Business Law Problem Solving Worksheet

Assessment BriefAssessment 2: Problem Solving Task
Word Limit: 1500 words maximum (excluding references)
Background
You are a graduate working in the procurement and logistics department of Wineglass Bay Seafood
Pty Ltd – a company specialising in supplying fresh seafood directly to restaurants. The company
also sells seafood direct to the public at its marine farm situated on the east coast of Tasmania and
has three outlets at nearby towns. In your interview for the graduate position, you highlighted your
knowledge of business law completed as part of your RMIT degree.
PART ONE
See attached memorandum from your team manager, along with an invoice, company search
extract, and relevant email correspondence.
PART TWO
You will receive updated instructions on 5 September 2022.
Task
You are required to address your team manager’s questions in the form of a memorandum of
advice. Refer to the RMIT Learning Lab resources for advice on the structure.
Your submission is to be made on the Assessment Two submission box on Canvas.
Page 1 of 2
Referencing
You must acknowledge all the courses of information you have used in your assessments in
compliance with the Australian Guide to Legal Citation.
Refer to the RMIT Easy Cite referencing tool to see examples and tips on how to reference in the
appropriated style. You can also refer to the library referencing page for more tools such as
EndNote, referencing tutorials and referencing guides for printing.
Assessment Criteria
Criteria
Identification of Legal Issues
Marks available
6 marks
Identification of Legal Rules
6 marks
Analysis & Argument
16 marks
Conclusion
3 marks
Referencing
3 marks
Writing Style and Language
3 marks
Presentation
3 marks
40 marks
See full rubric on Canvas.
Page 2 of 2
Wineglass Bay Seafood
Memorandum
From To
Michelle Moorehouse Graduate
Team Leader
Date
Monday 29 August 2022
Disputed Purchase – Launceston Printing and Design
Jemma, our outlet manager in Bicheno, has received an invoice from earlier this year.
It appears there is a disagreement between her and a signage company about
whether or not things were properly ordered or not. The dispute is above $5,000 so
Jemma has escalated the matter to us at head office in line with company policy.
I am away on leave next week. In my absence, I am tasking you with reviewing the
enclosed materials and providing me with a memorandum containing your critical
analysis in response to the following questions:
•
•
•
•
Is there a valid contract for the banners?
Is there a valid contract for the outdoor sign?
Is Wineglass Bay Seafood bound by the so-called “terms and conditions”?
Are there any other legal issues arising from the materials?
Please give legal reasons for your answers and keep your analysis to a maximum of
1,500 words.
I need this back no later than Monday 12 September 2022, so that I have enough time
to consider whether to pay the invoice or send it to our lawyers.
If you have any questions or need further information to complete your analysis, please
just include this in your memorandum – don’t bother Jemma with any questions yet.
If any other relevant information comes through while I’m away, I’ll forward it to you.
Thanks in advance.
Kind regards,
Attachment – Email Correspondence Part One
From: Jemma Fishburne
Sent: Tuesday, 23 August 2022 3:04 PM
To: Michelle Moorehouse Subject:
FW: Outstanding Invoice
Hi Michelle,
As discussed on the phone just now and sorry to be a bother. As far as I’m concerned, I don’t think we should
pay it – I think my position is clear in the emails and other attachments provided.
There’s no huge rush, but I’m getting tired of the angry phone calls. Of course, I will follow your advice.
Kind regards,
Jemma
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From: Accounts
Sent: Friday, August 19, 2022 11:17 AM
To: Jemma Fishburne
Subject: Re: Outstanding Invoice
Dear Jemma
We maintain our position is that Wineglass Seafood is liable for the payment in line with our terms and
conditions. We would appreciate your company’s prompt payment of our invoice (attached).
We note that if the invoice remains unpaid, we will be forced to consider our legal options.
