Problem Based Case Study Assignment代写

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Simmy  is a business graduate and running her own construction business. She has seen an

advertisement in local newspaper a few weeks before specifying that a big local equipment

hiring business (Queen Treasure) offering the building equipment for hiring also claimed to

offer $10,000 as compensation if any incident happened due to their equipment.

Simmy  decided to hire equipment (some ladders and planks to enable) from Queen

Treasure based in Melbourne, for her workers to paint the exterior of one of the client’s

house. When Lang (her worker) collected the hired goods, Lang’s was asked to sign a hiring

agreement. Lang immediately brought this concern into notice of Simmy.  Simmy  called Queen

Treasure and asked why Lang must sign an agreement, the employee of Queen Treasure

replied: - "It is just for insurance purposes".

Lang did not read the terms and conditions of the agreement, but signed it as requested by

the employee of Queen Treasure.

Whilst Lang was using the equipment, one of the ladders collapses since the rope that

prevents the ladder from collapsing was badly worn and was seriously injured, ladder was

LAW101 Business Law  Assignment  Page 4 of 4

broken and walls of the house were damaged.

After this incident, Simmy tried to sue the hiring firm for damages, her attention was drawn

to a clause on the back of the printed hiring agreement signed by Lang as: -

"The owner of hired goods accepts no responsibility for personal injuries or

damages suffered by persons using our equipment during the period of hire,

irrespective of whether such injuries are caused by breach of contract,

negligence or any other cause whatsoever".

Simmy contacted you to seek your advice on following matters:

a)  Whether she can successfully sue ‘Queen Treasure’ for damages. Advise Simmy.

Support your answer with precedents, legal principles, cases and legislation.

(5 Marks)

b)  Would your answer be different assuming the advertisement was mere puff under

Contract Law and application of Consumer Law on advertisement? Support your

answer with precedents, legal principles, cases and relevant legislation.

(5 Marks)

c)  Consider these circumstances further:

I.  If Lang was forced (by  Queen Treasure ) to sign the agreement;

II.  Lang was intoxicated while signing the agreement; and

III.  Lang was two months for from being adult while signing the agreement.

Discuss in detail legal value of the contract in these circumstances and the defenses

available to her. Support your answers with reference to case law and relevant

legislations. Also discuss the position of Lang in this event.

Your answer must focus on Contract Law, Consumer Law, Tort, responsibilities and

liabilities of Business, and any other relevant legislations.

(5 Marks)

d)  Proper/correct referencing and presentation of work.