Law Pratice Question
Answer to Tutorial Exercise
Semester 2, 2011
Question
An Lushan operates the Tang Empire restaurant in Hawthorn. He places his regular weekly order for $1000 worth of ‘Yellow Turban’ noodles with his supplier, Wu Zetian, who manufactures foodstuffs in Victoria. Unfortunately on one week the noodles are adulterated with a cleaning agent. Fortunately An Lushan realises that the noodles are unfit to eat before he serves them to his customers.
(a) Explain whether there is a breach by Wu Zetian of the implied term under s 19(a) of the Goods Act.
(b) Explain whether there is a breach by Wu Zetian of the implied term under s 19(b) of the Goods Act.
(c) What would the position be if the contract contained the following provision:
‘This agreement contains all the terms and conditions under which I agree to purchase the foodstuffs specified above and any express or implied condition, statement, warranty statutory or otherwise not stated herein is hereby excluded’.
Rubric on How Law Exams are marked
This is a guide to how law problems are assessed by examiners.
Did you:
1. Identify the relevant issues
2. Identify the relevant law on each issue
3. Accurately explain the relevant law
4. Properly apply the law to the problem
5. Present your answer in an organised and logical manner
Students should note that most of the marks are for identification of the relevant issues and an accurate discussion of the relevant law with further marks for accurate application of the law to the problem. It is expected that a number of relevant cases will be discussed. Further it is not enough to simply cite the name of the precedent case, it is important to accurately state the principle of law (ratio decidendi) that it lays down. Students should explain the following precedent cases
Chaproniere v Mason (1905)
Wren v Holt (1903)
Baldry v Marshall (1925)
Godley v Perry (1960)
L’Estrange v Graucob (1934)
Guide to the Question:
An Lushan
Semester 2, 2011
Question
An Lushan operates the Tang Empire restaurant in Hawthorn. He places his regular weekly order for $1000 worth of ‘Yellow Turban’ noodles with his supplier, Wu Zetian, who manufactures foodstuffs in Victoria. Unfortunately on one week the noodles are adulterated with a cleaning agent. Fortunately An Lushan realises that the noodles are unfit to eat before he serves them to his customers.
(a) Explain whether there is a breach by Wu Zetian of the implied term under s 19(a) of the Goods Act.
(b) Explain whether there is a breach by Wu Zetian of the implied term under s 19(b) of the Goods Act.
(c) What would the position be if the contract contained the following provision:
‘This agreement contains all the terms and conditions under which I agree to purchase the foodstuffs specified above and any express or implied condition, statement, warranty statutory or otherwise not stated herein is hereby excluded’.
Rubric on How Law Exams are marked
This is a guide to how law problems are assessed by examiners.
Did you:
1. Identify the relevant issues
2. Identify the relevant law on each issue
3. Accurately explain the relevant law
4. Properly apply the law to the problem
5. Present your answer in an organised and logical manner
Students should note that most of the marks are for identification of the relevant issues and an accurate discussion of the relevant law with further marks for accurate application of the law to the problem. It is expected that a number of relevant cases will be discussed. Further it is not enough to simply cite the name of the precedent case, it is important to accurately state the principle of law (ratio decidendi) that it lays down. Students should explain the following precedent cases
Chaproniere v Mason (1905)
Wren v Holt (1903)
Baldry v Marshall (1925)
Godley v Perry (1960)
L’Estrange v Graucob (1934)
Guide to the Question:
An Lushan