Learning Outcomes to be assessed:

This task assesses the following Learning Outcomes:

(2)   
describe the ways in which formal law-making bodies function in the Australian context;

(3)   
demonstrate familiarity with the formal and informal institutions and processes which shape the development of Australian law;

(7)   
engage in academic research utilising and acknowledging a variety of sources.

 

Task Instructions

1)     
Carefully read the following scenario which provides a summary of the facts ascertained from a fictional client, Syd Bid.

Syd is the Director of a company known as Non-Plain Jane Planes, which is a company that he operates from his place of business in Victoria that specialises in the sale of vintage aeroplanes. Syd has been involved with what he calls a “syndicate” between himself and two Directors of two other specialist companies involved with the sale of vintage aeroplanes. He is not sure where these Directors operate their companies from, particularly as their “secret meetings” often occur in private planes on lavish international journeys.

Syd appeared rather nervous and took a long time to get to the point of his consultation. He explained that he has a mistrust of lawyers, and that he will only pay us if we “get him off the hook.”

Syd finally disclosed that, in concert with the two other Directors, he agreed to bid on a vintage plane known as “The Sky Faller” that was auctioned on an online specialist vintage plane auction site with the bidding price of $10,000,000 thirty seconds before the auction closing time. The terms and conditions of the auction are that the bidder with the highest price within the specified time will be accepted, and that the minimum price is $2,000,000. However, Syd also disclosed that the two other Directors agreed to firstly bid $6,000,000 and $9,000,000 respectively before then awaiting Syd’s bid of $10,000,000 just in time. Syd started sweating when he also said that these other Directors threatened to burn his specialist warehouse in Victoria if he did not make the bid.

Syd made the bid of $10,000,000 thirty seconds before the auction closing time as agreed. He ended up being the highest bidder, as anticipated by him and the two other Directors. According to the terms and conditions of the auction, he has 30 days to pay the seller the sum of his winning bid.

Syd wants our advice about whether there are any legal avenues to not actually pay the sum of $10,000,000 to the seller as at no stage did he want to pay such a large sum for “The Sky Faller” and is concerned about whether he will be able to re-sell this to a buyer at a profit.

 

2)     
Research ‘the law’ that arises from these facts. The areas of law the question primarily relates to are:

a)      
Offer and acceptance together with remedies in contract law and/or equity; and/or

b)     
Cartels together with public enforcement action in statutory competition law.

 

Locate the following sources as a starting point for your research: [Please note that if using any of these sources in your Annotated Bibliography that you will need to format these in accordance with the AGLC style for entries in a Bibliography. See pages 33 to 35 of the AGLC for details]

 

a)         
B Sweeney, J O’Reilly & A Coleman, Law in Commerce (6th ed, 2016), ‘Chapter 4: Making the Contract: Offer and Acceptance’ [4.22] (Which is provided as Required Reading 3.12).

b)        
B Sweeney, J O’Reilly & A Coleman, Law in Commerce (6th ed, 2016), ‘Chapter 8: Remedies in Contract Cases’ [8.2] [8.17-8.24]; [8.38]; [8.46] (Which is provided as Required Reading 3.13).

c)         
J Paterson, ‘Consumer Affairs: Introducing the new, National Australian Consumer Law’ Alternative Law Journal 2011 36(1), 50.

d)        
Australian Competition & Consumer Commission, n.d. https://www.accc.gov.au/

e)        
C Beaton-Wells, ‘Private Enforcement of Competition Law in Australia – Inching Forwards?’ Melbourne University Law Review (2016) 39, 681-737.

 

Please note that these materials contain more than is relevant to the facts of the scenario. Part of your task is to analyse which parts of these materials are relevant.

 

3)     
Compile an ‘Annotated Bibliography’ in which you:

 

a)      
Select the most relevant ten sources of law (which may include source(s) already provided) as a result of your research and analysis of the relevance of the materials located.  

 

NOTE: Further sources may be included in the text of the materials already provided. If you go on to locate the sources beyond reading about them in the materials provided, you can include them as separate sources in your Bibliography. For example, if a textbook chapter refers to the case of Car & Universal Finance Co Ltd v Caldwell [1965] 1 QB 525 (UK Court of Appeal), and you go on to locate the full text of this case, you may use this case specifically as a source in your Bibliography.

 

b)     
Accurately reference all materials in the Bibliography adhering to the referencing conventions of the Australian Guide to Legal Citation (3rd ed, 2010) (‘AGLC’) [Note: These references are not included in your word count].

 

c)      
Provide details of how you located each source contained in your Bibliography in a short list underneath each source [Note: These lists are not included in your word count].

 

NOTE: Please document your research in an abbreviated list form. Make sure your method is clear and briefly outlines each of the steps taken to locate the information.

 

d)     
Provide an initial analysis of the relevance of each selected source in relation to the scenario in a paragraph underneath each list. In addition, you are required to integrate a description of the legislative function of Australian parliaments and/or the judicial role of Australian courts where relevant in your analysis [Note: These paragraphs are included in your word count].

 

NOTE: You should paraphrase the main ideas found in each source as much as possible, and only integrate brief quotations within the body of your paragraphs if necessary. For the purposes of this Annotated Bibliography, you will not need to provide a reference (via a footnote) for any paraphrased ideas, but will need to do so for any quotations.

 

 

4)     
Read the instructions for Task II to ensure you understand the progression between your assessment tasks. Task I is an initial research task; Task II is an essay which draws on your initial research and analysis. 

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