GRIFFITH BUSINESS SCHOOL

2007GIR
LEGAL ISSUES FOR MANAGERS (LIM)

Trimester 1, 2017

MODULES 1 & 2
Study and Seminar Guide

Student Copy
Seminar Questions for Seminars 1 – 5 Based on
Modules 1 & 2

Page 1 of 40
 REMINDER NOTICES (COURSE PROFILE etc.)

A few reminders for up until the Mid-Semester Exam

 Modules 1 and 2 will be tested on the Mid-Semester Multiple Choice

Exam (which is restricted open book – no text books, library books or
electronic resources, however, you are allowed any other materials.
You may write notes in all materials and flag pages etc., see slide
‘What can I bring to the Mid-Semester Exam’ under Course Content).

 Modules 1 and 2 will NOT be re-tested on the Final Exam.

What Can I Bring to the Mid-Semester Exam?

You can bring in any notes, folders etc., but NO TEXTBOOKS, NO ELECTRONIC EQUIPMENT
and NO LIBRARY BOOKS.

Frequently Asked Questions:

• Can I bring my lecture notes and my own notes in any printed or written form (i.e
printed Excel, Word, handwritten? YES
• Can I bring my seminar (tutorial) homework questions? YES
• Can I bring in my laptop/tablet or other electronic device (or one that belongs to my
friend)? NO
• Can I bring in my textbook? NO
• I don’t have the current textbook, can I bring in an older version or other textbook?
NO.
• Can I borrow the library copy of the textbook and bring it? NO
• Can I write on my lecture/seminar notes? YES
• Can I write on my notes in my own language? YES

 Modules 3, 4 & 5 Seminar Content will be made available at the time

those modules are taught.

Page 2 of 40
 Please note the following details. Your tutor will provide her or his details at the first
seminar. This person will be your first point of contact for this course.

Seminar and Tutor Details Student to complete

Student’s seminar room

number:
Student’s seminar time:
(required for assignment
submission)
Student’s tutor’s name:
(required for assignment
submission)
Student’s tutor’s contact
details (including email and
consultation time):
Consultation rooms for
convenor and tutors (on
seminar days):
Note your tutor’s own details Also see Learning@Griffith Course Website under
here. Teaching Team for a range of consultation times shared
between the teaching staff and locations.

There is a list of tutors and their class numbers available on the Course Website. Please
ensure that you copy your tutor’s details down and retain them. If you need to contact your
tutor at a later date, you will need to find your tutors details on the Course Website using
both your student timetable and your class number. Do not contact the Course
Convenor/Lecturer or Head Tutor for this information as it readily available to you on the
Course Website. You must take personal responsibility for your learning at university.

Page 3 of 40
 Remember to read the announcements on the
course web page regularly!

What to do if you have a problem?

Due to the large number of students in this course, if you have queries or questions, for
the best use of your time you should follow these instructions:

1. Read this Study Guide carefully - it contains a lot of useful information.

2. Check the Legal Issues for Managers Learning@Griffith Course Website.
3. Speak to your tutor during class.
4. Speak to any of the tutors by attending any of the consultation times available.
5. If you still do not understand the course materials, email your tutor to make an
appointment for a further consultation outlining your concerns.
6. If you are still having trouble with the course materials, ask your tutor to sign a
referral note to see the Course Convenor/Lecturer. This will allow the tutor to
explain the problem you are having and what attempts have been made to learn
the materials to get to the issue.

Note: The tutors and the Course Convenor will expect that students have attended the
lectures, read the required textbook readings and made an attempt at the homework
before students consult with their tutors or the Course Convenor. That way the tutors
and the Course Convenor will be best able to utilise the consultation time available for
all students.

Any administrative issues, such as the timing of deferred exams, should be

addressed to the Program Services Officer (PSO) via the following email
address: GIR-PSO@griffith.edu.au

Expected email etiquette

Remember:
1. Before sending off your email, please observe the following points:
a. Make sure that your language is sufficiently polite and respectful (including
starting with an appropriate salutation and signing off with your name).
b. Run spell-check and grammar-check to ensure that the spelling and sentence
structures are as accurate as possible so that staff can respond appropriately.
c. Above all, bear in mind that we are not your classmates; we are your teachers.
You are communicating with us in an academic context, not a social network
site.

