QUESTION 1: The Great Australian Railway Company (GARC) agrees by way of a written contract to carry Roger’s cucumbers from Perth to Adelaide via rail and then from Adelaide to Melbourne by truck via an affiliated company Big Trucks Australia (BTA).

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QUESTION 1:

The Great Australian Railway Company (GARC) agrees by way of a written contract to carry Roger’s cucumbers from Perth to Adelaide via rail and then from Adelaide to Melbourne by truck via an affiliated company Big Trucks Australia (BTA). The cucumbers are destined for sale at a stall that Roger hired which was located at the Victorian Fruit and Vegetable Market. The BTA truck is delayed due to bad weather. Eventually, when the truck crossed the state border between South Australia and Victoria most of the cucumbers were bad. Consequently, GARC unilaterally decided to sell the remaining good cucumbers as it felt that the entire consignment would be unsaleable by the time it arrived in Melbourne. BTA organised for the disposal and sale of the cucumbers. When Roger found out that his cucumbers had failed to arrive at the Victorian Fruit and Vegetable Market he was informed he was still liable to pay for the fees of hiring the stall from the market. Roger now wants to claim damages. Consider all the legal issues and relevant points arising in agency from this scenario. In your response, you should consistently refer to relevant Australian case law relating to agency. (20 marks)

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Company law question final– Hypothetical Assignment instructions

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Hypothetical Assignment instructions

 

  1. The hypothetical assignment is based on workshops Weeks 1 to 5.
  2. You must use the ILAC method when answering the question.
  3. There is no absolutely right or absolutely wrong answer to this assessment. This is the beauty (and frustration) of the law. I do not have a set marking guide which states what a 35/35 answer will look like. Students may rely on different (but relevant) law but come to a different conclusion. Provided that your application is supported by relevant law and is persuasive, then two students could have different answers but still receive the same high mark.
  4. The breakdown of marks in Parts A, B and C give you an idea of the words (and time) you need to devote to each Part. In other words, Part B is likely to have more legal issues and require more Law and Application than Parts A and C.
  5. You do not need to provide a reference list and you do not need to provide a full case citation in ‘Law and Application’. Case name and abbreviated name of the legislation (with relevant section numbers) is fine. For example Donoghue v Stevenson and Civil Liability Act 2003 (Qld) (‘CLA’) (legislation).
  6. The facts, times and persons are “mixed up” for a reason – clients do not approach you with the perfect set of facts that answer each of the issues neatly. You need to pull the facts apart (deconstruct) and attach the relevant facts to the relevant law to answer the issues. This is an analytical skill. Drawing diagrams and a timeline of events is a good idea.
  7. Your final submission will be assessed according to the criteria sheet available on the L@G course site. The marking scheme follows the ILAC method. Students should scrutinise the scheme before submitting their assignment to ensure they have covered all relevant requirements.
  8. I encourage you to discuss the question in groups (many hands make light work). However, your final answer must be your own work. Harsh penalties apply for plagiarism. Plagiarism basically means copying another person’s work and claiming it as your own.

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