commercial law

LAW2442 Commercial Law: Mid-Semester Test (F) 1

GRADUATE SCHOOL OF BUSINESS AND LAW MID-SEMESTER TEST (F) COURSE: LAW2442 COMMERCIAL LAW DATE: Week 7 Tutorial TIME ALLOWED: 50 minutes TOTAL OF PAGES: Nine (9)

INSTRUCTIONS TO CANDIDATES: 1. The candidate’s name and student number must be entered on the test

paper. 2. This test has two questions. Candidates are required to answer both

questions. Both questions carry equal marks. 3. Answers must be written on the provided test paper. 4. Students are not permitted to leave the tutorial room with the test paper. 5. Grammar and expression will be taken into account when assessing

answers. 6. Only those enrolled in LAW2442 Commercial Law may sit for this test. 7. This test is open book. 8. Electronic materials are not allowed. 9. This paper carries 40% of the marks allocated in this course. NAME :……………………………………………………………………………. STUDENT NO.: ………………………………………………………….… TUTOR’S NAME:………………………………………………………………… DAY AND START-TIME OF TUTORIAL:……………………………………..

LAW2442 Commercial Law: Mid-Semester Test (F) 2

QUESTION ONE Kevin, who is aged 34, was employed on Jenny’s farm as a labourer. In 2014

he suffered an injury to his back when lifting heavy bags of potatoes. He

underwent spinal surgery and was off work for nearly 12 months. Kevin

received compensation for this injury. Kevin returned to work on the farm in

2015. Jenny knew of the injury and the operation.

In 2016, Kevin began to complain that his back was getting sore again, and

Jenny told him not to lift heavy things and to be careful. She provided a small

lifting machine to assist him to carry out his job. However Kevin thought the

machine was too slow so he continued to lift the bags by himself.

Early in 2017, while Kevin was lifting bags of potatoes onto a trailer, his back

was again injured, and he had to undergo more surgery. This time the injury

was too great, and he will be unable to do any more labouring work for the

rest of his life.

REQUIRED

Advise Kevin as to whether he would be successful in negligence against

Jenny. Please explain fully, using relevant legal authority.

(20 marks)

LAW2442 Commercial Law: Mid-Semester Test (F) 3

QUESTION TWO Max writes a letter to his close friend, Lucy, and offers to sell her his car for

$3,000. Lucy calls Max and explains that she needs a little time to think it

over. Max tells her, “I’ll give you till Monday August 19 to let me know

whether you want the car.”

On Thursday August 15, Lucy posts a letter to Max agreeing to buy the car at

the specified price.

Later that Thursday, Max is approached by his work boss, Clara, who wishes

to purchase Max’s car. Clara offers $4,000. Max immediately accepts and

leaves a message on Lucy’s answering machine telling her that he has

decided to sell the car to Clara instead.

Lucy hears Max’s message on Friday August 16 and Lucy’s letter to Max is

not delivered until Monday August 19.

REQUIRED:

Advise Max as to his contractual obligations in respect of the car.