Law

by Audrey Brown July 19, 2016
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Q. Simon, a commercial traveler, when visiting potential clients in Exeter, regularly stayed at the Excelsior Hotel.  On leaving hospital and having inspected his car at the local garage, Simon decided to have a few days’ holiday to recover from his trauma. He rang up and booked at the luxurious Red Lion Hotel in Windermere. Arriving at the hotel he found the reception extremely busy with a coach party. Whilst waiting he read a notice headed “Terms and Conditions” on the wall. Clause 3 stated that the hotel would not be liable for any losses caused to a client by virtue of the hotel being overbooked. When Simon’s turn in the queue came, he was told that the hotel could not offer him any accommodation. Simon protested that he had booked in advance, but this was to no avail, the manager pointing out the clause in the terms and conditions.

Advise as to whether the exemption clauses will prevent Simon from being successful in his actions against the Excelsior and Red Lion Hotels.

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Q. Is there a valid enforceable contract between Chen and John? What arguments could Chen use to support his refusal to pay John more than the original agreed price? What arguments could Chen use to support his claim for compensation for the hotel? What arguments could John use to support his claim to the $10,000 he wants Chen to pay?
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Q. Scrooge Bank (“Scrooge”) is negotiating the terms of an unsecured loan agreement to be made available to Marley Ltd, a company incorporated in England. The loan agreement, which is governed by English law, includes the following clauses:
(i) A negative pledge clause;
(ii) A material adverse effect clause; and
(iii) A cross-default clause.
Advise Scrooge on the purpose and legal effect of each of these clauses.

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Q. Apollo Bank (“”Apollo””) is a bank based in England. It has suggested to one of its customers, Prospect Limited (“”Prospect””) that Prospect should obtain new finance from a syndicated loan, the proceeds of which would be used to repay Apollos’s existing lending to Prospect, which is currently in default. Prospect has no other facilities. Apollo proposes to act as the arranger and agent of the syndicated loan, which is to be governed by English law.
As its legal adviser, advise Apollo on its potential liabilities in acting as an arranger and an agent (as indicated in your reading materials, duties and potential liabilities of an arranger and an agent are different and you should analyse each of them separately).
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Q. Achilles Bank (“Achilles”) is considering purchasing a $100 million participation from Priam Bank by way of a funded sub-participation. The participation forms part of a $500 million loan made available to Hector Ltd.
Advise Achilles on the risks it faces in purchasing the participation by way of funded sub-participation and how those risks might be mitigated.
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Q. What is meant by the concept of indirect expropriation as contained in international investment agreements and how can this concept be problematic from a standpoint of national sovereignty?
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Q. Discuss the key rules of judicial precedent and its advantages and disadvantages for business and commerce.
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Q. What types of protection are afforded to foreign investors through the Fair and Equitable Treatment standard and what are the advantages and disadvantages of this standard being highly indeterminate?
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Q. Write a case comment on a recent (last 3 years) decision of the International Centre for the Settlement of Investment Disputes (ICSID).
How and why did the tribunal reach its decision and what sources of law did it use? What is the importance of this case for international investment law?
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Q. Why do firms invest in foreign countries? What are the advantages and what are the risks?

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Q. What are the recent trends in global foreign direct investment patterns? What does this reflect and do you see any legal challenges that could arise from these trends?

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Q. Alpha Bank recently entered into a Loan Agreement with Estelle Limited (‘Estelle’). The form of the Loan Agreement is based on the London Loan Market Association standard form. The loan has yet to be drawn down by Estelle. Alpha Bank is very concerned about its obligations under the loan in light of the ongoing international credit crisis and seeks your advice on whether there are legitimate grounds upon which it can refuse to comply with any drawdown notice delivered by Estelle and also the potential liability it may be subject to in the event it refuses to comply with any such drawdown notice.
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Q. Alpha Bank (“Alpha”) is proposing to transfer all of its participation in a bilateral loan to Hector Bank Limited (“Hector”). The Borrower under the syndicated loan is Troy Inc (“Troy”) with whom Alpha has extensive banking relationships. Troy also holds significant deposits with Alpha but has no existing banking relationship with Hector.
The underlying loan agreement includes the following provision: “The consent of the Borrower is required for an assignment or transfer by a Lender provided that the consent of the Borrower to an assignment or transfer must not be unreasonably withheld or delayed”.
Advise Alpha as to the various methods of transfer that can be used to effect the transfer of its participation in the loan to Hector as a matter of English law. In your answer, you should identify the advantages and disadvantages of each method of transfer you identify.

