UNSW Business School

Taxation and Business Law

TABL 1710
BUSINESS AND THE LAW

TUTORIAL PROGRAM

SEMESTER 1, 2018

© 2018

The University of New South Wales, Sydney 2052 Australia

The original material prepared for this guide is copyright. Apart from fair dealing for the purposes of private study, research,
criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission.
Enquiries should be addressed to the Head of School, Taxation and Business Law, UNSW, Sydney

business.unsw.edu.au

Last Updated
  16 January 2017 CRICOS Code 00098G
 TUTORIAL PROGRAM FOR TABL 1710 BUSINESS AND THE LAW

TUTORIAL SCHEDULE
Week Tutorial Topic References Tutorial/ assessment
Week 1
No tutorial No tutorial
26 Feb

Tutorial The legal framework Covers lecture material and

Gibson
week 2 Legal Foundations reading from week 1
Ch 1
5 Mar Origins of Australian Law

Tutorial The legal framework Covers lecture material and

week 3 Legal Systems reading from week 2
12 Mar How law is made: Gibson
precedent/statute law Chs 2 & 3

How to read a case

Tutorial Contracts (1) MCQ on topics weeks 1 and 2

week 4 Introduction to contracts
19 Mar Agreement between the Gibson
parties Chs 6, 7, 8 and Tutorial covers lecture material
Intention to create legal 9 and reading from week 3
relations
Consideration

Tutorial Contracts (2)

week 5 Covers lecture material and
Capacity
26 Mar Gibson reading from week 4
Genuine consent
Legality of object Chs 10, 11, 12
Terms of the contract and 13

MID SEMESTER BREAK

Tutorial
week 6 Contracts (3) Gibson Covers lecture material and
9 April Rights and liabilities of Chs 14 and 15 reading from week 5
the parties
Remedies for breach of
contract

Tutorial Consumer Protection Gibson ASSIGNMENT DUE Monday 16

week 7 The Australian Consumer Ch s 16 and 17 April
16 April Law Covers lecture material and
Consumer protection in Material on reading from week 6
the financial sector Moodle

2   
 Tutorial Property
Covers lecture material and
week 8 Gibson
The nature of property reading from week 7
23 April Chs 25 and 26
Owing and dealing with
No tutorials on Wednesday 25
land
April (Anzac Day) see
Personal property announcement on Moodle for
Wednesday tutorials
Intellectual property

Tutorial Restrictive Trade

week 9 Covers lecture material and
Practices and Gibson reading from week 8
30 April Competition Ch 29
Understanding
competition law
The role and processes
of ACCC Materials on
Consequences of anti- Moodle
competitive conduct

Tutorial Torts (1)

Gibson Covers lecture material and
week 10 Civil liability: the law of
Ch 4 reading from week 9
7 May torts and negligence

Tutorial Torts (2) Covers lecture material and

week 11 Negligence in business Gibson reading from week 10
Other business-related Chs 5 and 22
14 May torts

Tutorial Business structures Covers lecture material and

week 12 Gibson & Fraser
Agency reading from week 11
21 May Ch 18 and 21
Choosing a business
structure

Tutorial
week 13 Business and crime and Materials on Revision / exam preparation
28 May revision Moodle

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 TUTORIAL CONSULTATIONS
Students should note that tutors will hold face-to-face tutorial consultations in
the following weeks:
 Week 3 commencing 12 March
 Week 5 commencing 26 March
 Week 6 commencing 9 April
 Week 13 commencing 28 May

Tutors will let their students know the time and location of their tutorial consultations
in the week prior to a tutorial consultation week.

Students will also be provided with their tutor’s email address so that if a student has
any tutorial-related queries outside the above weeks, they should contact their tutor
with their query by email. Short and straight-forward queries will be responded to by
email. A tutor may suggest a student attend one of the above consultation times if a
query requires a detailed response/explanation.

As far as possible, students should raise all queries with their tutor during
their tutorial class. The question is likely to be in someone else’s mind too and
answers can benefit everyone in your tutorial.

TUTORIAL PRESENTATIONS
Students will be allocated to a group by their tutor and with their group, must prepare
and present the answer to a tutorial problem. Tutors will allocate a “tutorial
presentation week” to each group in the first or second tutorial. Tutorial presentations
are worth a total of 5 marks.

