Question 1. The Australian Legal System (10 marks)
(A)Discuss the nature and extent of the Commonwealth’s power to legislate with respect to the sale and marketing of consumer products? (5 marks)
(B)In the interest of preventing epidemics of obesity and diabetes, assume that the State passes the Protection of Citizen Health Act2012. S.20 of the Act says: “Manufacturers or Retailers in this State must not sell sweetened drinks more than 500 ml in volume”.
Assume that the Commonwealth passes the Freedom of Consumer Choice and Liberty Act2013. Section 12 of the Act relevantly provides: “Persons involved in the sale of food and beverages inside Australia can display nutritional information about their products in the marketing and advertising of their products in a manner deemed appropriate for the particular products packaging but without restriction as to the calorie content and which is not otherwise misleading”.
Burger Hut Ltd, which is famous for its supersized meals and extra-large drink sizes, wants to continue this successful business model. Advise in relation to any legal issues? (5 marks)
Question 2. Alternative Dispute Resolution (ADR) (10 marks)
“The delay and ever-increasing cost of litigation has led in recent years to a growing emphasis on alternative methods of settling disputes outside formal court proceedings” (Turner, 2013).
(A)Outline the alternatives processes available to commercial parties in resolving legal disputes. (5 marks)
(B)Critically discuss the legal and commercial advantages of these processes and when they may otherwise not be suitable. Provide practical examples that explain why one method would be preferable to others. (5 marks)
Question 3 Contract Law (15 Marks)
Andrew entered into a contract with Sydney Cruise Boats Ltd (SCB) for the purpose of hiring one of SCB’s luxury boats, the Sapphire, between the hours of 7pm on 31 December 2012 and 3am on 1 January 2013. At the time of contracting, Andrew advised SCB that he was hiring the boat so that Andrew, his wife Kimberly, and their son Martin could enjoy an evening on Sydney Harbour and have a prime position to view the fireworks display that was to be held on the evening of 31 December 2012 as part of the New Year’s Eve celebrations. The agreed hire fee was $10,000 that Andrew paid on the date of signing the contract. In return for that fee SCB was to provide the Sapphire, a licensed captain, and a chef to prepare a set meal for Andrew, Kimberly and Martin.
When Andrew, Kimberly and Martin turned up at the appointed time to begin their cruise on the Sapphire, SCB advised them that they were unable to carry out their contract with Andrew because earlier that day they hired the boat to another person who was willing to pay more for that evening’s rental.
Making reference to Australian common law:
(A)Is there any basis under Australian contract law for Andrew to make a claim against Sydney Cruise Boats Ltd? If so, what remedies are available? (7.5 marks)
(B)Is there any basis under Australian contract law for Kimberly or Martin to make a claim against Sydney Cruise Boats Ltd? If so, what remedies are available? (5 marks)
(C) Would your advice in (a) be any different if on the day that Andrew, Kimberly and Martin showed up to begin their cruise, they were advised by Sydney Cruise Boats Ltd that the cruise could not take place because earlier that day the Sapphire had been destroyed by fire, as a result of a suspected terrorist attack? (2.5 marks)
Question 4 Individual/Group Reflection (5 marks)
Graduate attributes are the qualities, skills and understandings that a student should develop during their studies. These attributes shape the contribution students are able to make to their profession and society.
Graduate attributes include: communication; problem solving; critical thinking; information literacy; team work; information technology competence; cross cultural competence; and ethical practice.
You will be assessed based on your ability to demonstrate your developing self-awareness of these attributes.
Provide a self or group reflection on how this course and specifically this assessment assisted you in building these attributes.
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