Business Law Assignment: Contract, Property, and Leasing Analysis

This business law assignment analyzes several legal issues related to contracts, property, and leasing. Part 1 focuses on contract law, examining issues such as contract breaches by C&K Scaffolding and Partners, the Sale of Goods Act concerning product quality, the importance of providing accurate information during sales, and the formation of contracts under the postal rule. Part 2 delves into leasing and property law, outlining the responsibilities of property owners to tenants and analyzing the legal obligations of lessees under specific clauses. The assignment references relevant legislation, including the Sale of Goods Act 1895 and the Tenancy Act, to support its conclusions. The report evaluates each issue by providing the relevant rules, applications, and conclusions, offering a comprehensive understanding of the legal principles involved. The assignment covers topics such as breach of contract, the rights and obligations of buyers and sellers, and the responsibilities of property owners and lessees.

Running head: BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

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Table of Contents
Part 1 Contacts.................................................................................................................................1
Question 1.1.................................................................................................................................1
Issue.............................................................................................................................................1
Rules............................................................................................................................................1
Application..................................................................................................................................2
Conclusion...................................................................................................................................2
Question 1.2.................................................................................................................................2
Issue.............................................................................................................................................2
Rules............................................................................................................................................2
Application..................................................................................................................................3
Conclusion...................................................................................................................................3
Question 1.3.................................................................................................................................4
Issue.............................................................................................................................................4
Rules............................................................................................................................................4
Application..................................................................................................................................4
Conclusion...................................................................................................................................5
Question 1.4.................................................................................................................................5
Issue.............................................................................................................................................5
Rules............................................................................................................................................5

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Application..................................................................................................................................6
Conclusion...................................................................................................................................6
Part 2 Leasing and Property.............................................................................................................6
Question 2.1.................................................................................................................................6
Issue.............................................................................................................................................6
Rules............................................................................................................................................7
Application..................................................................................................................................8
Conclusion...................................................................................................................................8
Question 2.2.................................................................................................................................8
Issue.............................................................................................................................................8
Rules............................................................................................................................................8
Application......................................................................................................................................9
Conclusion.......................................................................................................................................9
Reference.......................................................................................................................................10

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Part 1 Contacts
Question 1.1
Issue
According to the case study, the issue has been arises whether the building of the
technical tower, the spot light ramp and the certification to be undertaken by C&K Scaffolding
and Partners or not?
Rules
The SA Outdoor Events Public Safety Authority (SAOEPA) is a process to provide
safety at the time of public events and it also ensure the safety and security for the public in any
events. The safety process also ensures the electrical safety in the festival events. During the
electrical equipment installation, the safety is necessary where the stage program has planned.
For the safety of the public and the performer who will use the stage this registration, ensure the
safety and security for them. The Electrical installation includes the every wiring system, which
operated with power devises along with the living quarters, concession tents, and the extension
cords and power boards1.
When the installation has processed it is important the Electrical installation must ensure
every safety issues which includes several issues which are the overhead wiring, festoon and
decorative lighting clearances and installing cables, including extension cords. The licensed
electricians have the right to operate with the electrical installations in South Australia and
without the license; they may face consequences of fines2.
1 McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press (UK), 2014.
2 Poole, Jill. Textbook on contract law. Oxford University Press, 2016.

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Application
According to the fact of the case, the owner of the C&K Scaffolding and Partners has
assured about the installation technical tower, spot light ramp and additionally, the site, which
need to be certified by the SAOEPA. However, though a contract has made but they failed
satisfy the terms and breach the contract3.
Conclusion
As the C&K Scaffolding and Partners has breach the terms of the contract, they are bound to pay
the compensation to the event organizer4.
Question 1.2
Issue
According to the case study, the issue has been arrived whether any actions can be taken
against store manager for not providing the good quality products for the promotion purposes or
not?
Rules
The Sale of Goods Act 1985 has provided the legislations, which applies for the contracts
in the purchase of goods. The Section 1 has described the contract of sale and capacity of the
sale. The Section 27 has described the duties of seller and buyer where both are bound to
perform according to the contract of sale of goods. The section 15 of this act has defines the sale
by sample where it has been described that when a contract has been formed for the sale by
sample then the buyer has rights to express the products and check the goods which has been
3 Poole, Jill. Textbook on contract law. Oxford University Press, 2016.
4 McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press (UK), 2014.