ANSWERING TUTORIAL AND EXAM PROBLEM QUESTIONS

The problem questions that you are asked to prepare answers to in tutorials are
similar in format to the problems that you will be given for the assignment and in the
final exam. It is therefore important that you attempt the tutorial questions so that you

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 have sufficient practice in answering legal problems to do well in assignment and in
the final exam.

The course is designed to give students skills in recognising the interaction of a

range of commercial laws and how they impact on business activity. Merely
addressing a single issue in your answer is unlikely to be sufficient and will
attract a poor mark. The commercial world rarely presents problems that only raise
one issue.

How to answer exam and tutorial questions: THE ‘FIVE STEP’ PLAN

WHAT YOU NEED:

 KEY FACTS
 RELEVANT ISSUES
 KEY LEGAL PRINCIPLES
 APPLICATION OF THE LAW TO THE FACTS
 TENTATIVE CONCLUSION

WHAT TO DO:

1) Identify KEY FACTS of the problem

Unlike judges, when you answer a problem or case study you do not need to
summarise the facts of a problem. What you should do is identify the key
facts.

2) Identify RELEVANT ISSUE of the problem

From the key facts, you should then be able to identify the relevant issues in
the problem you are considering.

3) Identify KEY LEGAL PRINCIPLES

Once you have worked out the issues, ask:

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 (a) does a statutory provision apply to the facts and, if so, does it provide a
specific answer to the problem?
AND
(b) are there any cases which have dealt with a similar fact situation/legal
issue to the one you are considering?

You should provide the name/section of any relevant legislation and the
names of any relevant cases in your answer.

Note similarities to (follow) or differences from (distinguish) prior

cases
When reading a problem it is a good idea to jot down the names of cases
that you have studied, where the facts/legal issues were similar, if not
identical to the ones in the problem you are considering. Often the facts of
a problem may be similar to but a little different to those in a decided case.

Think about whether any factual differences matter. Whether or not any
differences matter will depend on the scope of the legal principle that the
relevant case stands for. It is important to note any factual differences
from previous cases and to state whether or not you consider that the
differences matter to your problem.

4) APPLY THE LAW TO THE FACTS

This is the key aspect of answering a legal problem question.

This important step comes after you have identified the key facts and the key
legal principles from relevant statutes/case law and noted their interpretation,
and before you draw a conclusion. This step involves saying what the legal
principles you have identified mean for the facts of your problem and what the
effect of these legal principles will be on the rights and obligations of the
parties in your problem. This is the key part of the process of legal

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 reasoning that leads to a conclusion both in a legal problem question and in
an actual court case.

5) Reach a TENTATIVE CONCLUSION based on the application of the

statutory provisions and/or case law principles to the facts

In your answers you will generally need to reach a definite conclusion. More
important than the conclusion you reach however, is the process of reasoning
that led you to that conclusion.

The fact that a subsequent court can overrule the decision of a previous court
demonstrates that there is no absolutely correct answer to legal problem
questions. You will receive more marks for your process of reasoning
than you will for getting what is considered at the time to be the ‘correct’
answer.

Remember: in your discussion/answer, you must include references to

relevant statutory provisions (legislation name and, where possible, section
numbers) and case names.

WHAT NOT TO DO:

When answering questions, either for a tutorial or for the assignment or in an

exam, DO NOT:
 restate the facts of a question;
 copy your notes, the text etc without explaining their relevance;
 make emotional statements – the law is about facts;
 provide non-legal material (instead make sure you include the “relevant” law);
 address issues that are not raised in the question asked;
 provide a conclusion which is not supported by legal argument;
 forget to provide references where required (in other words, do not plagiarize)

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 FINALLY, ALWAYS REVIEW YOUR ANSWERS!

Once you have written your answer, you should review it carefully in order to
avoid being penalised.

Appropriate expression, tone and formatting are important to legal writing. Use plain
English and not slang or text language. Prior to printing out your assignment for the
last time, read it carefully, and then read it out aloud to ensure it flows and makes
sense. A proper review includes careful checking of the:
 spelling, grammar & formatting;
 argument flow (including structure and coherency);
 bibliography (if required); and
 footnotes using legal citation method described in handout on Moodle.