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Q. Discuss why a High Court decision that a recently enacted statute is unconstitutional would be seen by a government as a more serious set-­‐back to its legislative reform programme than a decision by a judge of a State Supreme Court interpreting the meaning of a key provision in the statute in a manner contrary to the Government’s intentions, as demonstrated by the speech of the responsible Minister when he/she introduced the proposed legislation to Parliament.
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Q. Choose 2 dispute resolution methods for each of your scenarios from the followinglist. Some of these are described in the Astor and Chinkin reading (some have been left out intentionally and some are also known by different names). Giving reasons relating their advantages and disadvantages found in your research, state which might be preferred for each particular scenario:
a. Litigation
b. Mediation
c. Expert Appraisal and Determination
d. Case Presentation
e. Conciliation
f. Arbitration

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Q. Critically evaluate the international investment laws of a country of this legal regime affected foreign direct investment to and from this country?
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Q. Law case study- Question 1
Advise Jet regarding the above facts, analysing:
(a) Possible recourse in relation to any breach of the Company’s rights;
(b) Any other legal option he may have in relation to the Company.
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Q. 1. Identify the key information about the holiday as set out in brochure.
2. Critically analyse the package using the principles of contract law found in case law and categorise the statements into representations, terms, conditions and warranties.
3. Critically analyse and identify any material in the brochure which is potentially;
• Unconscionable
• Misleading or deceptive
• False representation
• Bait advertising
• Offers gifts or prizes
In your report explain the effect of these representations having regard to the consumer and consumer protection laws. You should outline the law relating to advertising including improper business practices, any legislation regulating advertising, unlawful sales techniques and the powers of enforcement.

4. Critically examine the brochure and identify any exclusion or limitation clauses and explain using the principles of contract law whether the clauses would be valid.
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Q. What problems, tensions, and challenges confront nations in attempting to be a good ‘global citizens’?
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Q. Based on the case study 1 Discuss whether there was a binding contract between Alfred and the shop, considering all the five essentials of a valid contract. (10 marks)
Discuss whether the contract above would be valid or void on the basis of mistake. Based on case study 2 : Discuss whether the exclusion clause would be valid and effective in protecting the Hotel from the claims. (10 marks)
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Q. Read the decision of Minister for Immigration and Border Protection v Han [2015] FCAFC 79 (4 June 2015) attached to this assignment.
Examine and discuss (in plain English) the reasons Flick, Murphy and Griffiths JJ decided as they did and the implications of this case in terms of the residency requirements for a spouse or de facto partner of an Australian citizen wishing to become a citizen of Australia.
Explain whether their Honours employed any principles of statutory interpretation in reaching their conclusions?
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Q. You are required to prepare a letter of advice for John addressing the following issues:
1. Has John lodged a valid visa application for the Partner visa Class UK/BS subclass 820/801? What are the requirements to make a valid visa application in these circumstances? Explain what John should have done in the circumstances.
(15 marks)
(Maximum Word Limit: 750 words)
2. Has John breached any of the requirements in the Code of Conduct? If so, explain what provisions he has breached and what John should have done in the circumstances. Be specific.
(12 marks)
(Maximum Word Limit: 600 words)
3. Assuming condition 8503 was waived, could Janice instead apply for a valid Temporary Business Entry visa Class UC subclass 457 in Australia?
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Q. Mr. and Mrs. Lee provide a guarantee to a bank over a loan for a motor vehicle purchased by their son Lim. Lim subsequently defaults on his repayments and the bank seeks to enforce the guarantee against his parents. At the time the guarantee was entered into, neither parent had a good grasp of the English language, both were elderly and they received no independent legal advice. Mr. and Mrs. Lee believed that the extent of their liability was far more limited than it was. Upon what grounds could it be argued that reality of consent is missing from the guarantee agreement? What would be the likely status of the agreement?
Question 2 (10 Marks)
Critically analysis the following scenario and advise Belinda whether she has an action against the ferry company for the loss of her car.Belinda, who resides in Melbourne, decided to take her family to Hobart. Arriving at the ferry (which she has often used before), she is given a ticket on paying her fare and the fare of her three children. On the reverse side is written:
“All vehicles and passengers use this ferry at their own risk” She does not read these words nor does she see the notice on the ferry itself that has identical wording. Due to negligent navigation by its captain, the ferry collides with an underwater obstruction marked by a warning buoy. The ferry sinks slowly enough for all the passengers and crew to be rescued but the ferry and vehicles on it are lost.”
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Q. Provide a written response to Nathan advising Nathan as to whether he should inform Samantha about Beth taking goods from the store or not. In your written response you should:
• Analyse his dilemma with the ethical theories of utilitarianism, Kant’s ethics and virtue ethics covered in BSB111 and
• For each theory, draw a conclusion as to whether it would be ethical for Nathan to inform Samantha about Beth taking the goods from the store.
In a separate response, provide a recommendation to Nathan as to what you think Nathan should do. Your recommendation should include the following points:
1. What is your recommendation to Nathan as to what he should do
2. Which ethical theory helped you make this recommendation to Nathan
3. Why did you choose this theory to make a recommendation to Nathan rather than the other two theories? Or if you used a combination of the theories, why did you choose this combination of theories to make your recommendation – what motivated you to make the choice you did?
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Q. Just over two years ago, Jane bought a rundown coffee shop business and the premises at which the business was carried on. Soon after buying the business and premises, she had the shop refitted. This was done by her husband Edward, who runs a redecorating business. The cost of refitting the shop was $40,000. Jane did not pay this amount to Edward despite the fact that the original term orally agreed between them was that Jane would pay the full amount to Edward within a year. It was also orally agreed at the time that no interest would be payable on the debt.
The coffee shop business has proved very successful. Six months ago, the shop next door to Jane’s was put on the market for sale. Jane saw this as a great opportunity to expand her business. She spoke to her bank manager about obtaining a loan to finance the purchase and redecoration of the adjoining shop. The bank manager was concerned that Jane had not yet paid her outstanding debt to Edward. Furthermore, if Jane did pay this debt, it seemed that she would not have quite enough capital to meet the bank’s lending rules. Jane explained this situation to Edward. She said she was very keen to buy the shop but she could only do so if he would accept $10,000 in full and final settlement of the outstanding debt. Edward agreed to this and they wrote their agreement on a sheet of paper and both signed it. Edward’s reason for agreeing to this arrangement was partly because he wanted to help his wife and partly because he assumed that she would hire him to redecorate the new shop. Jane produced the signed written agreement to her bank and, because of it, was able to get a bank loan and go ahead with the purchase of the shop next door. Jane then arranged for the shop to be redecorated but she did not engage Edward to do this. Instead, she hired Max who operates a decorating business across the road from Jane’s coffee shop business. Jane has paid Max $25,000 for redecorating the shop.
Jane has since spent a lot of time socially with Max and has now declared her wish to end her marriage to Edward and start a new relationship with Max. Edward is outraged at Jane’s declaration and his first response has been to sue her for the $30,000 that he claims is outstanding from his refitting the coffee shop.
Advise both parties about their legal position in respect to this dispute between Edward and Jane.

