

Business Law Assignment -

Learning Outcomes -  

  • Explain and apply the fundamental principles of Australian Business Law which covers the areas of the Australian legal system, contract law, agency, law of tort and corporations law.
  • Analyse how Australian Business Law has developed to resolve business challenges and identify limitations to its current scope.
  • Use research and analysis skills to critically evaluate the principles of Australian Business Law.

Group Assignment Question -

On September 5 Robert wrote to Cameron offering to sell 50 metric tons of wheat at $250 per metric tonne. On September 7 Cameron posted a reply in which he accepted Robert's offer but added that if he did not hear to the contrary he would assume that the price included delivery to his (Cameron's) warehouse. The following morning, before Cameron's letter arrived at Robert's office, Robert read a posting on the internet which stated that the price of wheat was about to fall and he immediately sent an email to Cameron stating 'our price of $250 includes delivery'.

On receiving Robert's email at 10am on September 8, Cameron posted a letter to Robert confirming his acceptance of Robert's terms. By mid-day, however, Cameron also saw the posting on the internet which indicated that wheat prices were about to fall and, having considered the matter, sent an email to Robert stating 'I do not accept your offer of wheat'.

The price of wheat fell to $230 per metric tonne and Cameron refuses to accept any wheat from Robert.

Question 1: Advise Robert regarding the above.

Robert also owns a dairy farm business. At a recent industry event, he met Camille, who is products acquisition manager for a large super market chain, Super Supplies Ltd. Their conversation led to Camille offering to do business with Robert. A deal was struck for Robert to sell milk to Super Supplies Ltd for a trial period of six months. Camille gives Robert Supper Supplies Ltd's standard order form. This form contains details of the quantity and dates on which milk is to be delivered by Robert. Robert is excited at getting this business opportunity and signs the order form right away. In signing the order form, Robert, did not notice two clauses on the back in a fine print.

Clause 1.5 'Super Supplies Ltd reserves the right to cancel the order at any time.'

Cause 1.7 'Supper Supplies Ltd limits its liability for any damage whatsoever and howsoever caused in the performance of its contractual obligations to $1000.'

Four weeks later, Robert receives an email from Camille telling him that Super Supplies Ltd has determined to cancel all future contracts with immediate effect. As a result of this Robert sustained $6000 in lost profit.

Question 2: Advise Robert regarding the above

Robert and his wife are fans of the characters in the Don Quixote book. He heard that the Sancho Panza musical is coming to town. It could not have come at a more appropriate time as he wanted to surprise his wife for their wedding anniversary. He purchased two tickets to go to the theatre to watch Sancho Panza. He was told that his favourite actor, Alfonso Pereira, would be starring in a leading role in that show. Unfortunately Alfonso broke his leg before the show and was replaced by a substitute. Robert tried to cancel the ticket as he no longer wanted to see the show in the absence of his favourite actor. The theatre responded that they would hold the seat for the reservation made and that no refund would be possible.

However, the night before the show the theatre was flooded when a water main in the road outside burst and the show was cancelled. The theatre still refused to refund her ticket price.

Question 3: Advise Robert on any claims he may have against the theatre and any issues which may arise. Would your answer be different if the flood was caused by a cleaner smoking in the auditorium and being unable to turn off the sprinklers that were set off by the smoke?

Note - Only question one needs to be done word count would be around 1350, excluding citations, quotations, footnotes and bibliography.

Attachment:- Assignment File.rar

Reference no: EM132271983

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Reviews

len2271983

4/1/2019 4:18:00 AM

Word count: 1350. Only question one needs to be done word count would be around 1350, excluding citations, quotations, footnotes and bibliography. Submission Instructions - Submission must be received on CloudDeakin on or before 11.59 pm in Week 8. The Assignment Drop Box (Group Assignment) will remain open for additional five days for those who submit late subject to penalty specified. Emailed or faxed submissions WILL NOT BE ACCEPTED for any reason other than due to a CloudDeakin failure (the Unit Chair can verify this from CloudDeakin). You must submit your assignment to the Assignment Dropbox Group Assignment folder. You must keep a backup copy of every assignment you submit, until the marked assignment has been returned to you. In the unlikely event that one of your assignments is misplaced, you will need to submit your backup copy.

len2271983

4/1/2019 4:17:53 AM

Penalties for late submission: The following marking penalties will apply if you submit an assessment task after the due date without an approved extension: 5% will be deducted from available marks for each day up to five days, and work that is submitted more than five days after the due date will not be marked. You will receive 0% for the task. 'Day' means working day for paper submissions and calendar day for electronic submissions. The Unit Chair may refuse to accept a late submission where it is unreasonable or impracticable to assess the task after the due date.

len2271983

4/1/2019 4:17:47 AM

For more information about academic misconduct, special consideration, extensions, and assessment feedback, please refer to the document Your rights and responsibilities as a student in this Unit in the first folder next to the Unit Guide of the Resources area in the CloudDeakin unit site. Building evidence of your experiences, skills and knowledge (Portfolio) - Building a portfolio that evidences your skills, knowledge and experience will provide you with a valuable tool to help you prepare for interviews and to showcase to potential employers. There are a number of tools that you can use to build a portfolio. You are provided with cloud space through OneDrive, or through the Portfolio tool in the Cloud Unit Site, but you can use any storage repository system that you like.

len2271983

4/1/2019 4:17:40 AM

Remember that a Portfolio is YOUR tool. You should be able to store your assessment work, reflections, achievements and artefacts in YOUR Portfolio. Once you have completed this assessment piece, add it to your personal Portfolio to use and showcase your learning later, when applying for jobs, or further studies. Curate your work by adding meaningful tags to your artefacts that describe what the artefact represents.

len2271983

4/1/2019 4:17:33 AM

Marking guide: 40 marks total (100%)- Please see the attached rubric in a separate file fore a detailed mark breakdown. Questions 1-30% - Group identifies and defines the correct area of the law and legal rules relevant to the problem (5%), Analysis/Application of legal rules to the factual problems (20%) and Conclusion (5%). Checklist: Before submission, please check whether you have ... Saved the assessment as a word document (.doc or .docx ONLY) Included a word count for the assignment, Complied with the referencing rules and bibliography.

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