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AUSTRALIAN LAW QUESTION: PLEASE CITE RELEVANT LEGISLATION RELATING TO AUSTRALIAN LAW Cite cases and legislation (including international legal instruments and principles) in fullyou need not
AUSTRALIAN LAW QUESTION: PLEASE CITE RELEVANT LEGISLATION RELATING TO AUSTRALIAN LAW Cite cases and legislation (including international legal instruments and principles) in fullyou need not cite the source of the case or legislation (for example if you research the facts from our textbook or another textbook or an article
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Description This assessment provides you with another opportunity to formalise a written answer to legal problems (hypothetical fact scenarios - HFS), albeit at a more advanced level, with an expectation of legal research. This assessment is the second step in acquiring the skill of legal argumentation, which is set as a discipline-specific skill with which to enhance your writing abilities, as well as to provide a deeper understanding of the workings of law for commerce. It is important that your discussion focuses on analysing the facts of the HFS and applying the law to those facts. Marks will be awarded for: your identification of the issues and the material facts that are relevant to those issues; your identification of the law (cases, legislation and legislative provisions, international law conventions) that applies to those facts and issues; and most importantly, the application and analysis of the law as it applies to those facts and issues. Generalised statements of legal principles that is, those that are not sufficiently relevant to the facts will attract limited marks only; a conclusion, which is either certain, or dependent on the facts of the scenario, uncertain. In other words, if you are unable to conclude with certainty, please explain why. ASSIGNMENT QUESTIONS CASE STUDY: GEORGE AND HIS FAMILY Scenario One (12 marks) George goes to Eddie's Electrics to buy a new printer. The salesman tells him that the best value one is out of stock. He also adds that it will do everything that George needs it for. The salesman says George can order one, pay for it now, and the salesman will arrange to deliver it free of charge within five days. George is happy with that and signs the order form with his payment in full. When the printer arrives, his wife Mildred has to open it, because George is in hospital and is likely to be there for quite some time. On her visit to George, Mildred tells him that she has checked out the printer, but it does not have a scanning function, which they need. George tells her to take it back to the shop. When Mildred goes there, the salesman says that they can't give a refund, because the contract is with George. She explains that George is in hospital and that she needs to use the printer (and scanner) in the meantime, but the salesman won't budge. Is Eddie's Electric correct that Mildred cannot get a refund on George's behalf? Why/Why not? Please use case law to support your answer. (Do not discuss genuine consent e.g., misrepresentation, mistake etc.) Description This assessment provides you with another opportunity to formalise a written answer to legal problems (hypothetical fact scenarios - HFS), albeit at a more advanced level, with an expectation of legal research. This assessment is the second step in acquiring the skill of legal argumentation, which is set as a discipline-specific skill with which to enhance your writing abilities, as well as to provide a deeper understanding of the workings of law for commerce. It is important that your discussion focuses on analysing the facts of the HFS and applying the law to those facts. Marks will be awarded for: your identification of the issues and the material facts that are relevant to those issues; your identification of the law (cases, legislation and legislative provisions, international law conventions) that applies to those facts and issues; and most importantly, the application and analysis of the law as it applies to those facts and issues. Generalised statements of legal principles that is, those that are not sufficiently relevant to the facts will attract limited marks only; a conclusion, which is either certain, or dependent on the facts of the scenario, uncertain. In other words, if you are unable to conclude with certainty, please explain why. ASSIGNMENT QUESTIONS CASE STUDY: GEORGE AND HIS FAMILY Scenario One (12 marks) George goes to Eddie's Electrics to buy a new printer. The salesman tells him that the best value one is out of stock. He also adds that it will do everything that George needs it for. The salesman says George can order one, pay for it now, and the salesman will arrange to deliver it free of charge within five days. George is happy with that and signs the order form with his payment in full. When the printer arrives, his wife Mildred has to open it, because George is in hospital and is likely to be there for quite some time. On her visit to George, Mildred tells him that she has checked out the printer, but it does not have a scanning function, which they need. George tells her to take it back to the shop. When Mildred goes there, the salesman says that they can't give a refund, because the contract is with George. She explains that George is in hospital and that she needs to use the printer (and scanner) in the meantime, but the salesman won't budge. Is Eddie's Electric correct that Mildred cannot get a refund on George's behalf? Why/Why not? Please use case law to support your answer. (Do not discuss genuine consent e.g., misrepresentation, mistake etc.)
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