Page 4 of 40
You have
a query

Can it be Consult a
answered by yes dictionary
a dictionary?

N
O

Can it be
answered yes Go online
online?

N
O

Can it be See Teaching

addressed in Team during
yes
consultation consultation
time?

N
O
Add your name,
student number and Correct
Write campus permanently to your
an your email signature grammar
block
email
n n
o o
Does your
email start Does the Is the Is the
with a email close spelling grammar
YES YES YES
salutation? with your correct? correct?
name?
n n Y
o o E
S

Add a salutation to Correct

subject line of email your Send
or your email spelling your
signature: Course
Name & Code,
email
Student Number &
Campus

Page 5 of 40
 LECTURE OVERVIEW

In both lectures and seminars, students will be actively encouraged to engage in discussion
by raising questions and providing suggested answers. Seminars will be in a small group
setting, which will allow discussion of legal problems and the policy issues they entail.

In the lectures, the lecturer will provide an overview of the learning modules. Each lecture,
the lecturer will introduce the learning objectives, the key concepts and issues for each
topic and provide advice on assessment, guidelines for study and other matters. Please
note, lectures are not simply a summary of the textbook chapter. Lectures may involve
guest lectures or audio-visual materials. Copies of lecture PowerPoint slides will be posted
on the Learning@Griffith Course Website. You are expected to attend the lecture sessions.

SEMINAR OVERVIEW

There will be 10 seminars during the trimester.

Ensure that you check your personal timetable to see which room has been allocated to the
seminar you have chosen. To minimise disruption and confusion in this course which has
large student numbers, seminar swapping is not generally permitted without a reason that
complies with University policy! Students will only be able to submit to and have their
assignment marked by the tutor of the class for which the student is officially enrolled.
SafeAssign does not allow for changes in this regard. Make sure you check the
announcements on the Learning@Griffith Course Website for any special instructions
regarding your seminars.

Ensure that you bring your completed seminar questions and lecture notes from the
previous lecture to every seminar (i.e. for your first seminar class, you need to bring this
document and Lecture 1 notes). It is also a very good idea to take your seminar notes to the
lecture and read them before that lecture so that you can listen to the content purposely.
Seminar questions for each Module, containing homework exercises will be placed on the
Course Website progressively. Please ensure you print these out and bring them to each
seminar class. You will not get value from the seminars if you do not prepare. In addition to
the homework that is set for students to complete, sometimes other exercises may be
covered. All materials in the course are examinable.

Classes start on the hour and finish approximately 10 minutes to the hour.

Students are expected to demonstrate that adequate preparation has been completed prior
to seminars. Students must complete the prescribed readings relevant to each seminar to
get the most out of classes. Typically from the third seminar onwards, the seminar problems
will take the form of a hypothetical fact situation, where students will be asked to advise X
or Y, and to identify and explain legal arguments and remedies which are available. They are
designed to assess students' ability to come to terms with and resolve legal problems. Your
tutor will discuss the seminar questions in class with emphasis placed on a legal solution and
with a clear identification of relevant legal principles. Students are expected to participate in
the seminar discussion in class and to prepare answers to all seminar questions. Seminar
PowerPoint slides will be posted on the Learning@Griffith Course Website after seminar
classes. Please note however, that they are simply a brief outline of the seminar and this is
not a substitute for attendance. To prevent plagiarism issues in the (restricted) students
Page 6 of 40
should be able to come to terms with legal problems and write their own solutions.
However, it is of course acceptable to use legal phrases as taught and expected from you.
Some demonstration ILAC answers on topics that are not examinable in ILAC form (in this
course or subsequent courses) will also be provided along with a guide to answering ILAC
hypotheticals.

Other Information
It is highly recommended that students attend seminars for these reasons:
1. Because of the way the course is structured, missing these classes will result in
students falling behind very quickly; in particular from the third seminar onwards.
2. The lectures and seminars will assist students in comprehending the complex subject
matter covered in the course.
3. Detailed information is discussed during seminars. Students often find this similar to
having attendance marks because they are rewarded when answers are verbally
discussed, as they learn how their own answers can be improved, and the expected
standards in answering ILAC questions.

