Get an Expert Solution to these questions. Click on the WhatsApp button below
Students are required to provide written answers to the three (3) questions set out on the third page of this document.
TIME AND PLACE OF SUBMISSION
This assignment must be submitted electronically via LMS by 12 noon, Friday, 13 September 2019.
VALUE
The assignment is worth 50% of the total mark to be awarded for this unit.
LENGTH
The total length of your assignment (inclusive of the answers to all questions) may
be less than but must not exceed 4,000 words in length (including footnotes but
excluding the cover sheet). Words beyond this maximum will be disregarded and
neither read nor assessed by the marker.
ASSESSMENT CRITERIA
The following criteria will be considered where relevant in assessing the
assignments.
Research
- Relevant sources and authorities located and utilised
Substance - Identification of relevant legal and factual issues
- Sound grasp and application of relevant legal principles
- Coherence in legal and conceptual analysis
- Critical thought
- Quality and persuasiveness of argument
- Comprehensiveness of treatment of the issues
2
Presentation - Conciseness and clarity of expression
- Grammar, spelling and punctuation
- Appropriate citation of cases, legislation and sources
- Appropriate footnotes, headings, subheadings
- Coherent structure
OTHER MATTERS
Not all the questions are worth the same amount and your work will also be
assessed as a whole.
Please note that, for the purposes of this assignment, it is not necessary to include a
bibliography.
3
QUESTIONS TO BE ANSWERED
Question 1 (25 marks)
Find the case, Council of the Upper Hunter County District v Australian Chilling &
Freezing Co Ltd (1968) 118 CLR 429, and answer the folllowing 8 (eight) questions: - Who are the parties?
- Is it a civil or criminal matter?
- What court is the case being heard in and what is the procedural history of
the case? - What are the facts of the case?
- What is the main legal issue in the case?
- What does Barwick CJ say about uncertainty in the case, and why?
- What was the court’s decision, and what were the reasons for it?
- What is the significance of the decision in terms of precedent?
Question 2 (15 marks)
With reference to, and discussion of, relevant cases, what is the doctrine of
promissory estoppel? What is its rationale? And why is it important in terms of
contract law?
Question 3 (10 marks)
At common law, if a party has entered into a contract on the basis of a mistake, can
that party avoid that contract? And, in terms of contract law, what are the various
types of mistake? Discuss with reference to relevant cases.