This assignment consists of five case study questions. A fact scenario is provided and your task is to identify the legal issues that arise in the case studies, state the law, apply the law to the facts of the case study and reach a conclusion. The conclusion that you reach will be the advice that you can provide to the participants in the case study.
The following substantive areas of law will be dealt with in the Assignment – they comprise the content of Modules 2-8 of this subject:
Read the facts of each Case Study carefully.
Identify the area of law that requires discussion e.g. contract law.
Identify the legal issue in the Case Study e.g. Is there a contract? Has a contract been broken? Etc
State the law. If you are stating a legal principle that comes from case law state the case and the citation that you are using as authority for the legal principle. If you are relying on a statute for legal authority then state the section number and name of the statute that is relevant.
Betty refuses to honour her promise regarding transferring the house to Jennifer who wants to sue her grandmother for breach of contract. Advise Jennifer.
Advise the parties.
Theresa offers Ravi $6,500 which Ravi promptly accepts. All along, Theresa is unaware that Kevin is the owner of the table. When she takes delivery of the table there is large scratch on the top of the table. Theresa is furious and advises Ravi that she does not want the table now that it is not in the condition it was in when she inspected it previously. Ravi advises her that it is not his problem because he is not the owner of the table.
Advise the parties.
Trevor plays an unreleased composition to a group of friends including Declan. After hearing this composition, Declan goes home and composes a piece of music that sounds virtually identical to Trevor’s, particularly the chorus. Declan then sends it to a distributor who releases a CD in Europe. It is a huge hit and Declan makes a large amount of money from CD sales.
Trevor is furious and accuses Declan of stealing his composition. Advise the parties.
The contract of sale is finalised and Maddie takes over the business. Clare wants to operate another business and decides to open a café on King William Road, Hyde Park. Approximately one year after selling her hairdressing business she opens her new café. A lot of her old customers are now regulars at the new café.
Maddie is outraged and claims that Clare is in breach of her contract for the sale of the hairdressing business. Advise the parties.