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Question 1 [15 marks]
Question 2 [15 marks]
Cecil Sagdiyev owns several Kyrgyzstani restaurants in New South Wales. He and his family has solicited your advice as to their contractual liabilities and rights arising out of these circumstances:
Assume that you are Cecil’s solicitor and that he has asked you for legal advice. Advise him as to what contractual liability, if any, he and, or his family have in the above circumstances, citing relevant case law authority and using the ILAC format.
This assessment task will assess the following learning outcome/s:
This assignment is designed to assess the following subject learning outcomes:
Question 1 – please answer the entire question using one ILAC:
Issues – (Two dot points – be concise – formulated as questions)
Law – legal principles and sections of the Civil Liability Act dealing with duty of care, breach, damage and relevant defence. Please discuss one element per paragraph.
Application – Use two subheadings: Manuel v Loren and Bob v Roger
Conclusion (Two dot points, one per each legal issue identified)
Question 2 – please answer the entire question using one ILAC:
Issues – ( Four dot points – be concise – formulated as questions)
Law – (Do not discuss legislation only case law related to agreement, intention to create legal relations, consideration and consent – this is not a research task so use cases discussed in your textbook, learning modules and other learning materials – discuss each one of the elements of a contract in a separate paragraph – ensure that your paper has academic flow – do not discuss the facts of other cases, only their rationes are relevant)
Application – use for subheadings ( Cecil v Ranie; Cecil v Gus; Cecil v Nano, and The bank v The Sagdiyevs )
Conclusion – (Four dot points, each one should be a precise response to the legal issues identified)
STYLE GUIDEPlease comply with the following rules: 1. Do not re-state the question. 2. Use in-text referencing. Do not use footnotes. 3. Names of statutes should be italicised, and followed by the jurisdiction not in italics, for example: Acts Interpretation Act 1901 (Cth). Note the abbreviation for ‘Commonwealth’ is ‘Cth’ not ‘Cwlth’. 4. The names of the parties must be italicised, but the citation must not, for example: Smith v Jones (1967) 345 CLR 34. You must give the full citation of a case on every occasion that you mention it. 5. An in-text reference to a book should be structured as follows: (Latimer, 2010, p. 75). There is no need to put the author’s initial. Note the positioning of brackets, stops and commas. You use ‘pp.’ only if referring to more than one page. If you are referring to a book with more than one author, the in-text reference would be as follows: (Smith et al, 2002, p. 78). 6. Do not start a new line simply because you are starting a new sentence. 7. Be careful of apostrophes: directors = of a director, directors’ = of many directors, directors = many directors. Also particularly prevalent is confusion between its (it possessive) and it’s (contraction of “it is”). 8. The following words always start with a capital letter: Commonwealth, State, Act, Bill, Regulation, Constitution, Parliament. Do not unnecessarily capitalise other words. 9. One should not use terms such as can’t, won’t, don’t and shouldn’t, neither should one use “i.e.” and “e.g.” in formal writing. 10. A sentence must always begin with a full word and a capital letter – so a sentence would start ‘Section 55 says…’ not ‘S 55 says…’ or‘s 55 says…’ 11. Start each paragraph on a new line, and leave a clear line gap after the preceding paragraph. 12. You must put page numbers on your assignment. 13. Quotations and excerpts from legislation which are longer than two lines should be indented from the rest of the text in a separate paragraph. The text in quotations should not be in italics. 14. You must end your assignment with a bibliography that is divided into three parts, listing statutes, cases and books / articles. 15. A listing of a book in a bibliography should appear in accordance with the following format: Latimer, P (2010). Australian Business Law, 29th ed, North Ryde: CCH. If listing a book with multiple authors, do so as follows: Heilbron, G, Latimer, P, Nielsen, J and Pagone, T (2008). Introducing the Law, 7th ed, North Ryde:CCH. 16. When listing statutes at the end of your assignment you should conform to the format: Acts Interpretation Act 1901 (Cth). List the statute only once – you do not list individual section numbers relied on. You should not list textbooks as the source of Acts – the Act itself is its own source. 17. When listing cases conform to the format: Gordon v Richards (1976) 123 CLR 32. 18. When listing article conform to the format: Jones, J ‘The new analysis of law’ (2010) 4 Journal of Recent Law 34. 19. Make sure that your sentences are grammatically correct –it may be useful to read your assignment out loud if you have any doubts about this.
Please do not consider the Competition and Consumer Act 2010 (Cth) or the Sales of Goods Act 1923 (NSW) in answering these questions, as we have not yet covered that topic. Be advised that the word limit of 2,000 words is a total for both questions (not 2,000 words for each question). Please make sure you follow the presentation and stylistic rules contained under ‘Presentation’ below.
Familiarise yourself with the ILAC model by complying with the weekly activities. These activities have been designed to teach you how to structure a legal analysis of a problem based question. ILAC stands for Issue, Law, Application, and Conclusion. It allows us to structure legal analysis. Use ILAC as a tool for organising your thinking and your writing. Think of it as a weaving loom that allows you to support the threads of your argument. Remember that when using ILAC you must:
1. Identify the legal issue. The issue is the most important element in the analysis and must be stated in a way to show what is in controversy. You are required to articulate the issue by creating the legal question presented by the facts. To find the issue, ask: “what is in controversy in these facts.” You should use the following language: “The issue is whether …”
2. State relevant law (cases and legislation). After you have identified the issue, you must state the relevant law. The law and the facts are inextricably linked. Your analysis of the facts will not make sense unless you identify the law that is required to answer the question that contains the legal issue.
3. Apply the law to the facts. You simply match up each element you have identified in the law (in order) with a fact. You may use the word “because” to make the connection between law and fact. Using the word “because” forces you to make the connection between law and fact. You may also use the words “as” and “since”. These serve the same function as “because”.
4. Conclude each issue before drawing your final overall conclusion. There is no right or wrong answer, only logical analysis based on the rule and the facts that then leads to a reasonable conclusion.
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