BLST2BSL complaint about Samantha’s shoes 代写
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BLST2BSL complaint about Samantha’s shoes 代写
1. Was it a term of the contract between Peter and Animal-‐friendly Cobbler Supplies that the vegan
leather would be all-‐natural? (5 marks)
2. Was there an implied term in Samantha’s contract with Peter, that the shoes will be made with
all-‐natural vegan leather with no synthetic material/ingredients involved? (6 marks)
3. Was the colour of the sneakers’ soles a condition or a warranty of the contract? (3 marks)
4. Is Peter still responsible for the sneaker soles being the wrong colour? (6 marks)
After the complaint about Samantha’s shoes, Peter makes a sign to display in his shop. He puts the sign up
on the wall next to the counter where customers are served.
Geoffrey comes to Peter’s shop to place an order for a pair of men’s sneakers. They discuss all the details:
Geoffrey orders a pair of white men’s sneakers in a size 13, with white rubber soles. While finalising the
order Geoffrey sees the sign, which says: We accept no responsibility for breach of any warranty.
Geoffrey returns a week later to pay for and collect the sneakers. After leaving with the pair, Geoffrey
discovers that the sneakers have caramel coloured rubber soles. Geoffrey had the pair made to wear when
he participates in bowling league competitions, as participants must wear all-‐white shoes on the lawns.
Geoffrey wants to complain to Peter but isn’t sure whether the sign prevents him from doing so.
BLST2BSL complaint about Samantha’s shoes 代写
La Trobe University – School of Law
BLST2BSL Introduction to Business Law and Ethics
Semester 3, 2017, Sydney Campus
Common Law Assignment
INSTRUCTIONS
1. This assignment is worth 20% of your final mark for this subject.
2. Your assignment must be submitted by 12pm (midday) on Friday week 9.
3. This assignment runs across three pages and contains FOUR (4) questions. All questions must be
answered.
4. With regards to formatting, your assignment must be typed with 1.5 or double spacing, and with margins
of at least 2cm on all sides. Size 12 font must be used.
5. The task is a common law assignment, so you are not required to discuss any legislation at all. It is
essential that you cite relevant authorities (cases) to support your reasoning in each answer.
6. Your work must be appropriately referenced, using footnotes. Where you state a legal principle which
comes from a case, you must provide a citation to the relevant case. You are not expected to read the cases
themselves: as long as a case is summarised in the textbook, you can cite the case itself. If you are stating a
legal principle that is covered in the textbook or lecture and which does not have a relevant case provided
in the textbook, you should cite the textbook. You are not expected to use any materials beyond the
lectures and the set textbook. But if you do, you must provide appropriate citations. No bibliography is
required.
7. Your assignment must be 1,500 words or fewer, including all footnotes. This word limit is strict. You must
state the word count on the front page of your assignment. (If you fail to provide this, the examiner will be
forced to estimate the word count, and this may lead to penalties.)
8. You must also state the details of your seminar on the front page of your assignment. This includes the
day and time and location of your seminar, and the name of your seminar leader.
9. Assignment submission is electronic only, via the link on LMS: the link is accessible from the same folder
where you downloaded this document. Do not email your assignment to your tutor or the lecturer. Your
assignment will not be marked unless and until you have completed electronic submission.
10. You must not plagiarise. To avoid plagiarism, make sure you acknowledge all your sources with
appropriate citations. You may discuss the questions with other students, but all written work must be your
own: do not show anyone your written work for this assignment, and do not view anyone else’s. Academic
misconduct is taken extremely seriously at La Trobe University. Further information about plagiarism and
academic misconduct is provided in the Subject Learning Guide.
11. Further information about policies on late submission, applying for an extension, etc. is available on the
LMS, and in your Subject Learning Guide.
2 | P a g e
Peter owns and runs a shoe shop, Ethical Footwear, in Sydney. He sells custom-‐made, artisan shoes. He
prides himself in producing footwear in a much more sustainable, less toxic and more compassionate way
than using animal hides. Peter’s clients are vegans looking for high quality alternatives to animal leather.
Peter has sourced the material for his vegan line of footwear from No Animal Harmed (NAH) since 2010.
Sadly, the owner of NAH passed away recently and Peter had to find another supplier. Peter identified
Animal-‐friendly Cobbler Supplies (ACS) as a potential new supplier of vegan leather. He rings the business to
discuss the nature of the materials they sell and speaks to Martha:
Peter: ‘Many of my vegan clients are environmentally conscious. They are looking to buy shoes that are
manufactured from an eco-‐friendly, natural alternative to animal hide. Is the vegan leather you supply all-‐
natural?’
Martha: ‘Yes, of course!’
Peter informs Martha of his intention to order 5m 2 black vegan leather. Later that afternoon, Martha emails
Peter an online order form with the type and amount of leather already entered. Peter adds his details to
complete the online order form and e-‐mails it back to Animal-‐friendly Cobbler Supplies. The order form did
not include specific instructions/details about the vegan leather.
Peter uses the vegan leather to craft a pair of bespoke black boat shoes for Samantha. Samantha calls Peter
a couple of days later, threatening to sue him. Within minutes of putting on the shoes, the skin on her feet
broke out in painful red patches and blisters. Samantha is allergic to synthetic colouring. It turns out that
the synthetic tint ACS uses to colour the vegan leather they supply, caused the reaction.
Although Samantha made it clear that she wanted vegan leather, she did not specify that the production
process should not involve any synthetic materials. She now wants to sue Peter for breach of contract.
1. Was it a term of the contract between Peter and Animal-‐friendly Cobbler Supplies that the vegan
leather would be all-‐natural? (5 marks)
2. Was there an implied term in Samantha’s contract with Peter, that the shoes will be made with
all-‐natural vegan leather with no synthetic material/ingredients involved? (6 marks)
After the complaint about Samantha’s shoes, Peter makes a sign to display in his shop. He puts the sign up
on the wall next to the counter where customers are served.
Geoffrey comes to Peter’s shop to place an order for a pair of men’s sneakers. They discuss all the details:
Geoffrey orders a pair of white men’s sneakers in a size 13, with white rubber soles. While finalising the
order Geoffrey sees the sign, which says: We accept no responsibility for breach of any warranty.
Geoffrey returns a week later to pay for and collect the sneakers. After leaving with the pair, Geoffrey
discovers that the sneakers have caramel coloured rubber soles. Geoffrey had the pair made to wear when
he participates in bowling league competitions, as participants must wear all-‐white shoes on the lawns.
Geoffrey wants to complain to Peter but isn’t sure whether the sign prevents him from doing so.
3. Was the colour of the sneakers’ soles a condition or a warranty of the contract? (3 marks)
4. Is Peter still responsible for the sneaker soles being the wrong colour? (6 marks)
1. Was it a term of the contract between Peter and Animal-‐friendly Cobbler Supplies that the vegan
leather would be all-‐natural? (5 marks)
2. Was there an implied term in Samantha’s contract with Peter, that the shoes will be made with
all-‐natural vegan leather with no synthetic material/ingredients involved? (6 marks)
3. Was the colour of the sneakers’ soles a condition or a warranty of the contract? (3 marks)
4. Is Peter still responsible for the sneaker soles being the wrong colour? (6 marks)
BLST2BSL complaint about Samantha’s shoes 代写
