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Assignment
The written assignment assesses unit Aims and Objectives 1, 2, 3 & 4 (these are listed on page 2 of the Study Guide).
All students must submit the assignment to be eligible to pass the unit.
Weighting: 35%
Date due: Friday, 30 March 2012
You must answer all three questions in your assignment. The total word limit is 2000 words and the total marks available are 35, representing 35% of the assessment for the unit.
The word limit includes headings and quotes, but not footnotes and bibliography. You may be penalised if you exceed this limit. It is recommended that you allocate your words according to the marks available for each question. Therefore, the suggested allocation is:
Question 1: 300 words
Question 2: 850 words
Question 3: 850 words
You must confine your answers to the course materials covered in Weeks 1 to 5.
Marking Criteria
The assignment, in order to pass, must represent a clear and well reasoned attempt to answer the question. The assignment will be assessed on the following criteria:
Does the answer reasonably address the legal issues raised by the question?
Is it a planned and organised answer?
Does it demonstrate an ability to identify the relevant legal issues, discuss the relevant legal principles, apply the relevant principles to the facts of the problem, and reach a reasonable conclusion in a way not at odds with that of the courts?
Does it demonstrate an ability to develop legal arguments and counter arguments?
Does it display clarity of English expression?
Does it include the correct use of legal terms?
Is the answer properly referenced? (Please see the University Plagiarism policy)
Does the answer provide authority for statements of law? Every statement of law must be supported by relevant legal authority. Such authority should be relevant cases or legislation mentioned in your textbook, in the additional readings, and in the lectures and tutorials.
Before you commence writing, please read pages 9 – 11 of the Study Guide about the unit assessment requirements and, in particular, the Guide to Answering Legal Problems on page 9.
Question 1 (5 Marks, 300 words).
Explain the principle of the separation of powers by reference to how the principle operates in the Australian legal system.
Question 2 (15 marks, 850 words).
Paul runs a flying business called Paul’s Aviation, based at the Armidale Airport. He owns several aircraft, including a couple of business jets. Paul also owns the aircraft hangar and attached offices, which are built on land leased from the airport owners (Armidale Dumaresq Council). Paul employs several professional pilots. Most of Paul’s business involves corporate charter flights. This means that a company will book one of the jets, along with a pilot, to fly its staff somewhere for work purposes, and then fly them back to Armidale.
Last January, five members of the staff of Armidale Investments Ltd arrived at the Paul’s Aviation hanger ready for a jet charter flight that they had booked to Adelaide. Eric, one of Paul’s pilots, was preparing for the flight. Eric pointed to a corner of the hanger and said to the staff “just stand over there for a bit while I get the plane ready. You should be safe there”.
Eric was in a bit of a hurry, and carelessly left an empty oil drum near the back of the jet. Then, to save time, Eric decided to start the jet engines in the hanger, instead of towing the plane outside first. Paul’s Aviation company policy was to never start jet engines inside the hanger.
The blast from the jet lifted the empty oil drum into the air. The drum bounced into another plane, smashing the windscreen and showering the staff with broken glass and debris. One of the staff members, Michelle, was struck in the eye with broken glass.
Michelle was taken to hospital and spent $1,500 in medical bills. Despite the best possible treatment, she has lost sight in her right eye. She was unable to work for six weeks while she recovered, and missed out on $6,500 in wages. Because she missed the flight to Adelaide, Michelle could not invest in the Adelaide Wine Company as she had planned to do. Based on the profits of the four staff who did invest, Michelle could have made $2,000 profit on her investment.
Explain if Michelle has a case against Paul in negligence.
In your answer, discuss what damages Michelle may receive.
Also discuss whether Eric has any liability.
Question 3 (15 marks, 850 words).
Tom’s parents died in a car accident when he was four years old. He went to live with his Uncle Kevin and Aunt Carol who became his legal guardians. When he was older, Tom trained as a baker. In 2011, Kevin helped Tom to set up a business in the local Centro shopping centre. Kevin bought the equipment for the shop and paid the first month’s lease fee of $2500. Tom respects Kevin’s advice as Kevin has owned and managed a clothing shop in the same town for 20 years.
Kevin’s clothing shop is in a quieter part of town and has been losing business since the Centro shopping centre opened. In January 2012 Kevin decided to retire and made a proposition to Tom to leave the busy Centro shopping centre and lease Kevin’s shop for $2000 per month. He said that Tom’s customers would follow him to the new shop. Following Kevin’s advice, Tom decided to move his bakery to Kevin’s shop. He moved all the equipment to the new shop and paid Kevin the lease fee in January and February. However, one third of Tom’s customers stopped coming to him in the new location.
In March, Tom refused to pay the $2000 owing for that month. He argued there was no valid contract.
According to the common law principles of contract you have studied, is there a contract between Tom and Kevin? Explain why or why not.
Answer your question using the material you have studied in topics 3, 4 and 5.
use AGLC3 in reference and read the following file which is very important
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