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 NOTE: THERE ARE NO TUTORIALS IN WEEK 1

Tutorial week 2 Introduction: The Role of Law in Business

Week of 5 March (Lecture week 1)

Key learning outcomes from Lecture 1:

 The legal effect of English settlement in 1788
 How laws are classified
 The different meanings of the terms “common law” and “civil law”
 What happens if there is a conflict between common law and statute law
 What is a 'federal” system of government and how this operates in Australia
 The doctrine of “separation of powers” and division of power under the Commonwealth
Constitution

Tutorial Questions

1. To discuss in groups:

a) In what ways do you think the law impacts upon your personal life?

b) In what ways does the law impact upon business?

2. What are our two sources of law in Australia?

3. Briefly explain how and when the Commonwealth of Australia was established?

4. What is the Constitution? How might it be changed?

5. Explain the main differences between:

a) a common law system and a civil law system;

b) the terms “common law” and “statute law”?

c) the terms “equity” and “common law”?

6. Explain the doctrine of separation of powers.

7. How is the Australian Parliament structured? (In your answer, please provide the names
of the separate “houses” of the Australian Parliament and explain their respective
functions/roles?)

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 8. How does the role of the Governor-General of Australia differ from the role of the Prime
Minister? Who is Australia’s current Governor-General?

9. What happens if there is a clash between:

a) Commonwealth Law and a State Law?

b) Common law and Statute law?

Tutorial week 3 Legal Reasoning and Statutory Interpretation

Week of 12 March (Lecture 2)
(Tutor Consultation Week)

Key learning outcomes from Lecture 2:

 How is a law made in the Parliament
 The court system in Australia and what is an appellate court
 Ways of resolving disputes outside of the court system (ie alternate dispute resolution)
 What the doctrine of precedent is
 How courts interpret laws or statutes
 How to solve legal problems
 An introduction to legal research
 How to read a case

Tutorial Questions

1. What are the steps by which Parliament creates a statute?

2. What is a ‘double dissolution’?

3. What is meant by the ‘court hierarchy’?

4. (a) What are original and appellate jurisdiction?

(b) What is an ‘inferior’ court and does it have appellate jurisdiction?

(c) What is the name of the highest court in a state or territory?

5. What is the role of the High Court of Australia? What original and appellate jurisdiction
does it have and how does a case go on appeal to the High Court?

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 6. Explain the meaning of the following terms:

a) Ratio Decidendi

b) Obiter Dicta

c) Common law or Judge-Made law

d) Statute law

e) Civil action/Criminal action/Burden of proof

f) The doctrine of precedent and the difference between binding precedent and
persuasive precedent?

7. What is meant by “extrinsic evidence” and what methods do courts use to interpret
statutes? Consider here the difference between:

a) The Literal Approach

b) The Golden Rule Approach

c) The Mischief Approach

d) The Purposive Approach

8. Give examples of some types of alternative methods of dispute resolution to the courts?

Legal Research Exercise (for Major Assignment)

 Where would you go to find the full text of an Act of Parliament?

 What is a law report
 How do I reference/find a case?

How to answer a legal problem question

Overview of FIVE STEP PLAN by tutor (see pp 5-8 of Tutorial Program)

Next Week: CLOSED BOOK In-Class Quiz

Next week’s In-Class Quiz is based on lecture topics 1 and 2. The aim of the Quiz is to
assess students on the materials covered those lectures. The Quiz will comprise of 10

11   
 multiple questions, each worth 1 mark (total: 10 marks) and will take 15 minutes at the
beginning of class.

THIS IS A CLOSED BOOK EXERCISE. Students will NOT be allowed to refer to any
materials. Students will also NOT be allowed to discuss their answers with their
peers. All students must prepare before coming to class by revising lecture and tutorial
materials. Appropriate arrangements must be made with your tutor if you are not able to
attend the class, otherwise you will lose 10 marks.

12   
 Tutorial week 4
Week of 19 March Contracts (1)
(Lecture week 3)
In-Class Quiz This Week
(Closed Book)
Key learning outcomes from Lecture 3:
 Introduction to the role of contract law in business
 Formation of contracts
 Is there ‘intention’ to enter into a contract
 Consideration.