Extra resources including lecture notes, reading lists, notices and other materials will be
placed on the website; check it every day before lectures.

NOTES ON STUDY TECHNIQUES FOR STUDENTS - HOW TO BEST APPROACH THIS COURSE:
GETTING THE MOST OUT OF LECTURES
• Do the recommended reading. Preferably take notes as you do them. This course is
HIGHLY INTENSIVE and assumes a cumulative acquisition of legal knowledge, in
particular, to answer ILAC hypotheticals. DO NOT GET LEFT BEHIND - it will be very
difficult to catch up later.
• Do not attempt to write down everything the lecturer says. It will not be possible
physically and may even distract from your learning, but do take notes.
• Try to sort out the important points the lecturer is emphasising and
underline/highlight them and take some notes. In particular, listen for the points that
the lecturer emphasises.
• The exam is a fact of life! You must plan for it accordingly. The exams are open book
with restrictions. Therefore consider flagging pages and/or writing notes in the margin.
• Consider making an Excel spreadsheet as a summary of the key
points/definitions/cases etc.
• DO NOT leave your study until a few days before the exam. You will need to plan
your study systematically.
• DO NOT underestimate the volume of material to be learnt or the fact that the exams
are open book with restrictions. If you do, it is likely that you will run out of time to
properly complete the exam. Seminar sessions will give you practice in attempting
problem-type questions which are a feature of law exams.

SOME BASIC TIPS:

1. Read the question carefully. Briefly plan your answer before you write!

2. Think about:
 “What are the legal issues raised by the question?”
 “What does the question ask you to do? Have you answered it properly?”

3. To prepare for the exams you will need to allow adequate time for revising and
learning notes. Summarising lecture notes and texts is a useful method of doing this.
Page 7 of 40
4. Note down:
 The topics/subtopics/headings
 The legal issues
 The legal terms
 The references to texts, cases or legislation.

5. Develop your own form of shorthand, for example:

 E with a circle around it for  Partnership = P'ship
Exam hint!  Discrimination – Discrim’n
 Court – Ct  Employment – Emp’t
 High Court – H/Ct  Plaintiff = Plt
 Supreme – Sup Ct  Defendant = Def
 Contract = K
 Company = Co.

Page 8 of 40
 KEY STUDENT-RELATED POLICIES

All University policy documents are accessible to students via the University’s Policy Library
website at: www.griffith.edu.au/policylibrary . Key words for policy documents include:
 Academic Standing, Progression and Exclusion Policy
 Assessment Policy – please note that this applies to your seminar assessment
 End of Centrally Administered Examinations Policy and Procedures
 Guideline on Student E-Mail
 Health and Safety Policy
 Institutional Framework for Promoting Academic Integrity among Students
 Student Grievances and Appeals Policy
 Student Administration Policy
 Student Charter

UNIVERSITY SUPPORT RESOURCES

The University provides many facilities and support services to assist students in their
studies. Links to information about University support resources available to students are
included below for easy reference.

STUDENT SERVICES

Student Services offers support in terms of personal and career assistance. The Student
Services web page is located on their website: http://www.griffith.edu.au/student-equity-
services. Student Services comprises six units:

 Counselling Service provides free, confidential, short-term counselling.

 The Welfare Office is available for information and assistance with student loans,
Centrelink payments, budgeting, tenancy and other welfare issues.
 Careers and Employment Service assists in career planning through careers
counselling, career information seminars and employment assistance.
 Health Service provides a general practice service to all students and staff. Bulk
billing applies.
 Student Equity Services delivers integrated, specialist support services to assist
students from equity groups and staff working with students.
 Chaplaincy offers scripture study and opportunities to explore faith, spirituality,
prayer and justice issues.

WHERE DO I GET HELP WITH MY WRITING SKILLS?

You can also get help with your assignment from Learning Services. Learning Services within
the Division of Information Services provides learning support in three skill areas: computing
skills; library research skills; and academic skills. The study skills resources on the website
include self-help tasks which focus on critical thinking, exam skills, note taking, preparing
presentations, referencing, writing, proof reading, and time management.