Regards,
Bruce
Accounts Department
Launceston Signs and Designs
From: Jemma Fishburne
Sent: Monday, 15 August 2022 9:07 PM
To: Accounts
Subject: Re: Outstanding Invoice
Dear Accounts Department
I will not be paying this invoice. As I explained to Hugh – the pull up banners were never actually ordered. Sure
they were delivered but you can take them back if you like. Second, the order for the outdoor sign was
cancelled. And third, I did not agree to that outrageous delivery fee.
As far as I am concerned, this is an internal matter for you guys – so please sort it out with Hugh.
Kind regards,
Jemma
Jemma Fishburne
Bicheno Outlet Manager
Wineglass Bay Seafood Pty Ltd
Please consider the environment before printing this email.
Attachment – Email Correspondence Part One
From: Accounts
Sent: Wednesday, August 10, 2022 8:00 AM
To: Jemma Fishburne
Subject: Re: Outstanding Invoice
Wineglass Bay Seafood
Please find invoice for payment which is now overdue.
If you have any questions, please contact accounts@launcestonsigns.design.
Accounts Department
Launceston Signs and Designs
Launceston Signs and Designs Pty Ltd
ACN 409256782
TAX INVOICE
13 March 2022
Attention: Jemma Fishburne
Bicheno Outlet
Invoice Page 1
Launceston Signs and Designs Pty Ltd
ACN 409256782
TERMS AND CONDITIONS
These General Terms and Conditions govern the provision and sale of products and services by
Launceston Signs and Designs Pty Ltd and/or our contractors (we/us/our).
1. Application
The customer agrees that every offer, order, and agreement that is conducted between our
stores or employees, and authorised actions of our contractors or agents, is governed by these
terms. We reserve the right to change these conditions at any time without prior notice or
agreement. You should review the terms and conditions each time you make a purchase or
2.Account
The customer agrees that you will always be responsible for the payment of any products or
services purchased by it or an authorised employee or agent.
3.Title
The customer agrees that the risk of loss and title for any product pass to you upon our delivery
to our carrier or on installation (if required) by our employees or contractors.
4. Delivery fees
The customer agrees to pay the following delivery fees unless waived by express agreement.
Location
Launceston and Surrounds
Midlands
East Coast and North Coast
– Small Load
East Coast and North Coast
– Special Delivery
West Coast and South
Coast
Fee
$Free
$50
$50
$350
At Courier
Cost
5. Limitation of Liability and Indemnity
engage a service.
The customer agrees that you will not hold us liable for any acts or omissions and will indemnify
us against all claims (including negligence), liability, damages (however caused), costs and
expenses, including reasonable legal fees and expenses arising out of or related to the product
provided or service received from us.
Invoice Page 2
Attachment – Email Correspondence Part Two
From: Jemma Fishburne
Sent: Friday, 18 February 2022 5:22 PM
To: Hugh Jefferson Subject:
Re: Request for Quote – Marketing Banners
Thanks.
Kind regards,
Jemma
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From: Accounts
Sent: Friday, 18 February 2022 10:15 AM
To: Jemma Fishburne Subject:
Re: Request for Quote – Marketing Banners
Dear Jemma
Thanks for your email. No worries, always good to hear from you!
Yes, we have stock. Usually we would supply for $158 per banner. This is the cost for our premium
banner (with a 15% discount for a returning customer).
However, we would like to provide these to you free of charge – all we ask is that you display some
Launceston Signs and Designs flyers and my business cards at your expo stall. Think of it as two
small businesses looking out for each other. If not, no worries, I’ll just add them to your invoice.
If you are happy with this, we will print the design that we have on file tomorrow morning and we will
deliver to you next week.
Cheers,
Hugh
Hugh Jefferson
Account Executive
Launceston Signs and Designs Pty Ltd
From: Jemma Fishburne
Sent: Friday, 18 February 2022 8:04 AM
To: Hugh Jefferson Subject:
Request for Quote – Marketing Banners
Hi Hugh
Another request sorry. I am in need 5 pull up banners for a marketing event expo in March. Do you have these
in stock? And do you have the good ones, the event is outside and need them to be sturdy?