CLOSED BOOK IN-CLASS QUIZ

This week, the closed book in-class quiz will be held in all tutorial classes. This multiple
choice assesment will be worth 10 marks and will take 15 minutes at the beginning of class.
Students must liaise with their individual tutors if they miss the class/exercise.

Tutorial Problem Questions

Problem 1:
Adri writes to Bill to sell his stamp collection to Bill. Bill, who has stopped saving stamps,
gives Adri’s letter to another collector Camilla, and Camilla writes a letter of acceptance to
Adri. Is there now a contract between Adri and Camilla? Why/ why not?

Problem 2:
Offeror wrote to offeree offering to buy offeree’s car for $2,000 adding: “If I hear no more
about it, I consider the car mine at that price.” Offeree did not reply to this letter although it
appeared from later dealings that offeree had decided to accept. Is there a contract? Why/
why not?

Problem 3:
A self-service chemist’s shop had a checkout at the exit. Dangerous poisons and drugs,
which by statute could not be sold except under the direct supervision of a qualified
pharmacist, were kept separate in a special area. Customers were able to select the
articles they wanted to purchase and pay the cashier for them at the exit. A registered
pharmacist supervised each transaction at the exit and the pharmacist was entitled to

13   
 refuse goods to any customer. The shop was prosecuted for selling poisons without the
sale being supervised by a pharmacist. The success of the prosecution depended on
where the sale took place – did the sale take place at the shelf or at the cashier? Justify
your answer with reference to contract law.

Problem 4:
Consider the following situations and indicate whether consideration is present and whether
Roberto has an enforceable agreement:

a. Juliet is going overseas and she offers to give her Lotus Super 7 sports car to Roberto.
The market value for this type of vehicle in good condition is around $25,000. Roberto
accepts.

b. Juliet offers to sell Roberto her Lotus Super 7 sports car for $25 000. The market value for
this type of vehicle in good condition is around $2,500. Roberto accepts.

c. Juliet offers to sell Roberto her Lotus Super 7 sports car for $2500. The market value for
this type of vehicle in good condition is around $25 000. Roberto accepts.

Problem 5:
A new apartment building was built in 1937. Under a 99-year lease, the owners leased the
building to another company, which hoped to find tenants for the flats. By the time of the
outbreak of war in 1939, very few of the apartments had been rented. In 1940 the owners
agreed to cut the rent in half. The agreement was entirely without consideration and no time
limit was specified for this concession. By 1945 the apartments were fully rented, and the
owners, in September of that year, claimed the full rent and all arrears.
Support your answers by reference to the applicable contract law.
a. Will the owners be successful?
b. Can the company say the agreement to halve the rent was supported by consideration
and was therefore binding?

14   
 Tutorial week 5 Contracts (2)
Week of 26 March (Lecture 4)
(Tutor Consultation Week)

Key learning outcomes from Lecture 4:

 Capacity to enter a contract
 Genuine consent
 Legality of object
 Terms of the contract: Principles of construction and determining the scope of the contract:
representations vs terms; incorporation of terms; implied terms; collateral contracts; uncertain
terms; exclusion clauses
How to approach the Major Assignment: Overview by tutor
 NOTE: ONLINE SUBMISSION ONLY VIA TURNITIN (see Moodle). You can review your
plagiarism score, amend and resubmit as required but the FINAL VERSION of your
assignment is due Monday 16th April by 5pm

Tutorial Problem Question

Problem 1

Cherry is in business selling high level office equipment. The following events took place:

1 May: Cherry was speaking to her brother, Andy, who has an office in Sydney, about a
new printer that Cherry had in stock.

Andy: “How much is it?”

Cherry: “The lowest price I would consider is $1000.”

Andy: “I’ll take it.”

Cherry: “OK, you can have it for $1400.”

Andy: “But you said $1000. We now have a contract for that price.”

Cherry: “We don’t have a contract. The price is $1400. I only have one in stock,
but I’ll give you first option at $1400 if you let me know in person by 6
May.”