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delivered according to the sample. The buyer also owns the rights to compare about the quality
of the goods while delivery of the goods.5
The section 50 of the Sale of Goods has described the actions and remedies for breach of
the contract of sale and goods. If the seller has breached the terms of failed to deliver the
products according to the sample of the goods then the buyer has rights to sue the seller and
demand the compensations for the loss they had faced.
Application
According to the case facts the buyer has ordered for 200 towels after examine the
sample of the products but after the delivery he has found that 175 of the 200 are lesser quality
that the sample. Therefore, the seller has breached the terms of the contract.
Conclusion
According to the fact of the case, it can be concluded that the buyer has rights to take legal
actions against the seller according to the section of 50 of Sale of Goods Act 1985.
Question 1.3
Issue
According to the case facts the issue has arises whether it is necessary to provide the
actual information to the buyer while selling any products or not?
Rules
The Sale of Goods Act 1895 has provided the legislations for the sale of goods.
According to the Section A2 subsection 1(2) has provided the legislations where the it has been
stated that act of sale should be conducted with good faith and honesty and any negligent act
5 McKendrick, Ewan, and Qiao Liu. Contract Law: Australian Edition. Palgrave Macmillan, 2015.

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must not exercise. The capacity of contract also defines that the product must be sale with
appropriate quality and price. The section 8 has described the ascertainment of price where it is
necessary to sell the goods with actual price, which has made at the time of the contract6.
Therefore, when the price has been set for the products then it is also important that no
third party change the terms, which has fixed by the actual parties.
Application
According to the facts of the case, the actual price has been of $30 of each te-shirt but
due to the bad hearing, Martin has set the price $13 for each shirt. Now when Melanie came to
the shop and order for five shirts, then it will misrepresents the facts under the contract law. It is
the duty of seller that they must sale the good with honesty and dignity towards the buyer.
Therefore, in this case the seller also provides the information to the buyer about the actual price
of the shirt. It is the duty under the Sale and goods act the seller is bound to provide a fair service
towards the buyer7.
Conclusion
According to the case study, the seller is bound to provide the service with fair and
dignity to the buyer while selling the goods.
6 McKendrick, Ewan, and Qiao Liu. Contract Law: Australian Edition. Palgrave Macmillan, 2015.
7 Andrews, Neil. "Sources and General Principles of English Contract Law." Arbitration and Contract Law. Springer
International Publishing, 2016. 165-175.

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Question 1.4
Issue
According to the case study, the issue has been arises whether a contract has made
between the parties and if it has been made then what will be price should be paid for the football
game?
Rules
The postal rule is one if the part in the contract law where an agreement has formed
through an electronic medium of transactions. at the time of the formation of the contract it is
necessary to fulfill all the terms of contract which should included the offer and acceptance,
intension to create legal relation, capacity to contract, consideration and certainty8. Now while
the formation of a valid contract through the postal rule the electronic mediums should be used
which could be a letter, mail or any other mode of communication. It is the term of the postal
rule is after the offer has provided and the moment the acceptance has occur the contract has
formed. The contract should legally bind along with the capacity of the agreement9.
Application
According to the fact of the case, an offer has been given to Tina for selling a football
game at the price of $1500 but she has negotiate the price and wanted to buy it at the price of
$1000. However, later she wants that for urgent purposes and offered the price of $1500. In this
matter, the consideration has made by the offered at the same time Tina send the mail o buy the
product of $150010.
8 Swain, Warren. "Contract Codification in Australia: Is It Necessary, Desirable and Possible." Sydney L. Rev. 36
(2014): 131.
9 Giancaspro, Mark. "Is a ‘smart contract’really a smart idea? Insights from a legal perspective." Computer Law &
Security Review (2017).
10 Andrews, Neil. "Sources and General Principles of English Contract Law." Arbitration and Contract Law.
Springer International Publishing, 2016. 165-175.

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Conclusion
As per the fact of the case the football game should been sold in the price of $1000 to
Tina
Part 2 Leasing and Property
Question 2.1
Issue
According to the fact of case what will be responsibilities of a property owner need to
provide to in relation to the rental property?
Rules
According to the tenancy act, the landowner has obliged to several duties towards the
tenant. At the time of providing the land in tenancy, it follows several duties under the
government of Australia. The common law has provided the duty, which ensures the safety of
the rented property must not affect the tenant11.
The tenant property must be use for the legal purposes where the agreement has made for
the intension of legally binding the contract. The landowner will provide such permission that
legally the property has rented under the terms of the Australian Government. The property also
ensures the health, safety and healthy environment for the tenant. The rented premised should be
clean which will be appropriate for the residency purposes. The doors, walls, ceiling, rooms and
toilets should enough healthy for the residency purposes for the tenant. If the land owner wants
11 Burton, Gregory. "The law affecting rent review determinations ; The law affecting valuation of land in Australia
[Book Review]." Bar News: The Journal of the NSW Bar Association Summer 2015 (2015): 76.