Q. Jean was a regular shopper at Top Star 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 aisle 3 and broke her ankle.
Grapes are normally found in the fruit section of the store and the store was not sure how the grapes got there or how long they had been there.
The store manager indicated that there were a number of spillages every week in the aisles in
this store.
Is Top Star Supermarket liable in negligence for Jean’s injury?
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Q. Write an essay on international law topics including; state responsibility, use of force, jurisdiction and immunities and territory as topics and no footnotes required just shortened referencing is fine. e.g (Nicaragua para 232)
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Q. Prepare a letter of advice to Gary briefly explaining whether SFA can sponsor Abdul for the 457 visa and the steps involved.
You would have provided Gary with the Consumer Guide and explained about your charges for the matter when Gary first came to see you, so there is no need to reiterate it in your letter.
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Q. Find the following judgement, Hebei Jikai Industrial Group Ltd v. Martin [2015] FCA 228, and answer the following questions:
(a) Provide an account of parties in this case and what relief if any is sought by them.
(b) What was the primary, basic legal issue in contention between the parties, what were the relevant legal principles relied upon by the Court?
(c) What orders were made?
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Q. (a) Choice of law issues, Australia or US- what US law would by default govern the sales contract if the standard form US contract was relied upon and is it possible under the relevant US law to select CISG for the law of the contract?
(b) The merits of a compulsory arbitration clause and if the arbitration was to be US based, what arbitration law would apply and what arbitration bodies are available?
(c) Alternatively, assuming the parties selected Queensland law, CISG and either the Queensland courts or arbitration to settle arbitration disputes, discuss and appraise, how a Queensland Court judgement or Queensland arbitration award would be recognised and enforced under the US legal system.
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Q. 1. WHAT IS THE 8516 VISA CONDITION? EXPLAIN WHY IT WAS FOUND THAT HE HAD BREACHED THIS CONDITION AND HOW THIS LED TO HIS STUDENT VISA BEING CANCELLED.
2. TONY WANTS TO APPLY FOR THE PARTNER (820/801) VISA. IS THAT POSSIBLE?
3. DOES THIS SATISFY THE DEFINITION OF ‘FAMILY VIOLENCE’?
4. IN THIS SITUATION, DOES TONY STILL HAVE ANY HOPE OF OBTAINING PERMANENT RESIDENCE?
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Q. This assignment is designed to assess your understanding of Contract law.
You are required to use the IRAT format for your answer and refer to relevant precedents where applicable (You should refer to the IRAT Workshop material you were provided with).”
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  1. What is the difference between legislation and common law
  2. How does the principle of binding precedent operate?
  3. What are the advantages and disadvantages of precedent
  4. Discuss the three arms of the state and their role
  5. What is the role of tribunals in the justice system?
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