2 May: Andy told his friend, Maria, that he intended to buy the printer. Later that day, Maria
told Cherry that Andy intended to buy the printer.

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 3 May: At 1:00pm, Cherry, forgetting her conversation of 2 May with Maria, offered to sell
the printer to Jim for $1300. Jim replied “If you don’t hear from me by 5:00pm
today, you can assume I accept”.

Cherry did not respond to this but at 4:00pm, Cherry contacted Jim again,
promising to also give Jim a large quantity of free paper if Jim agreed to buy the
printer. Cherry did not hear from Jim again that day.

4 May: Cherry changed her mind about selling to Andy. She tried to contact Andy but was
not able to reach him.

5 May: As she could not contact Andy, Cherry telephoned Maria and asked her to tell Andy
that Cherry would no longer sell to him.

6 May: Maria told Andy that Cherry did not want to sell him the printer. Andy was not sure
whether to believe her.

7 May: Andy phoned Cherry agreeing to buy the printer. During their conversation Andy
said:

“1. We had a contract for the printer at $1000 on 1 May;

2. If not, then we had a contract for the printer at $1400 on 2 May;

3. If not, then we now have a contract for the printer at $1400.”

Cherry is confused and seeks your advice.

Advise Cherry whether she has a contract to sell the printer to Andy or Jim.

NOTE: In your answer, you should consider and apply any relevant cases you have
studied.
Problem 2

Sami, a recent immigrant to Australia, has poor English and is studying English while
working part time at a garden nursery. He inspects a hectare of land, which he believes to be
suitable for growing organic vegetables. Claudette, an experienced property developer and
real estate agent, owns the land. Claudette tells Sami that she is willing to lease his land to
Sami for five years at a monthly rental of $2,000.

During that discussion, the following conversation took place between Sami and Claudette:

16   
 Sami: “Will there be a rental increase during the lease period?”

Claudette: “No increase. You have my word on that.”

Sami: “I agree to take the lease but do you need me to sign any documents?”

Claudette: “No need to sign anything. Just as long as you keep paying the rent there will be
no problems. But in any case here is a letter which sets out the terms of the lease
and rental payments. Just sign at the bottom of that letter.”
Sami signed the letter reyling on Claudette’s promises. However, due to his poor command
of English, he did not read the letter carefully. The letter actually stated that the lease is “on
a monthly basis and that the landlord/ landlady can increase the rent by giving a month’s
notice”.

Some time after signing the letter, Sami decided to withdraw from his English course and
from his part-time job to concentrate on clearing his land, cultivating the soil and planting his
crops. After 6 months, Sami considerably improved the land and is ready to start making an
income from the cultivation and the sale of his vegetables. Sami had been paying his
monthly rent.

A few months later, Sami received a letter from Claudette advising that she intendeds to
increase the rent to $4,000 per month. Sami is very upset and tells Claudette that he can not
pay the increase.

Claudette produced the letter Sami had signed and insisted that Sami abide by the terms of
that letter. Claudette said that if Sami refused to pay the higher rent, she issue Sami a
month’s notice to end the lease and vacate the land.

Explain whether Sami has any rights against Claudette under the common law of
contract.
Please also consider and apply any the decision from any relevant cases
you have studied in lectures.

Mid-semester break: Friday 30 March – Sunday 8 April

inclusive

17   
 Tutorial week 6
Week of 9 April
(Tutor Consultation Week) Contracts (3)
MAJOR ASSIGNMENT (Lecture 5)
DUE BY 5PM ON 16 April
ONLINE SUBMISSION
VIA TURNITIN

Key learning outcomes from Lecture 5:

 Rights and liabilities of the parties
 Termination of the contract
 Remedies for breach of contract

Tutorial Problem Questions

Problem 1:

Vince, a market gardener with poor English skills and little knowledge of financial matters, is
the freehold owner of land at Windsor, on which he has his farm and residence. He wishes
to buy a tractor to help run the farm and is persuaded by the manager of the ABC Bank to
mortgage his property in return for a substantial a loan to purchase the tractor. After signing
the documents, Vince finds that the monthly loan repayments under the mortgage are twice
the income he receives from the farming business. A year later, the bank takes steps to
exercise its power of sale, following Vince’s default on several loan repayments.

