FF! Federation i I:- University BULAW5914 Commercial Law Assignment Information about the Assignment: How to submit Week 9: 23:59 hrs, Sunday, 7 May 2023. The assignment must be submitted in word format through the Turnitin submission link on Moodle. Topics covered by Assignment Topics C & D Maximum word limit Total marks 3000 words 30 Percentage of nal grade 30 Referencing APA 7"h edition or AGLC 4"1 edition (available online) Reference list! Bibliography? Yes Assessment criteria: The assignment will be assessed on the extent to which the student has: - Conducted independent research relevant to the topic, including the use of secondary legal sources including, several legal texts, authoritative materials from internet sites and academic (peer reviewed) journal articles and books. - Answered the set question(s) through identification and discussion of relevant legal issues. - Demonstrated an understanding of the topic, presented different points of view (if applicable), presented well-constructed arguments, and demonstrated critical thinking. - Provided proper citations for legal sources in footnotes and a bibliography or reference list. - Used clear expression. Assignment Topic: Students should refer to relevant case law and legislation in their responses. Question 1: (15 Marks) Jim owns and operates a garden shop and landscaping business. In January 2023, he manages to procure a large number of old railway sleepers. These sleepers are highly coveted by many gardeners for use as decorative retaining walls, borders, and garden steps. As part of a marketing plan intending to increase customer loyalty, Jim sends a pamphlet to his regular customers telling them a special price for the sleepers. Special Offer! Top quality railway sleepers for sale. ideal for retaining walls, borders, and garden steps. Special price of$100 for 5, while stocks last. The weather, however, stays very mild for the time of year and Jim's landscaping business sales soar. By March sales are still high. Sam negotiates with his supplier for another load of sleepers. Due to high demand, these sleepers are more expensive. Jim must sell them for $100 for 3 to make the same profit. Jim does not send out a pamphlet this time; instead, he places a sign on the sleepers in his yard that tells of the new price. Prabal and Sonia, a newlywed couple have been saving up for landscaping their garden. They intend to enter a contest for the TV show \"Home and Garden\". They relied for their budget on Jim's pamphlet. When they arrive at Jim's yard and nd a sign forthe new price ofthe sleepers they are upset. The price would not allow them to nish their project in time forthe contest. Prabal and Sonia show their pamphlet to Jim and demand the sleepers at a lower price, that is, $100 for 5. Required: Relying on your knowledge of the law of contract, advise Jim as to whether he is bound by the lower price. Refer to relevant case laws, if any, in support of your answer. You do not need to consider Australian Consumer Law to form your advice. Question 2: (15 marks) Mike had longed to buy a new car for some years. Unfortunately, his job as a sanitation engineer did not pay very well at all, and he was unable to afford anything more than a bicycle. However, after months of saving he had saved enough to buy a small, second-hand car. The moment he drove out of the car yard, Mike was the proudest of all proud car owners. He was, perhaps, a little too proud. His belief in his driving skills was misplaced. As he came to the intersection of a major highway. Mike indicated, checked his rear-view mirror, but completely forgot to slow down. Ten metres from the intersection he remembered, and applied his brakes with great force. The car spun out of control and collided with an electlicity pole. Jenny who was waiting for her bus near the electricity pole suffered minor injuries in the accident. Mike was slightly hurt but had been wearing a seat belt which had prevented serious injury. The collision with the electricity pole cut the electricity to several suburbs, with consequent inconvenience and some expense. In particular, the Fancy Shoes factory had to shut down its operations. The shutdown lasted for two days; on the first day, the factory was without electricity. On the second day, electricity was restored, but the manager decided to take the opportunity to carry out some urgent maintenance work. Required: Discuss the Common law legal position of Jenny and Fancy Shoes in an action of negligence against Mike. Criterion-Referenced Marking Rubric (applied separately for each question)