Visit the website http://www.griffith.edu.au/library/workshops-training for information

about academic skills, computing skills and library research skills.

Page 9 of 40
EnglishHelp
Language help: GC and Nathan - HELP: Higher Education Language Program:
www.griffith.edu.au/englishhelp. To email EnglishHelp: englishhelp@griffith.edu.au

There are also a variety of websites which can assist with writing examples eg.:
http://owl.english.purdue.edu/owl

Learning Centres - the University provides access to common use computing facilities for
educational purposes. For details visit www.griffith.edu.au/student-computing

Learning@Griffith - there is a dedicated GBS (Griffith Business School) website for this
course via the Learning@Griffith student portal.

Plagiarism will be reported. SafeAssign picks up work

that is similar to that of other students, previous
students, websites etc. Take care not to plagiarise –
the possible consequences are not worth the risk!

Page 10 of 40
 2007GIR
LEGAL ISSUES FOR MANAGERS (LIMS)

MODULE 1
Study and Seminar Guide
Seminar Questions for Seminar 1
Based on Module 1
(Lecture 1)

The spacing provided in this seminar booklet should provide you

with a general guide as to the length of answer expected.

Students: This is an applied course. Please prepare for and attend

the seminars (workshops) – basic PowerPoint answers will be
provided after the seminars for that topic have concluded on both
campuses, but you should still take a few notes of your own, adding
to the answers you have prepared. After the seminars you should
practice improving your own answers by adding anything extra you
have learned. Module 1 is the easiest module and the work will
become progressively more challenging as you learn to problem
solve via the ILAC method (which will be discussed in both lectures
and seminars). Please attend the seminars and stay up to date with
your work.

Page 11 of 40
 MODULE 1 - Seminar Questions

Seminar 1
Covers: Law for Managers - The importance of law for managers and its origins, judge
made law, Parliament made law, the importance of administrative regulation and ILAC

Question 1:
Discuss the differences between the Common Law system (as we have in Australia) and the
Civil Law system (as found in Western Europe).
Answer:

Question 2:
What are the main differences between Criminal Law and Civil Law in Australia? Give
examples of different types of both Criminal and Civil laws.
Answer:

Page 12 of 40
Question 3:
Explain the difference between the terms ‘statute’ (also known as ‘legislation’) and
‘common law’ in Australia.
Answer:

Question 4:
Explain the ‘Doctrine of the Separation of Powers’. In your answer, state any sections of the
Constitution that you believe to be relevant.
Answer:

Question 5:
Based on the ‘Doctrine of the Separation of Powers’, which particular power is being
exercised in each of the following scenarios?

(a) The Prime Minister signs a document which establishes a free trade agreement
between Australia and China.

Answer:

(b) All members of the Upper House vote “yes” to a Bill that will see the introduction of
compulsory army training (for 6 months) for all Australians when they turn 18.

Answer:

(c) Lionel (who used to be a Minister in the Federal Government) hands down a
decision in the High Court of Australia, where he is currently the Chief Justice.

Answer:

Page 13 of 40
Question 6:
Draw a map outlining the Court hierarchy in Australia, Queensland & New South Wales.
Answer:

Question 7:
Which of the following is the highest Queensland Court?
(a) Queensland District Court
(b) Queensland Supreme Court
(c) Queensland Supreme Court of Appeal
(d) Queensland Magistrates Court

Answer:

Question 8:
Malcolm owes Angus $85,000, but he refuses to pay. Angus decides to take the matter to
court in Queensland. In which court would the matter be heard for the first time? Would
the matter be heard as part of the Court’s “original” or “appellate” jurisdiction?
Answer:

Page 14 of 40
Question 9:
What do the terms “Ratio Decidendi” and “Obiter Dictum” mean, and how are they
different?
Answer:

Question 10:
(a) Is the ratio decidendi of the Qld District Court binding on the Qld Magistrates Court?
(b) Is the obiter dictum of the Qld Supreme Court of Appeal binding on the Qld District
Court?
(c) Is the ratio decidendi of the Qld Supreme Court binding on the NSW District Court?

