Professional Documents
Culture Documents
MAJOR ASSIGNMENT: SEMESTER 1, 2018
Total marks: 30
You need to support your analysis with relevant research and references in AGLC format, as
set out in the TABL1710 Style Guide on Moodle. The mark allocation is set out under
“Requirements” below. There are marks associated with all of the requirements of the
rubric and the analysis should be supported using the law.
There are zero marks for repeating the facts and you will reduce the number of words for
your analysis if you repeat the facts.
The total length must be no more than 2 000 words (excluding footnotes) and there is NO
+10% margin. Work beyond the 2 000 word limit may not be marked.
Your submission is due before Monday 16th April 2018 at 17:00, Submission is via Turnitin
on Moodle and no hard copy is required.
Refer to the course outline for checking plagiarism and submission procedures.
In answering this question, you should apply the common law of contracts (that is, you
should not refer to statutes and you should not refer to employment law). When there is a
legal principle that you apply in your analysis, you should cite a relevant case.
ASSIGNMENT QUESTION
Ivor is a builder engaged on a large‐scale renovation of an Art Deco harbourside mansion.
Under his contract with Mrs Porty, the homeowner, Ivor has a fixed completion date for the
project, and will be subject to a financial penalty if he does not finish on time.
Ivor engages a sub‐contractor, Jones, to install the underfloor heating pipes on the lower
storey of the house for a fixed price of $50,000, payable on completion of the work.
Jones commences work as agreed, but part way through it, realises he has miscalculated the
floor area and underquoted for the job. He needs additional materials which he cannot
afford.
Ivor is worried about the project being held up, so he says he will pay Jones $15,000 extra if
Jones continues working on the job. He gives him $10,000 immediately, and Jones orders
the materials.
Two weeks later, Ivor has still not paid the outstanding $5,000, so Jones stops work and
claims both the original $50,000 and the additional $5,000.
Ivor is having cash flow problems and he is concerned he may not be able to pay his debts
when they are due. He owes Evans, the timber merchant, $120,000 for timber Evans has
supplied for the upstairs flooring in the house.
Ivor tells Evans that he will recommend the timber yard to all his building colleagues, if
Evans will accept $100,000 in full payment of the debt. Evans agrees to accept the lesser
amount, and promises not to demand the $20,000 shortfall.
Evans doesn’t notice any increase in business over the next month, so he confronts Ivor and
demands the $20,000.
Meanwhile, Ivor takes 4 small Art Deco mirrors to be restored. There are not many suppliers
with the equipment or expertise to restore old mirrors, so Ivor goes to Owen, a supplier he
has used before.
When Ivor drops off the mirrors, he is given a receipt with the words: “Owen is not
responsible for any damage to the mirrors, however the damage is caused.” There is also a
small sign with the same wording on Owen’s counter.
One of the mirrors cracks during the restoration process.
REQUIRED:
Advise whether, according to the common law of contract:
a) Jones is entitled to the two amounts he is claiming from Ivor;
(15 marks)
b) Evans is bound by his promise that he would not demand the $20,000 shortfall; and
(10 marks)
c) the disclaimer on either the receipt or the notice, form part of Ivor’s contract with
Owen. (5 marks)
Do not refer to statute law in your answer.
TABL 1710 MAJOR ASSIGNMENT RUBRIC
Criteria <50% (Fail) 50% ‐ 74% (Pass‐Credit) ≥ 75% (Distinction‐HD)
Identifies key areas of law Does not correctly identify or select Identifies (and explains where Accurately identifies (and explains where
relevant area of law. necessary) some relevant areas of necessary) all key relevant areas of law,
law. indicating a breadth of understanding.
Applies the law Does not apply relevant law Applies relevant law appropriately, Insightfully and accurately applies relevant law,
appropriately. but may include minor errors. demonstrating a depth of understanding.