Advise Vince what legal rights he has, if any, to challenge the bank.

Problem 2:

Sam took his suit to Quick Klean Drycleaners Pty Ltd. This was the first time he had been to
this drycleaner. After giving his suit to the assistant behind the counter and paying for the
drycleaning, he was given a receipt with a number on it. The assistant told Sam that he
needed to bring the receipt with him when he came to collect his suit. She also told him that
the drycleaner ‘would take all care but accept no responsibility during cleaning’. She pointed
out that a similar clause appeared on the back of the ticket. It read: ‘Quick Klean Drycleaners
Pty Ltd will take all care but accept no responsibility for effective removal of all stains during
cleaning’.

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 When Sam came back to collect his suit he found a tear in the right sleeve. When he brought
this to the attention of the shop assistant, she reminded him that she had previously advised
him that all care would be taken, but that Quick Klean didn’t accept responsibility for items
left for drycleaning.
Advise Sam about his rights in relation to the common law of contract.

Problem 3:

Donald stopped his car at the barrier entrance to a car park. A parking station attendant was
standing at the barrier. He told Donald it would cost him $55 to park his car for the day.
Donald decided to leave his car with the attendant and got out of his car, handed his keys to
the attendant and paid him the $55 parking fee. The attendant gave Donald a ticket which
said on one side: “Parking at Owner’s Risk. For conditions of parking, see back.” On the
reverse side of the ticket were the following words: ““CONDITIONS OF PARKING. It is a
condition of the issue of this ticket that vehicles are parked on these premises at the owner’s
risk and responsibility. The proprietors of this car park accept no responsibility for loss or
damage to vehicles in the parking area whether caused by negligence or in any manner
whatsoever.””

Donald put the ticket in his pocket without looking at it and left the parking station. When he
returned to go home at the end of the day, he found his car was flattened beneath a large
steel beam which had fallen from a crane owned by the parking station proprietors, who
were building another car parking station on the adjacent site.

Discuss the enforceability of the notice on the parking ticket in relation to the
common law of contract.

NOTE: In all your answers, you should consider and apply any relevant cases you
have studied.

19   
  

Tutorial week 7
Week of 16 April
Consumer Protection
MAJOR ASSIGNMENT (Lecture week 6)
DUE BY 5PM ON 16 April
ONLINE SUBMISSION
VIA TURNITIN

Key learning outcomes from Lecture 6:

 The Australian Consumer Law (found at Sch 2, Competition and Consumer Act 2010 (Cth)
 Misleading or deceptive conduct under s 18 of the Australian Consumer Law
 False representations under s 29 of the Australian Consumer Law
 Unconscionable conduct under ss 20, 21 and 22 of the Australian Consumer Law
 Defences and remedies available under the Australian Consumer Law

For this tutorial students are asked to refer to the ACCC’s ONLINE TERTIARY EDUCATION
MODULES AT: http://www.ccaeducationprograms.org/?page=tertiarystudents (Also see link on
Moodle)

Tutorial “Short Answer” Questions

1. What is misleading or deceptive conduct and what section of the Australian Consumer
Law deals with this type of conduct? (See Module 6 and Module 7 under ACCC Online
Tutorials on TABL 1710 Moodle.)

2. To whom does this law apply? To whom does this law not apply? (See Module 6 and
Module 7 under ACCC Online Tutorials on TABL 1710 Moodle.)

3. Identify four principles that may be considered when determining if conduct is misleading
or deceptive? (See Module 7 under ACCC Online Tutorials on TABL 1710 Moodle.)

4. Give two examples of advertisements that were held to be misleading or deceptive.

(See Module 7 or Module 11 under ACCC Online Tutorials on TABL 1710 Moodle.)

5. In addition to the general prohibition of misleading or deceptive conduct, the Australian

Consumer Law prohibits a large number of specific false or misleading representations.
Please provide three examples of conduct that might constitute a false or misleading
representation. (See Module 8 under ACCC Online Tutorials on TABL 1710 Moodle.)

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 6. What are the consequences of engaging in misleading or deceptive conduct or in making
a false or misleading representation? (See Module 7, Module 8 and Module 11 under
ACCC Online Tutorials on TABL 1710 Moodle.)