Answer:

Question 11:
What is the doctrine of precedent (the principle of “stare decisis”), and how does it work?
Answer:

Page 15 of 40
Question 12:
What are the three main rules used to interpret statutes and how do they apply?
Answer:

NOTES:

Are there any particular areas that you do not understand or that were not covered in the
seminar questions? For example, was there something you may have read in the textbook,
or that might have been mentioned in the first lecture? If so, write them down to ask your
tutor at the end of the class if there is time available or feel free to visit any of the available
tutors during consultation hours.

Please continue to do this for the remainder of your seminar classes until the end of . These
consultation times are a valuable resource for students and the tutors are here to help you
so please take advantage of this beneficial and effective resource. For effective use of tutor
time and to prevent email plagiarism issues, much more extensive feedback can be provided
during consultation time as opposed to email discussion.

Remember that you may attend any of the consultation times available, you do not have to
meet only with your own tutor. It can sometimes be very helpful to meet with one of the
other tutors and to look at a question you might have from the viewpoint of one of the
other tutors.

Page 16 of 40
End of Module 1 (examinable on Mid-Semester Exam only). Next seminar we start ILAC
hypotheticals, please try to complete the next seminar’s ILAC before class.

See you next seminar!

When we start practicing ILAC Hypotheticals next seminar – ‘ILAC’ is an acronym for:
1. Issues - questions which need to be resolved; legal issue in dispute.
2. Law (Relevant) - refer to the relevant statutes & cases; relevant in that, they are those
principles required to resolve the legal dispute.
3. Analysis (Argument, Application) – apply legal principles (and analysis) to the facts of
the problem - use the relevant law to argue your case.
4. Conclusion - what would the court decide & what remedy might they give, if any.

Please ensure that you have read the Tips & Tricks Document provided by Ben as a Guide
to answering ILAC questions before the next lecture.

Page 17 of 40
 2007GIR
LEGAL ISSUES FOR MANAGERS (LIMS)
MODULE 2
Study and Seminar Guide
Seminar Questions
Based on Module 2
Repeat message! REMINDER NOTICES (COURSE PROFILE etc.)

A few reminders for up until the Mid-Semester Exam

 Modules 1 and 2 will be tested on the Mid-Semester Multiple Choice Exam (which
is restricted open book – no library books or electronic resources, however, you
are allowed any other materials. You may write notes in all materials and flag
pages etc., see slide ‘What can I bring to the Mid-Semester Exam’ under Course
Content).
 Modules 1 and 2 will NOT be re-tested on the Final Exam.

MODULE 2 – Seminar Questions

Seminar 2
Covers: Contracts and introduction to ILAC – Essential elements of contract

Question 1:
What are the essential elements of a contract?
Answer:

Page 18 of 40
Question 2:
(a) In domestic (and social and voluntary) agreements, the presumption of the court is
that there is no binding contract. Is this TRUE or FALSE? Name one case (from the
lecture slides) that supports that presumption.
Answer:

(b) In business/commercial agreements, the presumption of the court is that there is no

binding contract. Is this TRUE or FALSE? Name one case (from the lecture slides)
that supports that presumption.
Answer:

Page 19 of 40
Question 3: (ILAC 1 of 2)
Keith and Patti lived in Sussex, England, with their two daughters. Keith worked in the music
industry and Patti as a hairdresser. Patti’s only living relative is her wealthy 85 year old
grandmother, Trudy, who moved into an apartment on the Gold Coast in Australia in 2015.
Trudy greatly missed her great-grandchildren and in 2017 wrote to Patti and Keith asking
them to leave Sussex and come and live at the Gold Coast so she could be close to them and
their children. She said she would buy them a large family home, right on the beach, and
pay for all their living expenses until Keith and Patti found new jobs. While Keith had a good
job, Patti’s career was going nowhere, so based on Trudy’s offer the family sold their home,
quit their jobs and moved to Australia.
The whole family lived in Trudy’s large apartment while they tried to find a suitable place of
their own. Unfortunately, Trudy and the family fought day and night. Trudy did not get on
with the girls, now teenagers, and in a rage threw the whole family out of her apartment
and told them she would not buy them a home after-all. The family moved out of Trudy’s
apartment and rented a house at Nerang.
Keith and Patti want to know if they can force Trudy to honour her promise to buy them a
home and to pay for their living expenses until they find jobs.
Answer:
Issue:
Identify the questions (legal issues) which need to be resolved. Phrase it as a legal question
that you are going to use to answer the problem.
 Hints for students:
o In order to answer this question and the next question, you need to think
about Elements 1 and 2 which were discussed in Lecture 3.
o In this case, the issue (legal question) should discuss whether there was an
enforceable contractual relationship between the parties. Try to use the
parties’ names in the legal question.
Issue:

