Age of majority act , Business Law and Ethics

Assignment Help:

Humble, a local high school student, wished to buy a moped. He intended to use it to get to and from school which was 3kms away. He also had a part-time job involving some travelling, which he did by public transport. Having the moped would make that part of his life easier.

After a thorough search, Humble found that Dodgy Motors Pty Ltd ("Dodgy") would offer him the best deal. Therefore on 16 July 2010, Humble signed a standard order form for the purchase of a 2010 moped, colour red, total purchase price (including all on-road costs) being $2,230, payable by way of a deposit of $1,000 with the balance of $1,230 payable thirty days after delivery. The order form was appropriately counter-signed by Bumble, Dodgy's sales representative. Humble paid the $1,000 deposit and happily rode away on his new vehicle.

Humble did not remain happy for long, for a few days later he was sacked from his part-time job and has not been able to find any other part-time work. Because of this, he failed to pay the $1,230 balance owing to Dodgy when it fell due on 16 August. In response to a written demand from Dodgy for payment, Humble explained his predicament, expressed his sorrow at being unable to honour the commitment he had undertaken, and pointed out that in any event, he had learned in his high school Legal Studies course that he did not have to pay Dodgy anything because he was only 17 years old.

When Dodgy's managing director, Grumble, received this letter, she was incensed at this apparent insolence. She showed the letter to her sales representative, Bumble, who had once studied law for a year. Bumble said that his dim recollection was that there might in fact be something to what Humble had written. Outraged at this latest example of the law's scandalous coddling of juveniles, Grumble telephoned the senior partner at the law firm where you are employed.

All of the above is related to you in a memorandum. You are asked to carry out some preliminary research and answer the questions below.

QUESTIONS

1. Is Humble of full age and capacity? Use the Age of Majority Act 1972 (WA), provided with this assignment, to explain your answer.

2. What is the ratio of Nash v Inman [1908] 2 KB 1? (5 marks) This case is available on the Westlaw database through the library homepage. If you are not sure how to access the case, look at the amended version of Workshop 3. The workshop contains instructions on how to use the database.

3. Section 2 of the Sale of Goods Act 1895 (WA) provides that minors must pay for necessaries. Necessaries in this section means goods suitable to the condition in life of such infant or minor or other person, and to his actual requirements at the time of the sale and delivery. This question requires you to consider whether the good is suitable to the condition in life of the minor (the first part of the statutory definition). Using the materials provided with this assignment explain whether a moped would be classed as a necessary. If you think you need additional facts explain what extra facts you might need and why they are required.

4. This question requires you to consider whether the moped is a necessary for Humble's actual requirements at the time of the sale and delivery (the second part of the statutory definition). Use the materials provided with this assignment to explain the following:

a. the arguments that could be used to support the proposition that the moped was necessary for Humble at the time of sale and delivery.

b. the arguments that could be used to support the proposition that the moped was not necessary for Humble at the time of sale and delivery.

If you think you need additional facts explain what extra facts you might need and why they are required.

5. If the moped is a necessary does Humble have to pay Dodgy Motors the balance of the purchase price?

Following are:

i) Detailed instructions about completing this assignment, including assessment criteria (at the end). You must comply with these.

ii) Materials that are essential to preparing your answer to the questions on the previous page. You may wish to consult other extrinsic materials in relation to the interpretation of the statute law provided with this document. I am not saying you must consult these other sources - this is for you to decide! Otherwise, you do not need to research beyond these materials and you MUST assume there is no other relevant legislation or cases. You may choose to locate and look at the full version of a case discussed in the materials. However, this is not a research essay, rather it is an assessment designed to test your problem solving skills. You do not need to do further research on the law in this area and must not go beyond the cases and legislation I have referred you to. I do expect you to have done, and to have applied, all assigned readings on problem solving, the doctrine of precedent and statutory interpretation.


Related Discussions:- Age of majority act

Purpose of a trial period in a contract of employment, QUESTION 1 S.38(...

QUESTION 1 S.38(2) and S.38(3) of the Employment Relations Act require that an employee should be given the "opportunity to answer the charge" before the employer decides to te

Forms of action, Forms of action: A minority of shareholders or an ind...

Forms of action: A minority of shareholders or an individual shareholder suing under one of the above exceptions may institute one of the following actions i) A personal ac

Right to sell - terms used in contract, Right to sell - Terms used in Contr...

Right to sell - Terms used in Contract With S.14 (a) provides that there is an implied condition such seller has a right for sell the goods and, like in the case of an agreeme

Acceptance - negotiable instruments, Acceptance - Negotiable Instruments ...

Acceptance - Negotiable Instruments Meaning The word "acceptance" such used in relation to bills of exchange like has a special meaning also. Acceptance of a bill of ex

Regulations regarding experiments on animals, REGULATIONS REGARDING EXPERIM...

REGULATIONS REGARDING EXPERIMENTS ON ANIMALS : You may be aware that experiments on animals are performed in the laboratories of educational and research institutions. You should k

When was international criminal court for rwanda established, When was Inte...

When was International Criminal Court for Rwanda established Moreover, in early 1990s the International Criminal Tribunal for Yugoslavia (ICTY) was established under UNSC Resol

Right to prior repayment, Right to prior repayment: Therefore this was...

Right to prior repayment: Therefore this was not variation of class rights since the existing preference shareholders had the same number of shares (and votes at a class meeti

Impose a duty on directors, Impose a duty on directors: A company is, ...

Impose a duty on directors: A company is, however, free to impose a duty on its directors to attend board meetings within a certain period of time and to prescribe the consequ

How will you plan to establish your own business, (a) How will you plan to ...

(a) How will you plan to establish your own business? (b) What are the merits and demerits in owning a business? (c) What are the aspects you have to think in establishing an

Write short notes on the litteral rule, QUESTION (i) Write on the healt...

QUESTION (i) Write on the health and safety issues in the hospitality industry (ii) Describe the hierarchy of courts in Mauritius and explain what you understand by the doct

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd