70110 Introduction to Law Spring, 2017 Case study

70110 Introduction to Law

Spring, 2017

Case study

Assignment length: 1500 words (excluding in-text referencing and the reference list)

Due Date:  Friday 8 September 2017 at 6.00pm

 

Scenario

Rocky Pop Pty Ltd is the promoter for ‘Big Nite Out’, a rock concert to be held at Centennial Park in Sydney at 8.00pm on 1 September 2017.  Rocky Pop advertises the event on the internet and in national newspapers as follows:

‘ On 1 September 2017, ‘Big Nite Out’ features Metalurgia, Australia’s most popular heavy metal band.. Tickets are $150 each.   Pay by electronic bank transfer or credit card to Rocky Pop Pty Ltd.  Your ticket will be sent by post within five days of receipt of payment….’

Rachael sees the advertisement, pays $150 by electronic transfer and receives her ticket in the post. Then, for the first time she notices at the bottom of the ticket the following notice:

‘This ticket is issued subject to the condition that in no circumstances will Rocky Pop Pty Ltd be liable for the non-attendance for any reason of Metalurgia at the ‘Big Nite Out’ on 1 September 2017 and no refund will be given on any issued ticket.’

All the band members of Metalurgia are arrested for drug dealing and imprisoned for 12 months on 1 August 2017.  Rocky Pop Pty Ltd sends an email message to all its customers that Metalurgia will not be performing at the ‘Big Nite Ou’t concert but instead The Hayseeds will be performing country and western tunes.  Rachael, who hates country and western music, claims a refund of her $150.  However Rocky Pop Pty Ltd informs Rachel there will be no refund.  Rocky Pop Pty Ltd refers Rachel to the exclusion clause and informs her that the concert will still go ahead on 1 September with the Hayseeds instead of Metalurgia– .

 

Weighting: 30 marks

 

Question 1 ( 1000 words) (20 marks)

Discuss, in a problem solving format, whether Rachel is likely to succeed in an action for a refund.

Your answer should be based on the common law of contract (specifically the rules and case law on exclusion clauses)

Question 2 ( 500 words) (10 marks)

Assume Rachel refers Rocky Pop Pty Ltd’s conduct to the Australian Competition and Consumer Commission (ACCC).  The ACCC investigates and believes that Rocky Pop Pty Ltd has breached s18 and s64 of the Australian Consumer Law (ACL).

Discuss, in essay style, whether the ACCC is correct in believing that Rocky Pop Pty Ltd has breached these two sections of the ACL.

 

 

  1. Question 1 is to be answered on the common law of contract. A problem solving format should be used.

 

Question 2 is to be answered on the statutory law of the Australian Consumer Law ( in the schedule to the Competition and Consumer Act 2010 Cth).  Essay style should be used.

 

 

  1. The topic for Question 1 is contents (or terms) of a contract, including exclusion clauses. This topic will have been covered in Week 5. Other than posted materials in UTS Online and the prescribed and recommended textbooks, students will receive guidance in the Library Research session (week 6) on how to independently research this topic.

 

The topic for Question 2 will not be covered until Week 8.  Students will be expected to independently research the relevant statutory law.  Guidance will be given in the Library research sessions in week 6.

 

  1. The assignment is to be submitted by the deadline on Turnitin in UTS online. A cover sheet should be attached to the assignment indicating your name, student number, the subject name, and the word count for your assignment. Please ensure you keep a copy of the assignment for your records.

 

  1. The body of the assignment should include in-text referencing and a Reference List provided at the end of the assignment. In- text referencing and the Reference List should be in accordance with the Harvard UTS Referencing Guide http://www.lib.uts.edu.au/help/referencing/harvard-uts-referencing-guide

 

  1. As a general rule the following are expected as minimum references:

 

Question 1

 

  • The required text (and/ or a similar recommended law text)*
  • Three cases
  • A journal article

Question 2

  • The required text ( and /or a similar recommended text)*
  • Two cases
  • A media article

 

*Note: The text may be an online legal commentary such as Carter on Contract (available in LexisNexis library database)

 

 

70110 Introduction to Law

Spring 2017

Case study

Allocation of marks:

Question 1 ( problem question) Student mark Mark
Explanation of the issues, the relevant law and its practical application ( 10)

 

Clear structure with referencing to case law(5)

 

Logical conclusion based on analysis of legal rules, cases  and their application (5)

 

  20
Question 2 ( essay)    
Clear and concise discussion with logical reasoning based on appropriate analysis of the Australian Consumer Law.

 

  10
Total:   30

 

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