1 Introduction to Business Law – SBM 3104 Semester 3 – 2016 Assessment Item 2 – Case Study Due Date: Week 9 (5:00 pm, 27 January 2017) Value: The total mark for this assessment is 100. This accounts for 30% of the total unit assessment. Rationale Practical exercises assess students’ ability to apply theoretical learning to practical, real world situations. Instructions In this assessment, students are required to apply their knowledge of Contract Law to analyse the problems and provide solutions. In a 2000 word written report, students should identify the legal issues, identify relevant legal rules and precedents, apply the rules to the facts and answer the questions. CAS! S”#$% Marcus is a senior investment banker at the prominent Australian bank, Eastpac. He drives a very expensive car to work and parks it in ‘Park Safe’, a secured parking bay in Sydney’s CBD. Upon entering the car park an attendant hands Marcus a ticket. The ticket indicates which parking space he has for the day, along with the date and time the ticket expires. As Marcus occasionally works until the early hours of the morning, he always purchases the full-day ticket, knowing that Park Safe has an attendant on duty 24 hours a day. 2 However, Marcus does not check the back of the ticket which lists, in substantially smaller print, a number of items, including the following: 3. Park Safe takes no responsibility for any damage caused to any vehicle, parked or otherwise on Park Safe premises, however such damage may be caused. Occupants use Park Safe at their own risk. Marcus parks his car in the designated spot, locks it and walks to his office. Upon his return from work later that day, Marcus goes to retrieve his vehicle and notices both back lights have been smashed. He then approaches the driver’s door and notices scratch marks along the paintwork and a smashed window. When Marcus opens his car he finds that the glovebox has been forced open and that several items are missing. Outraged and upset, Marcus goes to the attendant’s desk to inquire about the damage. Marcus wishes to claim full compensation for the value of all the lost items from his car, and the damage on the car from Park Safe. Based on the above scenario support your answers with >ustifications, cases and laws. 1. Is there a valid contract? (20 marks) 2. Do all the parties have the legal capacity to conclude a contract? (20 marks) 3. Is there a breach of contract? (20 marks) 4. If there is a breach of contract, what are the possible remedies? (20 marks) 5. Can Park Safe successfully exclude liability based on the exclusion clause? (20 marks) Mar&in' Criteria 1. Relevance to the question –Are all of the important issues required of the question addressed? Did the student answer the question? 3 2. Lo'ical structure – Is the answer well-structured and the argument logically developed? 3. Accuracy of answer – supported with the right law, and case. 4. Writin' style/'rammar – Is the style concise and lucid or confused, making it difficult for the reader to get the point? There should not be any spelling 5. Referencin' – Is there a properly presented list of reference material (only those items actually cited in the essay)? Were these items dutifully referenced in the essay?