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to sell the property to any agent or entered with any contract then he must inform the tenant and
if the landowner has set the agreement of sale then he is bound to provide 14 days of notice
period to the tenant for leaving the tenant property12.
For the maintenance of the rent property, the landowner is obliged to the duties where it
is the duty of the landowner that the tenant must not face any issues while providing the service.
If the landowner change the ownership then he is also notify the tenant a 14 days of notice
periods.
Application
According to the fact of case, the when the landowner want to provide the place for the
tenancy purposes then he is bound to follow every duties towards the tenant. An agreement
should have formed with the legal intension to binding with each other13.
Conclusion
According to the case facts, the property owner is bound to follow and provide every
information o the tenant before he rent his property. In the leasing agreement the person must
inform about every details he will need to14.
Question 2.2
Issue
According to the facts the issue has been arises whether any legal obligation can available
for the lessee under the Clause 5.1 or not?
12 Esmaeili, Hossein, and Brendan Grigg. The Boundaries of Australian Property Law. Cambridge University Press,
2016.
13 Burton, Gregory. "The law affecting rent review determinations ; The law affecting valuation of land in Australia
[Book Review]." Bar News: The Journal of the NSW Bar Association Summer 2015 (2015): 76.
14 Esmaeili, Hossein, and Brendan Grigg. The Boundaries of Australian Property Law. Cambridge University Press,
2016.

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Rules
According to the Clause 5.1 the lessee’s consent it has been stated that if there is any
requirement has become necessary for the authority or the owner of the property then the lessee’s
consent is also required for the further process. In this matter, the lessor must express the terms
and process where the lessee also provide his consent through a written proposal within the 7
days of the written request by the Lessor. If such process affects the lessee then the lessor should
stop the process in the premises. The lessor is bound to follow the consent of the lessee if it
affect or make any negative impacts for the lessee.
Application
According to the facts of the case, the lessor wants to install a fake soccer pitch at the rear
of the new premises, which will cut across the two properties. However, if he does so it will
mean the lessee cannot use the back of the premises for at least two weeks. As lessee is not
intending to install a fake soccer, pitch and do not want to provide the consent to the property
owner.15
According to the clause 5.1 if there is any requirement has become necessary for the
authority or the owner of the property then the lessee’s consent is also required for the further
process. Therefore without the consent of the lessee the lessor never able to install the fake
soccer pitches16.
15 Esmaeili, Hossein, and Brendan Grigg. The Boundaries of Australian Property Law. Cambridge University Press,
2016.
16 Burton, Gregory. "The law affecting rent review determinations ; The law affecting valuation of land in Australia
[Book Review]." Bar News: The Journal of the NSW Bar Association Summer 2015 (2015): 76.

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Conclusion
According to the Clause 5.1 if the lesor install a fake soccer pitch to the premises without
the consent of the lessee, then the lessee has rights to take legal action against him17.
17 Esmaeili, Hossein, and Brendan Grigg. The Boundaries of Australian Property Law. Cambridge University Press,
2016.

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Reference
Andrews, Neil. "Sources and General Principles of English Contract Law." Arbitration and
Contract Law. Springer International Publishing, 2016. 165-175.
Burton, Gregory. "The law affecting rent review determinations ; The law affecting valuation of
land in Australia [Book Review]." Bar News: The Journal of the NSW Bar Association Summer
2015 (2015): 76.
Esmaeili, Hossein, and Brendan Grigg. The Boundaries of Australian Property Law. Cambridge
University Press, 2016.
Giancaspro, Mark. "Is a ‘smart contract’really a smart idea? Insights from a legal perspective."
Computer Law & Security Review (2017).
McKendrick, Ewan, and Qiao Liu. Contract Law: Australian Edition. Palgrave Macmillan, 2015.
McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press (UK),
2014.
Poole, Jill. Textbook on contract law. Oxford University Press, 2016.
Swain, Warren. "Contract Codification in Australia: Is It Necessary, Desirable and Possible."
Sydney L. Rev. 36 (2014): 131.