Business Law Final Assessment - HA2022 T2 2021

HA2022
BUSINESS LAW
FINAL ASSESSMENT
TRIMESTER2, 2021
Assessment Weight: 50 total marks
Instructions:
 All questionsmust be answered by using the answer boxes provided in this paper.
 Completed answers must be submitted to Blackboard by the published due date
and time.
Submission instructions are at the end of this paper.
Purpose:
This assessment consists of six (6) questions and is designed to assess your level of
knowledge of the key topics covered in this unit
HA2022Final Assessment T2 2021

Question 1 (7marks)
Part A) When will a duty of care arise and what test is used to determine the existence of duty of
care? (4 marks)
Part B) Provide 3 examples of when a duty of care exists. (3 marks)
(Word limit: Maximum 250 words)
ANSWER: ** Answer box will enlarge as you type
(A) A duty of care arises where one individual or group of people commence any movement
which could rationally harm another person in any manner i.e. physically, mentally as
well as economically. This involves common actions for instance driving in which chances
of physical injury may occur or specialised commotions which includes actions that may
cause economic losses to the individual (Cash, Moyle and O'Dwyer, 2017). According
to the English law, Duty of care to another person is to make sure that no other
individual will suffer any unreasonable harm or loss. If this particular duty is found to be
breached, then the person is accountable and legal liability is forced upon the tortfeasor
to compensate the casualty for the losses that has been incurred. In order to determine
the duty of care, principle test has been used according to which the rule that one has to
love their neighbour becomes in the law that no one has the right to injure their
neighbour.
(B) Three examples are:
(i) Dignified and respectful treatment
(ii) Abuse and neglect free living
(iii) Safe and high quality care as well as services
Question 2 (7 marks)
In cases where the traditional approach of offer and acceptance cannot be applied, how does the
court determine whether an agreement has been reached between the parties? Cite relevant
legal cases from Australian courts.
(Word limit: Maximum 250 words)
ANSWER:
HA2022Final Assessment T2 2021

Consideration is the ultimate price that is being asked by the promisor in exchange of their
assurance to another person which is the amount of a promise. In many authority, consideration
is not an important element of a contract. It is adequate that the parties have reached a
obligatory agreement. Accoding to the common law, the requirement for an agreement is to be
binding among both the parties and promise must provide their consideration for the promise
they have received. The court will determine whether the agreement has been prepared among
both the parties are with mutual obligation which is enforceable by law. The foremost element
that has been required for any agreement is to be enforced by valid offer and acceptance along
with adequate consideration, capacity and legality. The absence of any of these elements will
signify either that there is no agreement or that the agreement is not enforceable by law as a
contract. In most of the jurisdictions, contracts do not necessarily required to be in written
format. Although there are numerous exceptions have been created by statute followed by the
Statute of frauds and designed in order to reduce fraud activities.
For example a case of Nemeth v Bayswater road Pty Ltd [1988] 2 Qd R 406, the parties
contracted which is hire of an aircraft and recorded the details in written document. But later the
plantiff sued for additional charges and was due over an oral agreement and entered into
agreement before the written contract which was executed (Carter, 2018). But the plantiff fails
as the contract was partly written and somewhat oral and the agreement states that all the
terms and conditions are contained in written agreement. This case was inadmissible because
the Plantiff already signed the contract before the oral agreement.
Question 3 (7marks)
How was the parol evidence rule applied in the case of Van Den Esschert v Chappell [1960] WAR
114?
(Word limit: Maximum 250 words)
ANSWER:
The case of Van Den Esschert v Chappell [1960] WAR 114 shows the ways in which one party
aims to unfairly disadvantage the another party. According to this case, the purchaser asked the
seller whether the house was affected by white ants before even signing the contract of
ourchasing the house. The purchaser signed with the seller guarantee and afterwards discovered
white ants and had to pay 60 dollars to destroy ants. She sued the seller for cost of repair. The
sellers verball assurance was a term of contract although there were no issues rekated to white
ants were mentioned in the contract (Golding, 2017). It seems to deny the whole effect of the
payroll evidence rule as the agreement is partially written and partly oral and the court will only
HA2022Final Assessment T2 2021