Tutorial week 8 Property Law

Week of 23 April (Lecture 7)

The are no tutorials on Wednesday 25th April( Anzac Day) see announcement on
Moodle for Wednesday tutorials

Key learning outcomes from Lecture 7:

 The difference between a joint tenancy and a tenancy in common
 The meaning of Real Property/Personal Property/Intellectual Property/a Chose in Action
 How real property under Torrens Title is transferred
 The difference between a mortgage and a charge
 The different types of intellectual property
 The preconditions necessary for a work to be protected by copyright
 How a company can protect its confidential information

Tutorial “Short Answer” Questions

1. Distinguish personal property from real property.

2. What is a fixture and from a legal point of view, is it part of or separate from land.

3. Distinguish joint tenancy from tenancy in common.

4. In the context of joint ownership, what is meant by ‘survivorship’?

5. Indefeasibility of title is usually considered the most important feature of Torrens Title.
What is meant by indefeasibility of title?

6. Briefly describe each of the following:

a) Mortgage

b) Covenant

c) Difference between alese and a licence.

7. Define ‘copyright’ in relation to literary, dramatic and musical works.

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 8. What is a trademark?

9. What is the difference between a patent and a design?

10. What constitutes confidential information?

Tutorial week 9 Restrictive Trade Practices and Competition

Week of 30 April (Lecture 8)

Note: lecture 8 was an online lecture which can be accessed through Moodle
Key learning outcomes from Lecture 8:

 What are the key provisions of Part IV of the Competition and Consumer Act 2010 (Cth)
 What anti-competitive conduct can be authorised
 The enforcement powers of the ACCC
 What remedies and defences are available under the Competition and Consumer Act 2010
(Cth)

Tutorial “Short Answer” Questions

Consider whether the following conduct breaches any sections of Part IV of the Competition
and Consumer Act 2010 (Cth):

1. Representatives of four major widget distributors enter price fixing agreements to fix
maximum customer discounts.

2. A manufacturer refuses to supply a retailer for two reasons:

a. The retailer insists on buying from other manufacturers; and
b. The retailer is located in an unfashionable part of a shopping centre and has poor
retail facilities.

3. A retailer has 45% of the retail biscuit market. Can the retailer acquire a competitor that
has another 15% of the cake market?

4. A publisher distributes a textbook to book retailers on condition that the retail price is no
less than $35.

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 5. Amed says he will only sell his 4WD Audi to Tom if Tom obtains his all finance for his
purchase from The Money Lenders.

6. Explain what is meant by “authorisation” and when might an authorisation be approved

by the ACCC? How does an “authorisation” differ from a “notiification”?

Tutorial week 10 Torts (1)

Week of 7 May (Lecture 9)

Key learning outcomes from Lecture 9:

 Some of the different types of torts and some areas of business where tort law may be
relevant
 How the law of contract and the law of torts interact
 What is the “duty of care” and to whom is it owed?
 What is the “but for” test?
 Some of the defences to torts
 Relevant statutory provisions of the Civil Liability Act 2002 (NSW)

Tutorial Problem Question

Jean was a regular shopper at East End Four Corners Supermarket, which was part of a
large nationwide supermarket chain. She was there at least once a week and sometimes
more often if the specials were really good. When Jean was there this week, she slipped on
some grapes in the fruit section, slipping and falling and breaking her ankle. The store
manager was not sure how the grapes got there or how long they had been there, but store
policy was to do checks every 15 minutes of the floor in the fruit section. The store manager
indicated that there were a number of spillages every week in the green grocery section of
the store.

The store owner wishes to know:

a) Whether East End Four Corners Supermarket owes a duty of care to Jean?
b) If they do, have they breached their duty of care?
c) Whether your answer would be different if Jean had slipped on some grapes in the fruit
section of the store.
d) Whether the store has any defences on which they may rely.

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 Refer to both the common law and the Civil Liability Act 2002 (NSW) in your answer.
Please also consider and apply any relevant statutory provisions and any relevant
decisions from any relevant cases you have studied in lectures.

