Your Task
Using the Case Study provided, you will need to undertake an analysis of the various legal issues that are identified, cite relevant rules applicable to the issues, explain the application of the rules to the facts/situation in the case scenario using the IRAC method.
CLWM4000 Business & Corporations Law Assignment
Assessment Description
You are required to answer the following two (2) questions, based on the Case Scenario below.
QUESTION 1
• In your answer explain the meaning of Contract and how the Elements need to be satisfied in order to make a Valid Simple Contract.
• You will need to address all the essential elements of a contract including (Offer and acceptance intention and consideration) as well as elements of a valid contract (Capacity Legality Genuine Consent Mistake (Unilateral Bilateral Mutual) Misrepresentation (Innocent Fraudulent Negligent) Durres Undue Influence and Unconscion ability.
• You will need to address and explain Remedies & Limitations available for Julie
• Please make sure you use statutory provisions and relevant cases to support your legal arguments.
CLWM4000 Business & Corporations Law Assignment-Kaplan Business School Australia
QUESTION 2
• Please advise Julie if Karla breached her Australian Consumer Law Guarantees or warranties under the Competition and Consumer Act 2010 (Cth) Schedule 2.
• In your answer explain to Julie what are her Australian Consumer Law Guarantees under the Competition and Consumer Act 2010 (Cth Schedule 2. You need to justify your view as to whether these guarantees are available and make sure you provide relevant statutory provisions to support your arguments.
• Explain the Remedies and Limitations available to Julie and Penalties that can be imposed to Karla
• Please make sure you use statutory provisions and relevant cases to support your legal arguments.
CLWM4000 Business & Corporations Law Assignment-Kaplan Business School Australia
CASE SCENARIO
Karla is a professional chef and now is currently running a new Italian restaurant in Victoria. As a professional chef, she has decided to add a new range of pasta dishes to her menu. In order to attract more customers Karla has placed a new large sign in the restaurant window promoting her new gluten free pasta range as the best pasta in town, made with all fresh ingredients.
Tom, a regular customer read the sign and he decided to take his wife Julie there for dinner on Friday night. Knowing that Julie cannot eat regular pasta Tom thought that it would be good idea to take her to Karla’s restaurant where she would be able to enjoy the gluten free pasta.
Julie ordered a pasta dish Ravioli and she asked the staff to confirm if the pasta was gluten free and the staff confirmed that all the pasta was gluten free. Unfortunately this staff member was new and did not know that “Ravioli” was not gluten free.
CLWM4000 Business & Corporations Law Assignment
After a few minutes of eating the Ravioli Julie started to feel very unwell and Tom had to take her to hospital. The doctor confirmed that she had had an allergic reaction to something that she ate. As Julie knows that she is intolerant to gluten she suspected that the Ravioli that she had eaten at Karla’s restaurant was not gluten free. As a result of her allergic reaction she will not be able to work for the next two days.
One of her major concerns it that as she works as a sole trader she is unable to claim any sick leave benefits and if she doesn’t work for those two days she will lose $500 in income.
Please explain if Karla as the owner of the restaurant could be liable under contract law and consumer law, for her staff that have indicated to customers that all the pasta was gluten free.
Assessment Instructions
• Your assessment is to be submitted via Turnitin in WORD format. PDF submissions will not be accepted
• You must follow the KBS presentation guidelines
• Please refer to the assessment marking guide to assist you in completing all the assessment criteria and for information on the use of references and legal citations
Important Study Information
Academic Integrity Policy
KBS values academic integrity. All students must understand the meaning and consequences of cheating, plagiarism and other academic offences under the Academic Integrity and Conduct Policy.
What is academic integrity and misconduct?
What are the penalties for academic misconduct?
What are the late penalties?
How can I appeal my grade?
CLWM4000 Business & Corporations Law Assignment
Word Limits for Written Assessments Submissions that exceed the word limit by more than 10% will cease to be marked from the point at which that limit is exceeded.
Study Assistance
Students may seek study assistance from their local Academic Learning Advisor or refer to the resources on the MyKBS Academic Success Centre page.
CLWM4000 Business & Corporations Law Assignment-Kaplan Business School Australia