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.