CONTRACT LAWRequirements: You are expected to independently research the relevant legal area and write an answer to the question prescribed in the assignments – Question 1 and Question 2. The word l

If you are looking for affordable, custom-written, high-quality, and non-plagiarized papers, your student life just became easier with us. We are the ideal place for all your writing needs.


Order a Similar Paper Order a Different Paper

CONTRACT LAW

Requirements:

  1. You are expected to independently research the relevant legal area and write an answer to the question prescribed in the assignments – Question 1 and Question 2.
  2. The word limit for each of the Assignment must be between 850 to 1000 words.
  3. Harvard Referencing
  4. Contract Law –

    Your answer must provide relevant justifications and refer to legal principles and cases to support your discussion.


QUESTION 1:

Bob Burke is a graduate in marketing. After working for a well-known marketing firm for three years, he decides to establish his own business specialising in marketing issues relevant to business websites. He inspects an office in a new shopping centre in Melbourne owned by Southfield Shopping Centre Ltd (Southfield). The managing director of Southfield is Ken Keen. Bob wants an assurance to that effect that no other similar business will be allowed to lease premises at the shopping centre before he signs the lease. This is verbally agreed and given by Ken. Bob signs the lease agreement without reading it. The lease agreement contains a clause to the effect that the lease terms and conditions represent the entire agreement between the parties and excludes any oral or verbal representations by any representative of Southfield. The shopping centre proves to be a financial failure for Southfield due to the high vacancy rate of the shops. Accordingly, six months later, the company allows another business that is similar to Bob’s to lease premises in order to help reduce the financial pressure upon it. As a result, Bob’s business declines due to the competition. When Bob complains to Ken, he is told that there is no clause in the lease agreement preventing the company from letting premises to a competitor in the same industry, and that the verbal assurance given by Ken is not binding because of the disclaimer clause in the lease contract. Advise Bob of any rights he may have under common law and statute


QUESTION 2

Andrew and Margaret visit their local travel agent to discuss the possibility of taking a holiday on an island off the Queensland coast. Neither has previously travelled outside Melbourne and they explain to the agent that they would like his advice on the best value available, specifying they would like a restful holiday. They require access to a nice beach and facilities for golf and water skiing. The agent recommends that they go to Gunk Island, which he assures them, will satisfy all their stated requirements. They book accordingly. Gunk Island fails to live up to their expectations. Their accommodation is a deserted cabin with no water, no toilet facilities and no vehicle access. It appears to have been deserted for some time. The only beach within walking distance is covered with rocks and coral, and is very unsuitable for swimming. There are no facilities for water skiing and the only golf course on the island is a mini golf course in the village, four kilometres away, which has been vandalised by youths. The price paid by Andrew and Margaret for their holiday package was approximately the same as for most alternative resorts for which they had been shown brochures by the travel agent. Upon their return to Melbourne, Andrew and Margaret consult you and state that they wish to take legal actions against the travel agent. They point out that, apart from the cost of the holiday, they have incurred other expenses. These include the cost of medical treatment for Margaret, who suffered a nervous breakdown as a result of unsatisfactory facilities on Gunk Island; Margaret’s anticipated loss of wages (she will be unable to resume work for at least three months); and the cost of additional airfares incurred. They instruct you because the facilities at the resort were so poor they decided to catch an earlier flight home. As a result, they had to pay an extra amount for their flight as their holiday package required them to fly home on a specific date. Advise Andrew and Margaret as to their prospects of success in an action against the travel agent. If they succeed, what will be the extent of the remedies that will be available to them?

Your answer must provide relevant justifications and refer to legal principles and cases to support your discussion.

