QUESTION 1 Avinash is a regular visitor to a local café that provides a self-service facility where customers have the option of selecting a drink or food item from a menu displayed on a touch screen located near the counter. To select a product, a customer only has to touch an image or icon showing the desired product, and then touch a virtual ‘OK’ button to submit an order. The order is relayed to the café’s front counter where the cashiers can view it on their own screens. Customers using the touch screen are immediately issued with a printed ticket containing an order number and the price payable which they present at the front counter for the cashier to confirm. At that point, the customers pay for their purchases and await delivery. This system is designed to save time during peak periods and is very popular. Some customers place their orders as takeaways, while others, like Avinash, prefer to be seated and consume them on the premises. These preferences are preselected by the customers when they use the touch screen. When Avinash reached the cashier, he paid $4 for the coffee he had ordered and then took a seat waiting for it to be served at his table. The next morning, Avinash returned and ordered his usual cappuccino- and for the first time, a Danish pastry- using the self- service facility. The total cost was $7.50 which he duly paid. As he sat in the café consuming his drink, he bit into the pastry and struck something hard, breaking a tooth. He examined the chewed remains and found a piece of metal that had somehow been lodged in the pastry. Avinash alerted management to this incident and demanded compensation for his anticipated dental repair. The manager expressed regret and directed Avinash to the ticket he had received which on its reverse side, contained a clause stating: This café accepts no responsibility or liability for any injury caused to customers by consumption of food or drink sold. In response, Avinash exclaimed, ‘I’m a consumer and I have rights!’ 2 Required (a) Explain how the contracts Avinash made with the café were formed. You will need to address all the essential elements of a contract, as well as analyse the legal status of each step or event that led to the café supplying Avinash with its products. Refer to relevant case law. In this part, do not discuss the impact, if any, of consumer protection laws. You may, but are not obliged to use the IRAC format for this part, given that each step or event must be analysed separately. ( 10 marks) (b) Explain whether the café is legally entitled to rely on the clause printed on the ticket to avoid liability in relation to Avinash’s injury. For the purposes of this part you should consider both common law as well as legislation ( also confirming whether Avinash is a ‘consumer’). Please use IRAC format for this part. ( 10 marks) ( Continued) 3 QUESTION 2 ‘In contrast to express terms found in a contract, implied terms can arise in a variety of ways and are beneficial to at least one of the parties to the contract. Some contracts may contain both express and implied terms, but the ways in which these two types of terms operate are significantly different from one another’. Required Discuss this statement by reference to cases and legislation, providing examples of each. You need to justify your view as to whether these two types of terms are ‘significantly different from one another’. In addition, include as an example in your discussion, references to the types of terms indicated in the facts of question 1. The IRAC format does not apply to this question. ( 10 marks) ( Continued) 4 Assignment Instructions Overview of the task Task: Assignment consists of two main questions. (Question 1 has two sub-questions). Total marks: 30 Total length of both questions: 2,000 (minimum) – 2,500 Words (not including footnotes (or other internal references) and bibliography) Due Date: end of Week 9 of the semester: Sunday 28 January 2018 (11.59 pm Melbourne time) How to submit (1) You must submit a softcopy of your assignment through VU Collaborate drop box by the due date. This allows for official receipt of the assignment, and Turnitin analysis. AND (2) You must also submit a hardcopy at your first class in Week 10. The hardcopy must be the same as the softcopy, and include a declaration form. It will be marked and returned to you with a feedback sheet. Details of the task The assignment is to be completed individually and requires students to undertake their own research of academic materials outside of those prescribed or provided in the unit as a basis for their completed assignment (e.g., legal journal articles, case summaries, other texts). Students must read and follow all instructions carefully and familiarise themselves with the VU Academic Integrity and Plagiarism policies. Question 1(a) may, but need not be written using the IRAC method. However, Question 1(b) must adopt the IRAC method. Question 2 should be written in the style of an essay, though headings may still be used as they appear for example, in a report. The IRAC method does not apply to this question. Statements of law should be supported with appropriate references to any relevant cases, Australian legislation, and relevant textbooks/articles/journals. Students should be wary of using internet sources that are not of acceptable academic standard. For example, wikipedia, or similar sources are not acceptable. A bibliography is required. 5 Referencing style: any style may be adopted for this assignment. See https://www.vu.edu.au/library/get-help/referencing/referencing-guides Scholarly writing, plagiarism and copyright o Part of what it means to be a ‘scholar’ is to engage with the work of others, for example, to extend or refine one’s own ideas, critique the work of others, or test and extend theories. Learning and assessment activities therefore often require you to gather information from a number of sources. This may include factual information, data or calculations, visual artefacts and written texts. Whenever you use the work of another person, you must acknowledge that source using the correct referencing system. Failure to acknowledge other people’s work appropriately may be regarded as plagiarism or academic misconduct. Use of one’s own previous work in satisfaction of a new assessment requirement is also not be allowed unless it is an explicit requirement for the unit. o VU deals with plagiarism according to the Academic Integrity and Preventing Plagiarism Policy. o VU uses Turnitin for the review of written assessments. Turnitin checks submitted work against sources from across the world, and provides a report detailing the use of third party text and references. Written assessments are automatically submitted via Turnitin in the unit site. You may be provided access to submit assessments early and review the reports, to help you understand where referencing should occur. o All students and staff of Victoria University are also bound by the requirements of the Copyright Act (1968) and the University’s Copyright Material (the Use of) Policy when using third party copyright material in the course of their research and study. Please ensure that you familiarize yourself with this policy and the rules around use of materials produced or owned by others. For information on copyright entitlements and responsibilities for study and research please see vu.edu.au/library/referencing-copyright/copyright Adjustment to assessment arrangements If you are unable to undertake or complete an assessment due to adverse circumstances the following arrangements may apply: Late submission of assessments – Short extension of time If you are unable to submit an assessment item on time, due to circumstances outside your control, you may apply for a short extension of time of less than five (5) working days. The standard penalty for late submission without an approved short extension will be 5% of the total possible mark per working day. If submission is overdue by more than ten (10) working days, the work will not be assessed. Full details of the procedure for applying for a short extension are available here. You can download the form from the policy library or use the quick link here. Preparation Students are expected to review the relevant topics (i.e., lecture materials and relevant chapters of prescribed textbook) as well as to conduct more in-depth research into the topic using a variety of reputable academic resources. 6 It is recommended that begin researching the assignment as early as possible. A marking rubric for this task will be made available in the Assessments module of this space. Assessment Criteria and Submission o All assignments are to be submitted electronically via the Assessment Dropbox provided. Assignments will be submitted via Turnitin, where originality reports will be generated and can be viewed. o Students should endeavour to achieve less than 30% similarity. o An assignment declaration form must be submitted with the assignment.
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