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Scenario 2 (12 marks) Upon turning 21, Eva inherited a large sum of money from her grandmother. She decided to purchase a townhouse from Dockland

Scenario 2 (12 marks)

Upon turning 21, Eva inherited a large sum of money from her grandmother. She decided to purchase a townhouse from Dockland Pty Ltd (Dockland) as an investment property. Prior to signing the Contract, Dockland advised her that they would be constructing wetlands adjacent to her property, which would give a lovely view and likely increase the value of her property.This promise was backed up with copies of drawings, designs and emails. It was upon that promise that Eva purchased the town house and signed the Contract. Clause 38 of the Contract states:

Entire agreement

To the extent permitted by law, in relation to the sale of the Land by the Vendor to the Purchaser, this Contract:

(a) embodies the entire understanding of the parties, and constitutes the entire terms agreed on between the parties; and (b) supersedes any prior written or other agreement between the parties.

After purchasing the town house, it became apparent that Dockland was no longer going to construct wetlands. Eva knows that you are studying Law for Commerce and remembers you mentioning something about collateral contracts. She decides to sue Dockland for a breach of a collateral contract.

Advise Eva if she will succeed in her claim.

Please use case law to support your answer.

Note: Research is required for this scenario. You may rely on the course materials to answer this question but it is expected that you research beyond the course materials.

Scenario 3 (6 marks)

Eva has just turned 24 and in her third year of employment at Bushfield Education Pty Ltd (Bushfield), which is a private education provider in Australia. She works as an international officer, with specific responsibility for relationships with the small but extremely wealthy country of Simbui in the Pacific. She goes there twice a year to run information sessions for prospective students and to liaise with the government and college officials who send their students to Bushfield to complete their qualifications in Nursing.During the last visit, she discovered by chance that Simbui's government officers were using girls as young as 12 to undertake menial tasks in the hospital for up to 10 hours a day, and they were not even paying them. Rather, they promised the girls that, once they turned 16, they would send them to Bushfield in Australia to complete their studies.

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Eva is shocked, but these students represent a lot of income to the business and, despite their age, they generally do reasonably well in their studies, although considerable allowance is made for their rather poor English.Eva knows that Bushfield is a member of the Global Compact Network Australia. She is also familiar with Article 32 of the United Nations Convention on the Rights of the Child (UNCRC), so she decides to she bring this to the attention of her company's CEO through her immediate supervisor.Advise Eva which four UN Global Compact principles she should highlight to her supervisor, and how these four principles and Article 32 of the UNCRC have been breached.

Note: Research is required for this scenario. The course materials WILL NOT be sufficient to make an answer for this scenario because of the International Law component, which is not taught formally.This particular question focuses specifically on ULO4 - which requires students to recognise that international legal standards have a bearing on commercial practises in Australia. YOU DO NOT NEED TO USE IRAC FOR THIS SCENARIO BUT YOU MAY DO SO IF YOU WISH TO.

Guidelines for Completing Assessment 2 The objective of this task is to provide you with another opportunity to formalise a written answer to a legal problem (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 hypothetical problem 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 and articles) 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 dependant on the facts of the scenario, uncertain.In other words, if you are unable to conclude with certainty, please explain why.

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There is a research component to this assessment (scenarios two and three require research beyond the course materials to excel, and scenario three is almost purely research based). You are expected to conduct your own research on the case study scenarios. There is no minimum or maximum number of resources that you must include, but all material must be correctly referenced according to the Deakin Harvard style of referencing.It is NOT about how many references you use, but rather the relevance and quality of those references that you select.It is once again emphasized that you need not reference the textbook, study guide, class lecture slides, or materials provided by your seminar tutor.***YOU ARE REQUIRED TO COMPLETE THE LEGAL RESEARCH FOR COMMERCE UNITS MODULE IN THE RESOURCES BEFORE THE DROPBOX FOR ASSESSMENT TWO WILL OPEN.

Referencing For Assessment Two, you are required to provide a Reference List (using Deakin Harvard style of referencing) indicating the sources used.

Please provide answers for both as per the instruction using IRAC method.

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