CONTRACT LAWRequirements: You are expected to independently research the relevant legal area and write an answer to the question prescribed in the assignments – Question 1 and Question 2. The word l
HOW DO I WRITE A LEGAL ESSAY? STRUCTURE AND ORGANISATION How you structure and organise your essay is just as important as the research you have done. If your essay does not ‘flow’ or your material is presented in a haphazard fashion, not even exhaustive research will improve your grade. The following is an approach that a student can take. Introduction Body paragraphs Conclusion Introduction The introduction of your essay is what grabs the reader first. It should clearly inform the reader of the essay’s purpose or central thesis, providing a compelling reason to read the paper. As well as setting out a good structure in the introduction, it is useful, along the way, to further signpost your argument by using subheadings. These can serve to explaining what’s to come in each specific section of the essay. A good introduction has four key elements. It provides a context to your discussion, primarily by articulating the question that the essay is designed to answer. It presents your thesis – i.e., the arguments you will be making. It clearly sets out the parameters of your discussion. Finally, it offers a brief outline of the structure of your essay – ‘signposting’ or guiding the reader through your various arguments. In addition, it is possible in an introduction to indicate what ‘answer’ or conclusion the essay will put forward. State the question the essay is designed to answer Sign-posting – guiding your reader State the question the essay is designed to answer It is important to set out the purpose of your essay in your introduction. This is so even when an essay topic has been prescribed for an assignment and you note on a cover sheet which question you’re addressing. Is there a need to answer a question? If so, set out that question in the introduction and explain how you propose to answer it.  Sometimes an essay may not be answering a question. Instead, it may be something like a review of someone else’s work. Whether your essay is answering a question, or doing something else like reviewing another’s work, the important thing is to make the ‘terms of your inquiry’ clear for your reader. By making the purpose of your essay clear in your introduction you help your reader follow the arguments you are making. We have provided citations below to articles that clearly set out their purpose in the introduction or abstract. For example: This article clearly sets out in its abstract that it will conduct a close reading of the Anti-Counterfeiting Trade Agreement as a way to test the veracity of two key claims made about the agreement. (Kimberlee Weatherall, ‘Politics, Compromise, Text and the Failures of the Anti-Counterfeiting Trade Agreement’ (2011) 33 Sydney Law Review 229) This article, in its introduction, establishes its academic context and identifies the absence of meaningful work which considers the human rights implications of financial crises. It clearly sets out four aspects of the global financial system as objects of study: bonds; derivatives; risk management; and procyclicality. (Mary Dowell-Jones and David Kinley, ‘Minding the Gap: Global Finance and Human Rights’ (2011) 25 Ethics and International Affairs 183) Sign-posting – guiding your reader A hallmark of good essays is that they set out clearly in their introduction not only what question they are addressing, or what their purpose is, but also how it is they will answer the question posed. By putting in your introduction a description of how the essay will proceed, you alert readers to what to expect, and introduce them to the contours of the argument to come. The following is an example of how to flag structure in the introduction. This article establishes in its introduction not only its purpose but also the stages of the argument that it will make: first, an identification of concepts traditionally considered as distinguishing government from charity; next, a critical consideration of the definitional value of those concepts; and finally, a novel proposal for drawing the line between the two sectors. (Matthew Harding, ‘Distinguishing Government from Charity in Australian Law’ (2009) 31 Sydney Law Review 559) Body Paragraphs The body paragraphs of an essay provide the context and analysis of your legal issue or situation. You will need to demonstrate that you have a sound understanding of the topic being discussed, and your arguments should be presented clearly and persuasively. Alternative positions or sides to the arguments you present should not be ignored – these may offer a rich counterpoint to your own viewpoint. They also indicate to the marker that you have considered the various contested aspects of an issue but have nonetheless come to a reasoned position pursuing a particular argument. There are various ways in which this analysis can be organised. You should experiment with different structures as you develop your ideas and choose a structure that supports your analysis. This section provides suggestions about how to guide your reader through the body of your essay. Topic sentence Transitions and paragraph conclusions Topic sentence It is important to indicate at the beginning of a paragraph the focus of the paragraph. This is achieved by using a topic sentence or sentences. As well as signposting to the reader what the paragraph is about, a topic sentence is a useful device for the writer to assess whether all the content in the paragraph is relevant. Examples of good topic sentences. In this section, an overview of the parole practice in different jurisdictions is introduced by three sentences which set out the key criteria for determining parole and making a general claim about jurisdictional practice which will be substantiated in what follows. Topic sentences can also be used to summarise a general position reflected in academic commentary, with the following paragraph going on to discuss the specific approaches taken or the finer details of divergence. A paragraph could begin as follows before getting into the specific views of individual commentators. ‘Some theorists have questioned the normative value of shareholder value,…’ Transitions and paragraph conclusions Body paragraphs may canvass a variety of subjects, but the transitions between them should be seamless. This will prevent the essay from appearing disjointed. A good writer should not need to use specific transition words, but there are some that can be used for this purpose. For example, if a paragraph furthers a point previously made, transition words or phrases such as ‘moreover’ or ‘in addition’ may be useful; if the paragraph covers different ground, or poses the alternative argument, ‘however’ or ‘in contrast’ may be more appropriate. Each paragraph should also ‘conclude’, in a way related to the original question or topic posed in the paragraph’s topic sentence. Conclusion Your conclusion must answer the question posed in your introduction. It should contain no new material and be relatively short when compared to the rest of the essay. Essentially, it reiterates the main argument you have proposed.  Your conclusion is your last opportunity to remind the reader what your essay set out to do, and how you accomplished it. Your conclusion should, therefore, revisit the question posed, and, briefly, summarise how you answered it. Whereas your introduction sets out what you proposed to do or show, your conclusion will talk about what you did achieve through the course of your essay. Example of a good conclusion The conclusion to this article recaps the purpose, notes the main points made and what is new about the approach taken. It makes a comment on how others might employ the argument it sets out, and how the article fits with other observations in the field.

Are you stuck with another assignment? Use our paper writing service to score better grades and meet your deadlines. We are here to help!


Order a Similar Paper Order a Different Paper
Writerbay.net