INSTRUCTIONS:
1. File: Commercial Law Mid-sem test – is an example of IRAC for contact and negligence where I write for my previous assessment, it was not a difficult test compare to the exam because I did a while ago where there are not much lecture materials for contract law. I only get 30/40 for this assessment, maybe because I forgot to put some of the legal case or misunderstood the case.
2. File: HD Answer to Practice Question-1 – this file was given by my teacher, it is a HD answer example to negligence and contract. In here it was not a hard contact case study.
Remember to read the comments made by the teacher in this file, it is IMPORTANT.
-we need to write the case study inside the answers, and link it with a legal case (put the legal case inside the paragraph)
3. PPT: revision lecture – summarized the whole lecture, but its also important to read the lecture slides in (FILE: LECTURE SLIDES).
4. Sample exam questions: contains exam questions from previous exam
5. IT IS IMPORTANT TO WRITE THE ANSWERS FOR THE QUESTIONS IN THE CORRECT FORMAT (IRAC, put the correct legal case, link it with the case study)
If it not in the correct format they won’t give any marks
Use the legal case that is in the lecture slides, it is what the teacher expects us to use.
6. FOLLOW THE FORMAT FOR SAMPLE EXAM QUESTIONS
7. Do not forget any of the elements that need to be mention in negligence
(EX:negligence
1. in DOC – The neighbour principle,scope of liability
2. IN breach DOC :reasonable person test:
- The probability that the harm would occur if care was not taken (Romeo v Conservation Comm’n of NorthernTerritory; Bolton v Stone)
- The likely seriousness of the harm (Paris v Stepney Borough Council)
- The burden of taking precautions to avoid the risk of harm (Latimer v AEC Ltd)
- The social utility of the activity that creates the risk of harm (Watt v Hertfordshire County Council)
3. Damage caused by Breach of Duty of Care:
Two aspects to damage:
1. The damage suffered by plaintiff must be caused by the defendant.
Use the ‘but for’ test : Yates v Jones
2. The damage must not be too remote. Hence, only damage that is reasonably foreseeable is recoverable: the Wagon Mound case
4. Defences to Negligence Action:
- Contributory negligence:
– Court reduces damages to the extent plaintiff contributed to their own injury: Ingram v Britten and s 26 of the Wrongs Act 1958 (Vic)
- Voluntary assumption of risk:
– a total defence
– plaintiff knows of and willingly accepts the risk of injury: Agar v Hyde
USE OTHER NECESSARY CASE STUDY – IF ITS NOT ENOUGH, SEE EXAMPLE ON SAMPLE EXAM PAPER (label every elements so it’s clear to see ) see example
IN: contract –
Three elements to form a contract:
- Agreement (offer and acceptance), and
- Intention to create a legal relationship, and
- Consideration
- Promissory Estoppel
Four elements to undo a contract:
- Lack of consent, or
- Lack of capacity, or
- Lack of legality, or
- Lack of formality
Write is with their case study inside the paragraph just like in the EXAMPLE
Consumer Protection: Australian Consumer Law
See example in Sample exam
THE MOST IMPORTANT THING IS TO WRITE EVERY ELEMETS NECESSARY AND WITH THEIR LEGAL CASE
WITHOUT WRITING IN THE CORRECT FORMAT/ELEMENTS
AND WITHOUT THE LEGAL CASE INSIDE THE PARAGRAPH
THERE WILL BE NO MARKS
USE THE PROVIDED CASE STUDIES IN THE LECTURE SLIDES (USE REVISION LECTURE SLIDE AS A GUIDE) (READ THE REST OF LECTURE SLIDE FOR EXTRA)
EXAM INFOMRATION:
DATE : 18 june 9.00am-11.30am melbourne australia time
time limit : 2hrs 30min , but need time to send files and upload document (takes a long time because its online exam)
therefore if its possible please finish at 2hrs 15min or less
no of questions: 3
exam paper total mark: 50 (20,20,10)
FORMAT: send me per question in either (.docx or just copy paste the text), if is it doesn’t waste time, so I can have a look
Font times new roman , 12
Remember to mention/write all the elements and use the the related legal case that have been discussed in the lecture slides
IF it’s written in a different format it won’t get any marks
SEE examples that I provided, it supposed to look like that
DO YOU UNDERSTAND MY INSTRUCTION? PLEASE EXAPLAIN IT TO ME WHETHER YOU UNDERSTAND OR NOT. And send it to the head project team (he will send it to me), or maybe u can send me answer examples that u make, in order for me to confirm that you have fully understood what to do.
Because writing in different format will result in no marks
I personally think that it’s important to study the lectures and the case (even though you’re a law professor), which what I head from the head project team (Sandy)
Currently, I’m very worried and paranoid about you not writing in the correct way (if not no marks). That is why I want to confirm, in order for me to trust you with my exam.
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