Question 1 (20 marks)

Avinash is a regular visitor to a local caf that provides a self-service facility where customers have the option of selecting a drink or food item from a menu displayed on a touch screen located near the counter. To select a product, a customer only has to touch an image or icon showing the desired product, and then touch a virtual 'OK' button to submit an order. The order is relayed to the caf's front counter where the cashiers can view it on their own screens.

Customers using the touch screen are immediately issued with a printed ticket containing an order number and the price payable at the front counter.

Customers present these tickets to the cashiers who confirm the relayed order appearing on their screens. At this point, the customers pay for their purchases and await delivery.

This system is designed to save time during peak periods and is very popular. Some customers place their orders as takeaways, while others, like Avinash, prefer to be seated and consume them on the premises. These preferences are preselected by the customers when they use the touch screen.

When Avinash reached the cashier, he paid $4 for the coffee he had ordered and then took a seat waiting for it to be served at his table.

The next morning, Avinash returned and ordered his usual coffee- and for the first time, a Danish pastry- using the self- service facility. The total cost was $7.50 which he duly paid. As he sat in the caf consuming his drink, he bit into the pastry and struck something hard, breaking a tooth. He examined the chewed remains and found a piece of metal that had somehow been lodged in the pastry.

Avinash alerted management to this incident and demanded compensation for his anticipated dental repair. The manager expressed regret and directed Avinash to the ticket he had received which on its reverse side, contained a clause stating:

This caf accepts no responsibility or liability for any injury caused to

customers by consumption of food or drink sold.

In response, Avinash exclaimed, 'I'm a consumer and I have rights!'

Required

(a) Explain how the contracts Avinash made with the caf were formed.

You will need to address all the essential elements of a contract (including consideration) as well as analyse the legal status of each step or event that led to the caf supplying Avinash with its products. Refer to relevant case law. In this part, do not discuss the impact, if any, of consumer protection laws.

You may, but are not obliged to use the IRAC format for this part, given that each step or event must be analysed separately.

( 10 marks)

(b) Explain whether the caf is legally entitled to rely on the clause printed on the ticket to avoid liability in relation to Avinash's mishap.

For the purposes of this part you should consider both common law as well as consumer protection legislation (confirming whether Avinash qualifies as a 'consumer').

Please use IRAC format for this part.

( 10 marks)

( Continued)

Question 2 (10 marks)

'In contrast to express terms found in a contract, implied terms can arise in a variety of ways and are beneficial to at least one of the parties to the contract. Some contracts may contain both express and implied terms, but the ways these two types of terms operate are significantly different from one another'.

Required

Discuss this statement by reference to cases and legislation, providing examples of each.

You need to justify your view as to whether these two types of terms are 'significantly different from one another'.

In addition, include as an example in your discussion, reference to the types of terms indicated in the facts of question 1.

( 10 marks)

Overview of the task

Task: Assignment consisting of two main questions. ( Question 1 has two sub-parts).

Total marks: 30

Total length of both questions: 2,000 (minimum) - 2,500 Words ( not including footnotes (or other internal references) and bibliography)

Due Date:end of Week 9 of the semester: Friday 27 April (21.59 pm Malaysia time)

How to submit

(1) You must submit a softcopy of your assignment through VU Collaborate drop box by the due

date. This allows for official receipt of the assignment, and Turnitin analysis.

AND

(2) You must also submit a hardcopy at your first class in Week 10. The hardcopy must be the

same as the softcopy, and include a declaration form. It will be marked and returned to you

with a feedback sheet.

Details of the task

• The assignment is to be completed individually and requires students to undertake their own research of academic materials outside of those prescribed or provided in the unit as a basis for their completed assignment (e.g., legal journal articles, case summaries, other texts).

• Students mustread and follow all instructions carefully and familiarise themselves with the VU Academic Integrity and Plagiarism policies.

• Question 1 of the assignment should be written using the IRAC method. Question 2 should be written in the style of an essay.

• Statements of law shouldbe supported with appropriate references to Australian law (cases) and relevant textbooks/articles/journals.

• Students shouldbe wary of using internet sources that are not of acceptable academic standard. For example, wikipedia, or similar sources are not acceptable.

• A bibliographyis required.

• Referencing style: see https://www.vu.edu.au/library/get-help/referencing/referencing-guides

• Scholarly writing, plagiarism and copyright

oPart of what it means to be a 'scholar' is to engage with the work of others, for example, to extend or refine one's own ideas, critique the work of others, or test and extend theories. Learning and assessment activities therefore often require you to gather information from a number of sources. This may include factual information, data or calculations, visual artefacts and written texts. Whenever you use the work of another person, you must acknowledge that source using the correct referencing system. Failure to acknowledge other people's work appropriately may be regarded as plagiarism or academic misconduct. Use of one's own previous work in satisfaction of a new assessment requirement is also not be allowed unless it is an explicit requirement for the unit.

oVU deals with plagiarism according to the Academic Integrity and Preventing Plagiarism Policy.

oVU uses Turnitin for the review of written assessments. Turnitin checks submitted work against sources from across the world, and provides a report detailing the use of third party text and references. Written assessments are automatically submitted via Turnitin in the unit site. You may be provided access to submit assessments early and review the reports, to help you understand where referencing should occur.

oAll students and staff of Victoria University are also bound by the requirements of the Copyright Act (1968) and the University's Copyright Material (the Use of) Policy when using third party copyright material in the course of their research and study. Please ensure that you familiarize yourself with this policy and the rules around use of materials produced or owned by others. For information on copyright entitlements and responsibilities for study and research please see vu.edu.au/library/referencing-copyright/copyright

• Adjustment to assessment arrangements

If you are unable to undertake or complete an assessment due to adverse circumstances the following arrangements may apply:

Late submission of assessments - Short extension of time

If you are unable to submit an assessment item on time, due to circumstances outside your control, you may apply for a short extension of time of less than five (5) working days. The standard penalty for late submission without an approved short extension will be 5% of the total possible mark per working day. If submission is overdue by more than ten (10) working days, the work will not be assessed. Full details of the procedure for applying for a short extension are available here. You can download the form from the policy library or use the quick link here.

• Preparation

Students are expected to review the relevant topics (i.e., lecture materials and relevant chapters of prescribed textbook) as well as to conduct more in-depth research into the topic using a variety of reputable academic resources.

It is recommended that begin researching the assignment as early as possible.A markingrubric for this task will be made available in the Assessments module of this space.

• Assessment Criteria and Submission

oAll assignments are to be submitted electronically via the Assessment Dropbox provided. Assignmentswill be submitted viaTurnitin, whereoriginality reports will be generated and can be viewed.

oStudents should endeavour to achieve less than 30% similarity.

oAn assignment declaration form must be submitted with the assignment.

Marc Posthouwer,

Unit co-ordinator, BLO1105 (Sunway).

College of Law and Justice,