Kind regards,
Jemma
Jemma Fishburne
Bicheno Outlet Manager
Wineglass Bay Seafood Pty Ltd
Please consider the environment before printing this email.
Attachment – Email Correspondence Part Three
From: Jemma Fishburne
Sent: Wednesday, 23 February 2022 10:19 AM To:
Hugh Jefferson
CC: Jeremy Hunter
Subject: Re: Replacing Outdoor Sign
Hi Hugh
Just tried to call. Not sure what is going on, but your guys are here installing the sign. Jeremy said that he
cancelled the order earlier in the week.
Please call me ASAP.
Jemma
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From: Jemma Fishburne
Sent: Friday, 18 February 2022 2:24 PM
To: Hugh Jefferson
CC: Jeremy Hunter
Subject: Re: Replacing Outdoor Sign
Hi Hugh
Thanks for coming back to me so quickly.
I would be happy to proceed if you could do it for $6,250.
I’ll have my assistant Jeremy call you next week to arrange logistics.
Kind regards,
Jemma
Jemma Fishburne
Bicheno Outlet Manager
Wineglass Bay Seafood Pty Ltd
From: Accounts
Sent: Friday, 18 February 2022 9:56 AM
To: Jemma Fishburne
Subject: Re: Replacing Outdoor Sign
Dear Jemma
Thanks for your inquiry.
There will be no problem from the council’s point of view. We have installed much bigger than this
recently, it didn’t need any permits and there haven’t been any problems.
I would recommend installing the sign structure first and the applying the design to the face of the sign
a week or two after it has been constructed. We can commence work on this late next week, and
estimate it taking one or two days at the most, depending on the roof structure.
The cost is $7000.00 (before GST and excluding delivery).
Attachment – Email Correspondence Part Three
Cheers, Hugh
Hugh Jefferson
Account Executive
Launceston Signs and Designs Pty Ltd
From: Jemma Fishburne
Sent: Friday, 18 February 2022 7:34 AM
To: Hugh Jefferson
Subject: Replacing Outdoor Sign
Hi Hugh
The sign on our shopfront wall is a bit tired and needs replacing after several years. I am also worried about
the vacant lot next to us being developed so I was thinking about installing a sky sign so that you can see it
from the main road.
Here’s what I was thinking that I found online:
I’d like the dimensions of the sign to be 2.0 m (height) x 5.0 m (length) – with legs of 0.5 m.
I’d like the text to say:
FRESH LOCAL SEAFOOD DIRECT
TO THE PUBLIC
OPEN TUESDAY – SUNDAY
Do we need a council permit for this?
In any case, please let me know what you think and how quickly you would be able to get this done?
Kind regards,
Jemma
Jemma Fishburne
Bicheno Outlet Manager
Wineglass Bay Seafood Pty Ltd
Attachment – Voicemail and Transcript
Tuesday, 22 February 2022 9:08 AM
Click Link to Play:
Transcript:
Oh Hi there Hugh
It is Jeremy here from Wineglass Bay Seafood
Just calling in relation to the discussion about the sign for our Bicheno premises.
Jemma has asked me to get you to cancel that order for now – reason is we are just having issues
with our lease renewal and obviously we don’t want to spend the money on the sign unless we have
that lease locked in.
So yep, hold that for now, but any questions give me a call. Thanks.
Purpose: This will assess students’ ability to apply in depth the concepts learned in Topics 1 to 6 to a
real-world problem.
Description: You will be presented with a real-world problem and you will need to submit a written
assessment in response to the legal questions posed in relation to topics 1 to 6 (inclusive). In this
assessment, you will apply legal problem-solving techniques learnt during tutorials. This assessment
will develop the following capabilities. First, it will develop your analytical capabilities to analyse a real-
word-problem scenario to identify certain legal problems that the scenario presents. Second, it will
develop your capabilities to identify and locate relevant legal rules. Third, it will develop your analytical
and practical capabilities to apply those rules to the fact scenario to arrive at conclusions that are
correct in law. Fourth, you will learn to present your findings in a professional format using language
that is plain and precise.