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College of Business and Law Semester 2, 2018 Page 1 of 3

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Assignment 2 Problem-based question (case study)

Semester 2 2018

Assessment 30%

Word count: 1,500 words (10% margin under or over)

This assignment may be submitted on or before 11.59pm (ACST), Friday Study Week 10

28 September 2018

• Submit your Assignment using Word or PDF file format1 .

• The assignment must be lodged online via Learnline Assignment Lodgement link. Ensure your file is named using a file naming convention that allows the lecturer to identify to whom it belongs.

• Assignment lodgements will be acknowledged automatically on the Learnline site, on submission.

• Coversheets are no longer required.

• Citations and references: Please use textbook cases and cite the cases in AGLC, APA or Harvard format. No additional research is required for this assignment. For example, when giving reference to a general principle stated in the textbook: In accordance with the general principles of contract law, for the contract to exist, there must be an offer and acceptance. Example when referring to the case: As decided in Taylor v Johnson (1983) 151 CLR 422, a contract is not void in cases of a unilateral mistake.

• Further questions: Please post your questions on the discussion board.

1 Instructions for creating PDF documents and/or combining documents of different formats are provided on the Learnline


College of Business and Law Semester 2, 2018 Page 2 of 3

UNIVERSITY PLAGIARISM POLICY Plagiarism is the unacknowledged use of material written or produced by others or a rework of your own material. All sources of information and ideas used in assignments must be referenced. This applies whether the information is from a book, journal article, the internet, or a previous essay you wrote or the assignment of a friend. Plagiarism policy is available at:http://www.cdu.edu.au/governance/doclibrary/pol-001.pdf and Student Breach of Academic Integrity Procedures http://www.cdu.edu.au/governance/doclibrary/pro- 092.pdf. EXTENSIONS AND LATE LODGEMENTS

Extensions An Application for Assignment Extension or Special Consideration should be completed and provided to the Dean, College of Business and Law. This application form, explanation and instructions is available on the Learnline course site or direct from http://learnline.cdu.edu.au/units/lb_school_templates/deployed/assignment_extension.docx Please note that it is now College policy that all extension requests must be approved by the Dean. The lecturer is not able to personally approve extension requests. Leaving a request for an extension, special assessment or special consideration until the last moment, based on grounds that students could have reasonably been able to foresee, may result in the application being rejected. Late lodgement Late lodgements are subject to a penalty of 5% of assignment marks per day. Partially completed assignments will be accepted with appropriate loss of marks for the incomplete portion. ASSESSMENT CRITERIA 5 marks per part of each question are assigned as follows: i)

Criterion Marks

IRAC model is used and references to cases are given in AGLC, APA or Harvard style



Criterion Marks

Relevant law and rules are identified with skillful use of credible, relevant sources


Some relevant law and rules are identified 1


Criterion Mark

Analysis demonstrates excellent ability to appraise evidence, evaluate arguments and to formulate and express sound conclusions.


An attempt to appraise evidence and arguments and draw conclusions 1

College of Business and Law Semester 2, 2018 Page 3 of 3

REQUIRED – Please write a solution to the case study: Johnny has been training a new chef, Rupali, in the kitchen of his restaurant. Johnny thinks Rupali is almost ready to prepare food for customers. Johnny and Rupali arrange for a small group of CDU students and their friends to come to the restaurant one evening, when the restaurant is ordinarily closed, to try Rupali’s food. Johnny explains to the guests that Rupali is being left alone in the kitchen to prepare the meal by himself, without supervision. Rupali prepares a delicious three-course meal for the guests, including a daring and innovative durian pie. Unfortunately, Rupali does not peel the durian fruit before putting it in the pie, and the sharp thorns cause three of his guests moderate injury before everybody else realises that the durian pie should be avoided. (a) Has Rupali breached any legal duty of care?

(5 marks) (b) Did Rupali owe a lower duty of care to the guests due to inexperience?

(5 marks) (c) Is Johnny vicariously liable for anything that occurred?

(5 marks) The Lame Duck Restaurant owned by Johnny appoints a sales and marketing representative (Summer) to design and launch a new website for the restaurant. Summer is very bright and her design looks amazing. As the website is exceptional, Johnny decides to revamp the pricing system and put a 15% mark-up on all food. Summer develops a beautiful design for the new pricing system and posts it online. Two weeks later after the prices are changed, Li books the wedding using the menu he found on one of the tables. Summer mistakenly accepts the booking, asking Abu from accounts to accept the deposit and finalise the invoice. Li calls, accepts the quoted price, pays the deposit and books the date for the wedding. The same day, Li sends out invitations to all her friends studying at CDU. The day before the banquet, the error in the quotation is discovered. Johnny gets involved, calls the customer and says that the Lame Duck Restaurant cannot host the wedding because the quotation was made in error. However, Li insists that ‘we have a contract’ and says that under the law the Lame Duck Restaurant must host the wedding banquet. (d) Advise Johnny, whether the contract exists. (5 marks) (e) Was there a mistake? If there was, what kind of mistake?

(5 marks) (f) Explain possible legal consequences if the Lame Duck Restaurant is obliged to provide

the premises for the wedding, but refuses to do so. (5 marks)

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