Law:
List the names of the supporting cases and a brief summary of the relevant legal principle
here.
 Hints for students:
o For contract law hypotheticals, legislation will not apply. For our purposes,
most of contract law is based on the common law.
o To help you identify the relevant law, you should consider:
 What type of law is involved here?
 What is the specific part of the law that is in question?

Page 20 of 40
  Who is asking you for advice (ie. Who is your client)?
 What is the case that will support your client’s argument?
 Are there any cases that may be adverse to your client’s argument?

Law:

Application/Analysis/Argument:
Apply the legal principles identified in the “Law” section to the facts of the question.
 Hints for students:
o Explain how the cases (identified in the “Law” section above) apply to this
scenario. Treat it like a short essay, supporting your argument by using the
cases.

Application:

Page 21 of 40
Conclusion:
State what the court is likely to decide, and what remedies would be ordered (if any).
 Hints for students:
o Come to a conclusion of what you think the court is likely to decide based on
the cases discussed in your application.
o Do not ‘sit on the fence’, you must try to make a firm conclusion ie. What is
the likely outcome?
o A good way to start your conclusion would be: ‘On the balance of
probabilities, it is likely that…..’
o Give a brief summary of how you applied the legal principles to answer the
legal question that you raised in the “Issue” section.
Conclusion:

Question 4:
Continued from the facts above … A week after Keith and Patti had moved into their new
house they went shopping and saw a 46 inch, high definition plasma TV in the window of
Amazing Hi Fi, for only $1,500. They were so impressed with the price that they walked into
the store and told the sales assistant that they would immediately buy the TV in the
window. On closer inspection the sales assistant realised the price was wrong and told
them it should be $2,500. He apologised and asked them if they still wanted the TV at the
proper price. Keith and Patti were not happy, and insisted that the store sell them the TV at
the advertised price.
Keith and Patti wish to know if they have a legal agreement with Amazing Hi Fi to purchase
the TV for $1,500.
 NOTE – this time we only want you to pick the most correct case (look for a case
with similar facts). You do not need to apply ILAC to this question.
Answer:

Issue: (Not required for this question, as we simply want you to find a key case for this
problem, but you can practise the ILAC here if you choose).

Page 22 of 40
Law: (Not required for this question, as we simply want you to find a key case for this
problem, but you can practise the ILAC here if you choose).

Application: (Not required for this question, as we simply want you to find a key case for
this problem, but you can practise the ILAC here if you choose).

Conclusion: (Not required for this question, as we simply want you to find a key case for
this problem, but you can practise the ILAC here if you choose).

Page 23 of 40
 MODULE 2 - Seminar Questions cont.

Seminar 3

Covers: Contract – Continuation of essential elements of contract

The main case of review for this seminar’s homework is:

Commercial Bank of Australia Ltd v Amadio [1983] HCA 14, (1983) 151 CLR 447

Please use the print screens below to locate this case on the AustLii Website, and then
answer the questions below for the seminar. You do not need to print out the case, simply
answer the questions.

You only have to print and read the first and last page of the case to answer Questions 1, 2
and 4. These answers should be easy to find but if you need a re-cap about how to read a
case, see the example in the lecture slides that we discussed in class.

You can answer Question 3 by reading the textbook or reading the case in detail.

