PROBLEM SOLVING ASSIGNMENT

LWS009 – Introduction to Law

PROBLEM SOLVING ASSIGNMENT INSTRUCTIONS

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This is an individual assignment. You must complete all questions.

SUBMISSION:  Students are to submit online via the assessment link on Blackboard.

 

Instructions:

 

  1. Please read the attached criteria sheet for this assignment.

 

  1. You must include in your answer any cases and legislation which are relevant to support your conclusions. You should cite the cases and legislation in the way you have been shown in class and in your study materials. Otherwise you may use the referencing system you usually use. See citewrite for more information on referencing at https://www.citewrite.qut.edu.au/

 

  1. You must limit your answer to1500 words (no +10%) WORDS IN EXCESS OF 1500 WILL NOT BE READ AND WILL NOT BE TAKEN INTO ACCOUNT WHEN ASSESSING THE MARK.  All words including words of one or two letters (such as “a” or “at”) and quotations must be counted and the total number of words used must be noted at the conclusion of the answer. References are not included in the word count.

 

  1. References and footnotesare not included in the word count but must not include argument or matters of substance.  ENDNOTES (ie references/citations at the end of the text) ARE NOT ACCEPTABLE AND WILL NOT BE READ.

 

  1. Spelling, grammar, punctuation, style and presentation will be taken into account when assessing the mark. Deductions will be made

 

  1. Please note the Faculty policies on academic integrity. Your answer must be entirely in your own words except for quotations acknowledged in approved fashion. ANY BREACH OF COPYRIGHT, PLAGIARISM OR EXCESSIVE “CO-OPERATION” BETWEEN STUDENTS MAY RESULT IN A MARK OF ZERO OR MORE SEVERE PENALTY.

 

  1. Assignments must be submitted in accordance with the University assessment submission and extension policy. If you do not submit by the due date, without an approved extension, it will not be marked and you will receive 0

 

  1. Any requests for extensions must be submitted on or before the due date. The form is available on-line and submitted electronically Please note Academics in the Law School do not approve extensions. You must submit the on-line application and it will be assessed by the administration.

 

 

THE ASSIGNMENT

The ‘‘Bell Theatre’’ is owned and operated by Kate. It is the only privately owned and operated Theatre still existing in Queensland. Kate conducts acting courses and stages theatre productions. A number of challenges have arisen and you are required to report to Kate on each of them. You must explain the legal questions that arise in each of the entirely separate scenarios, the legal rules (or principles) that are relevant and the likely outcome or conclusion in relation to each situation.

 

 

PART A

Kate advertises a course on the Theatre webpage as follows:

 

‘Bell Theatre’ Acting Courses

2 weeks from 1 August with fully qualified tutors holding a degree in performing arts from an accredited tertiary institution. Places are limited so contact the Theatre now.

 

 

The standard Terms and Conditions signed by all course participants are as follow:

 

STANDARD TERMS AND CONDITIONS OF COURSE PARTICIPATION

 

 

1.      A course fee of $ 3,000 is payable upon signing this contract.

2.      All Tutors hold a degree in performing arts from an accredited tertiary institution and will have at least 1 year of international acting experience.

3.      Participants will receive 2 weeks acting tuition from 1 August.

4.      Enrolments into acting classes are not accepted without payment.

 

Andrew is a first year university student. He applies and is accepted into the course. He pays the fee and signs the standard terms and conditions. He is an accident prone person always getting himself into trouble. At the performance run by Kate at the Theatre on the last day of the course, Andrew was injured when playing the part of Laertes in Shakespeare’s Hamlet. He didn’t notice that some of the Theatre floorboards were loose and this in combination with the high heeled boots he insisted on wearing against Kate’s advice caused him to trip and fall on his sword. Kate knew the floorboards were loose and knew they had been in that condition for some time. She intended to use some of the funds from the course to repair the floorboards but hadn’t yet had an opportunity to do that. Andrew’s injuries caused him to miss a work contract worth $4,000 and medical expenses of $5,000 and he wants to claim payment of these from Kate.

 

Andrew wants to know if he can require Kate to reimburse him for the losses he has suffered. Advise him. In order to do that, please consider the following:

 

  1. Has Kate has been negligent?

In order to determine this you must answer the following questions:

 

  1. Are the elements of the negligence action satisfied?
    1. Duty of care
    2. Breach
    3. Damage

In your explanation refer to relevant legislation and cases.

  1. Are any defences available to Kate? Consider the Civil Liability Act 2003 (Qld).
  2. What remedies would be available?

(13 marks)

  1. Has Kate breached the Australian Consumer Law (ACL) section 60 which provides a guarantee that services will be rendered with due care and skill?
  2. Does the Australian Consumer Law (ACL) apply to Kate? Why?
  3. Does the Australian Consumer Law (ACL) apply to Andrew? Why?
  4. Specify the requirements of the section and explain why (or why not).

(5 marks)

 

PART B

Kate decides she needs to engage some professional help to deliver quality lighting for the next production to be held at the Bell Theatre. She advertises on the Theatre webpage as follows:

 

Expert in theatre lighting and sound required for a 4 week theatre production at the Bell Theatre in August. Full details of the production and the work required are available at: www.Bell.com/augustproduction.

Tenders must be received by 30 July at the Bell Theatre, 3 Eagle Terrace Brisbane or by emailing kate@belltheatre. The lowest tender will be accepted.

 

 

Bradley, Johnny and Leo separately see the advertisement and submit tenders. Bradley who happens to be Kate’s brother tenders a lump sum price of $10,000. His tender was sent by email on 30 July and capable of being retrieved on that date, but Kate didn’t bother to download and read his email until 1 August. Johnny tenders a price of $9,000. Johnny posted his tender on 29 July and it was received at the Theatre on 31 July. Leo tenders $8,000 on the condition that Kate provides two members of the Friends of the Bell Theatre who will act as Leo’s assistants. Leo’s tender is posted on 29 July and received at the Theatre by Kate on 30 July. While Leo submits the lowest tender, Kate accepts Bradley’s tender. She decides she feels most comfortable dealing with a member of her family. Does Kate have a contract with any of Bradley, Leo or Johnny?

(7 marks)

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