Tutorial week 11 Torts (2)

Week of 14 May (Lecture 10)

Key learning outcomes from Lecture 10:

 The essential elements of negligent misstatement
 How the test for negligent misstatement relates to the test for negligence resulting in personal
injury
 Why courts are reluctant to make awards for pure economic loss
 How the Civil Liability Act 2002 (NSW) applies to professional negligence
 What an accounting firm can do to reduce the risk of liability for negligence

Tutorial Problem Question

Val Smith is 53 and has recently accepted a redundancy from her position as the sales
manager of a company which sells plumbing supplies. She is expecting to receive a lump
sum redundancy package of $500,000.

At a dinner party held by an old friend, Libby Green, Val meets Noel Spencer. Noel is also a
friend of Val. After a couple of glasses of wine Val tells Noel of her pending redundancy and
the funds she will receive. She tells Noel that she is afraid about how long it will take to get
another job so she needs to ensure that the money is invested in something that is very
secure and liquid as she may need the funds to live on. Val also states that she is concerned
as, although she knows a lot about the plumbing industry, she knows little about
investments.

Noel tells her that he is a licensed investment adviser and regularly gives people investment
advice. Noel says that he would be happy to assist Val with the investment of the
redundancy payout and he says: “Look, we’ve been friends for ages. I won’t charge for the
advice. Anyway I have done very nicely out of the stock market recently.”

Val makes an appointment to see Noel at 9.00am the following Monday at his office. She
tells Noel that apart from a one-bedroom apartment in Clontarf and a 10-year-old car she
has no other significant assets. Noel gives her a prospectus for an investment in shares

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 issued by a company called Australian National Reserve Limited. Noel advises Val to invest
the whole of the $500,000 by subscribing for these shares.

Val states that she is uncomfortable using the whole of her redundancy funds to invest in
shares. Noel assures her that the company is very strong and owns a large number of
commercial office blocks around Australia. He shows Val the balance sheet in the
prospectus which shows assets of $10,000,000 and liabilities of only $4,000,000. Val states
she would prefer to invest in something more secure. Noel replies: “I am a very busy man
and have a lot of other appointments today - this is what you should invest in.”

Val reluctantly agrees and completes a prospectus application form. She sends this
together with a cheque for $500,000 to Australian National Reserve Limited. Two days later
she receives confirmation that the shares have been issued to her.

One month later Australian National Reserve Limited is placed into liquidation. The liquidator
sends a letter to the shareholders, including Val, informing them that they will lose the whole
of their investment. It appears that the value of the commercial office blocks is only
$2,000,000. The $10,000,000 valuation was set by the company’s directors who have since
disappeared. It also appears that the auditors of Australian National Reserve Limited, Slack
& Co, did not request copies of valuations of the company’s property when they conducted
the audit of the accounts in the prospectus.

What are Val’s chances in bringing a successful action in tort against:

(a) Noel Spencer.

(b) Slack & Co.

Please refer to both the common law and the Civil Liability Act 2002 (NSW) in your
answer.

1. Take no more than 5 minutes to discuss with the one or two people next to you, HOW
you plan to prepare for the final examination in this course. In particular, you should
discuss:
 what strategies you will use to draw up, and keep to, a study plan;
 what topics you need to focus on;
 how much time you will allocate to each topic, and what aspects of each topic you
might focus on;
 if you would like to form a study group or if you prefer to study alone.

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 During your discussion, consider what other assessments and exams you have and how
you will manage your study for this course together with your other study and
assessment commitments.

Tutorial week 12
Business Structures
Week of 21 May
(Lecture 11)

Tutorial “Short Answer” Questions

1. What are the main advantages of a company compared to a sole trader and a
partnership.

2. Juliet and Elroy want to go into business together. Neither of them has any
experience in business, so they want to keep the administration as simple and as
confidential as possible. They are confident they will be successful and will eventually
need much more capital for expansion. Briefly advise them as to the most suitable
business entity for their situation.

3. What is the main advantage of operating a business as a trust?

4. Identify one significant difference between a proprietary company and a public

company.

Tutorial week 13 THIS WILL BE A REVISION CLASS

Week of 28 May
DON’T MISS IT!
(Tutor Consultation Week)

NOTE: THIS CLASS WILL BE SPENT ON REVISION FOR THE FINAL EXAM

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