To locate this case you will need to follow the steps (a) – (g); these are indicated on the print
screens below:
(a) Visit the Austlii website: http://www.austlii.edu.au
(b) Click on [Advanced Search]
(a)

(b)

(c) In the [Find] box, use the drop down arrow to select “this case name”
(d) In the [Enter search query] box, type “Commercial Bank of Australia Ltd v Amadio”

Page 24 of 40
 (e) In the [Select the AustLii Database(s) to search] box, scroll down and use your cursor
to select/highlight “Commonwealth: High Court of Australia”
(f) Press [Search]

(d)

(c)
(f)

(e)

(g) Click on the link to the case Commercial Bank of Australia Ltd v Amadio

(g)

Page 25 of 40
Question 1:
What were the names of the judges in this case? (Found on the front page of the case)
Answer:

Question 2:
Which court was the decision appealed from? (Found on the front page of the case)
Answer:

Question 3:
What were the material (significant) facts in the Amadio case? (Note: There is no need to
read the case in detail, a summary of the facts can be found in the textbook for this
question)
Answer:

Question 4:
What was the decision of the High Court in this case?

Answer:

Page 26 of 40
Question 5:
What does the term ‘promissory estoppel’ mean? Which key case establishes this principle?
Answer:

Question 6: (Short Answer response – fill in the blank – these types of questions will be on
the final exam only. The Mid-Semester Exam is multiple choice only).
If the contract is illegal as formed, the contract is ……………………………………….. and neither
party has any rights or remedies.
Answer:

Question 7:
List the different types of mistake, an explanation of each and a case example (name) for
each.
Answer:

Page 27 of 40
Question 8:
Answer:

a) What is meant by the term “consideration”?

b) List some examples of valid consideration.
c) Is past consideration normally valid consideration?

Answer:

a)

b)

c)

Question 9:
In regard to unconscionable conduct, what has to be established for the contract to be set
aside? Which key case establishes this principle?

Page 28 of 40
Question 10: (ILAC 2 of 2)
Bruno Marsous is an elderly Greek migrant who has a limited ability to write or read English.
Bruno told Lucile, a real estate agent, that he wished to sell a block of land he owns to his
friend, Morticia for $500,000. Bruno asks Lucile to prepare the contract of sale for him.
Lucile prepares the contract, but rather than putting Morticia’s name on the contract, she
deliberately puts her own name in the contract instead. Lucile gives the contract to Bruno
to sign and he signs it without reading it. Bruno is busy with his fruit store and does not
seek legal advice about the contract. When Bruno discovers what Lucile has done, he wants
to terminate the contract with Lucile immediately. Lucile is insisting on enforcing the
contract.
Advise Bruno whether the contract can be set aside on the basis of unconscionable conduct.
Illustrate your answer with relevant legal principles from one decided case. There is no
need to refer to legislation. You only need to deal with the issue of unconscionable
conduct. Ensure that you discuss the four elements that must be established for a contract
to be set aside as unconscionable.

Answer:
Issue:

Law:

Application:

Page 29 of 40
Conclusion:

Page 30 of 40
 MODULE 2 - Seminar Questions cont.

Seminar 4
Covers: Contract – Ending the contract. Essential elements of contract continued.

Question 1:
a) What is meant by the expression: ‘the terms of a contract’?
b) Are they legally binding?
Answer:

Question 2:
What are “express” and “implied” terms? Explain the difference between them.
Answer:

Question 3:
(a) Define the terms “representation”, “condition” and “warranty” and explain the
differences between them.
(b) Which, if any, are legally binding and what is their effect?
Answer:

Page 31 of 40
Question 4:
What is the ‘Parol Evidence Rule’? What are the exceptions to this rule?
Answer:

Question 5:
What is an exclusion (or exemption) clause? When will an exclusion clause be effective?
Answer:

Question 6:
List the different ways a contract can be discharged (Hint: You can mention up to six
different ways).
Answer:

Page 32 of 40
Question 7:
List the different types of remedies available for breach of contract and give a short
explanation of each.
Answer:

Question 8: (ILAC 1 of 1) (there should be plenty of time for your tutor to check any of
your work to date at the end of this seminar, including this ILAC question)

Ben decides to employ Aidan’s band, known as ‘Rhythm and Rock’, to play at the Nathan
Hotel on 1 April 2017. Ben and Aidan meet to negotiate the terms of the contract. After
both parties have agreed on the terms, they both sign the contract. Unfortunately, neither
of them realised that during the meeting, the hotel had been hit by a meteorite and had
burned down!

What is the legal principle that applies to this situation and what must the plaintiff (Aidan)
prove? Make sure you mention one key case that applies to this question.

