Please do not consider theCompetition and Consumer Act 2010(Cth) in answering these questions, as we have not yet covered that topic. Pleasebe advisedthat the word limit of 2 200 words is a total for both questions (ie it is not 2 200 words for each question). I would however expect that students should be able to answer both questions in far less than 2 200 words. Please make sure to follow the presentation and stylistic rules contained on pages 5-7 and under. See ‘Presentation’ below. In answering these questions, please follow the I.R.A.C or I.L.A.C models. Question 1 [15 marks] Gloria is a very well known South American model with a very promising future. Gloria’s voluptuous figure has secured her several multi-million dollar contracts all over the world. Gloria has been at a party. She has been drinking heavily and cannot walk properly. She walks home and crosses the road without looking for traffic. Roberto is driving his car down the road, he does not see Gloria because he is searching for his mobile phone,which is ringing inside his bag, and hewants to answer it. He hits her, breaking her legs and arms. Susana, who was eight months pregnant at the time, witnessed the accident. She suffered nervous shock as a result of hearing the noise and then seeing the aftermath.Five weeks later, Susanagave birth to a still born baby. Advise what legal liabilities arise out of this situation. Cite case law and legislation (NSW) where relevant. Question 2 [15 marks] Stephen, owner of Magnetic Microchips Office Solutions Pty Ltd, asks you for advice in the following matters: In July, Stephen fell in love with Lola, a Cuban singer and dancer, who was introduced to him by Money Penny, his office manager. Lola regarded Stephen as very kind and sweet, but did not have feelings of a romantic nature for him as he was 40 years her senior, and too conservative for her personal taste. However, they spent a lot of time together and he became emotionally dependant on her. On 5 August, Lola rings Stephen crying, and tells him that she and her five childrenare going to be evicted from the house they occupy in Double Bay, a verynice suburb in Sydney. She also tells him that shehas lost her job at the ‘Hot Cocoa Bar & Bistro’. Stephen felt very sorry for Lola, and generously made a gift of $950 000 to her, to enable her to buy a house in her own name. A month later Stephen finds out that Lola lied to him about losing her job, and the impending eviction. Stephen is thinking of putting in a new printing system in his factory. He has been in negotiations with Print It Ltd, owned by Sarah. One Monday morning he comes into his office and sees the latest draft contract from Print It Ltd, with details of specifications of the printing system, price and installation date. The top sheet of the contract contains a space which says “I agree to these terms of supply” and with a space for a signature and date. Stephen sets the contract aside on his desk, and it soon gets mixed up with piles of other paperwork. Later during the day, he signs the form, thinking that it was the front page of another contract he had been sent by a supplier of microchips. He gives it to his office manager, Money Penny, and says “Send this by fax”. A few days later a truck from Print It Ltd arrives at Stephen’s factory. Stephen phones up Sarah and says he never agreed to the installation. When Sarah tells him about the fax, he realizes his mistake and tells her that he had sent it by accident. She says “Too bad, we have a deal – I have already spent several thousand dollars making customized components for your system”. Rationale This assignment is designed to assess the following subject learning objectives: -your understanding of the law of torts (Topics 3 and 4) -your understanding of aspects of contract law (Topics 5 and 6) -your ability to apply legal rules to fact-situations and to solve legal problems -your ability to conduct basic legal research.
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