Answer:
Issue:

Page 33 of 40
Law:

Application:

Conclusion:

Page 34 of 40
 MODULE 2 - Seminar Questions cont.

Seminar 5 Questions
Covers: Australian Consumer Law – Consumer Protection Law

Question 1:
What is the main purpose of the Australian Consumer Law (ACL) (Schedule 2 to the
Competition and Consumer Act 2010 (Cth))?
Answer

Question 2:
What does “misleading and deceptive conduct” mean under the ACL? What section of the
ACL is relevant?
Answer

Page 35 of 40
Question 3:
(a) What are the consumer guarantees that are contained in the ACL?
(b) To what extent can the remedies be excluded?
Answer

Question 4: (ILAC 1 of 2)
Robert is renovating his home kitchen and decides to replace the old electric oven. He buys
a new gas oven from Nice Guys, who deliver and install it for him. A few days later, Robert
is cooking a roast dinner in the oven and it explodes, causing substantial damage to his
house.

Robert contacts Nice Guys to demand compensation for the damage, but he is told that the
manufacturer, Dodgy Brothers, supplied it with a defective oven. Nice Guys claim that
because it was only the supplier, and not the manufacturer, it is not responsible for the
explosion.

Does Robert have any rights under the Australian Consumer Law?

Answer:
Issue:

Law:

Page 36 of 40
Application:

Page 37 of 40
Conclusion:

Question 5: (ILAC 2 of 2)
Mr Smith decides to sell his hotel, The King’s Feet Hotel, which operates 160 poker
machines. Mr Jones, a potential buyer, inspects the Hotel, counts 160 poker machines in
the gaming room of the Hotel, and inspects the financial records.

Mr Jones decides that the selling price of $5 million is quite reasonable considering the
amount of money the poker machines are earning for the Hotel, so he decides to buy the
Hotel.

One month after taking ownership, Mr Jones receives a letter from the Government
informing him that the Hotel is only licensed to operate 80 poker machines. Mr Jones has
had to shut down half of the poker machines in the Hotel. This also means that he paid too
much for the Hotel given that the poker machine income has now been halved.

Mr Jones comes to you for advice. Advise him if any of the unfair practice provisions of the
ACL have been breached.

Answer:
Issue:

Page 38 of 40
Law:

Application:

Conclusion:

Page 39 of 40
NOTES:
We have now finished contract law (Module 2). Are there any particular areas that you do
not understand or that were not covered in the Seminar questions? For example,
something you may have read in the textbook, or that might have been mentioned in the
lectures. If so, write them down to ask your tutor at the end of the class if there is time
available or feel free visit any of the available tutors during consultation hours. These
consultations are a valuable resource for students and the teaching team are here to help
you, so please take advantage of this beneficial and effective resource. Remember that you
may attend any of the consultation times available, you do not have to meet only with your
own tutor. It can sometimes be very helpful to meet with one of the other tutors and to
look at a question you might have from the viewpoint of one of the other tutors.

Reminder
* Modules 1 & 2 will be tested on the Mid-Semester Multiple
Choice Exam (which is restricted open book – NO library
books or electronic resources – you are allowed any other
materials – see lecture slide – ‘What can I bring to the Mid-
Semester Exam’ PowerPoint slide under Course Content).
* Modules 1 & 2 will NOT be retested on the Final Exam.

What Can I Bring to the Mid-Semester Exam?

You can bring in any notes, folders etc., but NO TEXTBOOKS, NO ELECTRONIC EQUIPMENT
and NO LIBRARY BOOKS.

Frequently Asked Questions:

• Can I bring my lecture notes and my own notes in any printed or written form (i.e
printed Excel, Word, handwritten? YES
• Can I bring my seminar (tutorial) homework questions? YES
• Can I bring in my laptop/tablet or other electronic device (or one that belongs to my
friend)? NO
• Can I bring in my textbook? NO
• I don’t have the current textbook, can I bring in an older version or other textbook?
NO.
• Can I borrow the library copy of the textbook and bring it? NO
• Can I write on my lecture/seminar notes? YES
• Can I write on my notes in my own language? YES

Page 40 of 40