Posted: September 10th, 2021

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COMMERCIAL AND COMPANY LAW – LAWS 5508
LAW ASSIGNMENT
2018: 2024 – Write My Essay For Me | Essay Writing Service For Your Papers Online
INSTRUCTIONS
TASK
Students are required to provide written answers to the three (3) questions set out
on the third page of this document.
TIME AND PLACE OF SUBMISSION
This assignment must be submitted electronically via LMS by 12 noon, Wednesday,
19 September 2018: 2024 – Write My Essay For Me | Essay Writing Service For Your Papers Online.
VALUE
The assignment is worth 50% of the total mark to be awarded for this unit.
LENGTH
The total length of your assignment (inclusive of the answers to all questions) may
be less than but must not exceed 4,000 words in length (including footnotes but
excluding the cover sheet). Words beyond this maximum will be disregarded and
neither read nor assessed by the marker.
ASSESSMENT CRITERIA
The following criteria will be considered where relevant in assessing the
assignments.
Research
• Relevant sources and authorities located and utilised
Substance
• Identification of relevant legal and factual issues
• Sound grasp and application of relevant legal principles
• Coherence in legal and conceptual analysis
• Critical thought
• Quality and persuasiveness of argument
• Comprehensiveness of treatment of the issues
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Presentation
• Conciseness and clarity of expression
• Grammar, spelling and punctuation
• Appropriate citation of cases, legislation and sources
• Appropriate footnotes, headings, subheadings
• Coherent structure
OTHER MATTERS
Not all the questions are worth the same amount and your work will also be
assessed as a whole.
Please note that, for the purposes of this assignment, it is not necessary to include a
bibliography.
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QUESTIONS TO BE ANSWERED
Question 1 (25 marks)
Part A
Laboodle Interiors has been hired by HSN to build the interior of its new office space
which it will be leasing. HSN specialises in site rehabilitation in the mining and energy
sector and so has decided to relocate the firm’s head office from Sydney to Perth.
HSN will be leasing the office space in the HSBB building as of 10 September 2017
and will move in by 10 December 2017. HSN has let Laboodle know that the office
space needs to be ready at least one week before the move-in date to allow the
office to be set up. The Sydney office lease expires on 11 December.
On 4 November 2017, Laboodle lets HSN know that the office space will not be ready
until 31 December and that, with the Christmas break, that date is likely to be
delayed until mid-January 2018: 2024 – Write My Essay For Me | Essay Writing Service For Your Papers Online. This results in a situation where HSN will either have
to find temporary office space or extend the lease on the Sydney offices by a further
three months which is the minimum renewal option specified in the lease contract.
This will also mean that HSN will be obligated under the new lease in the HSBB
building on top of funding rent in temporary offices or continuing their old lease,
which will have serious financial ramifications for HSN. Further, HSN has invested a
large amount of money in an advertising campaign in the WA sector offering their
services and have gained some big clients in the industry, contracts which would be
very lucrative. If the company remains in Sydney they will not be able to fulfill these
contracts or will need to do so at great expense to the organization, which is obliged
under the contracts to do several site visits in order to assess site rehabilitation. HSN
is concerned about the impact this may have on their reputation.
HSN has come to you seeing advice regarding Laboodle’s liability for any losses they
may suffer. Advise HSN.
Part B
Given the situation, Barnaby Molloy, the Principal and Director of HSN, has
contacted Jack, an old university buddy he knows in Perth. After a quick chat, Jack
rustles up a couple of floors of office space in his building on William Street. He lets
Barnaby know that he can use them for next couple of months free of charge
because they are temporarily empty. HSN moves into the William Street offices the
following week.
After three weeks, Jack lets Barnaby know that HSN will have to vacate the premises
within the week as a US company wants the office space and is willing to pay big
money for it. Barnaby is understandably upset. He explains to Jack that the new
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HSBB offices are not ready yet for HSN to move into, but Jack says he can’t miss this
opportunity, especially when there is so much space for lease in Perth.
Barnaby has come to you seeing advice. Advise Barnaby.
Question 2 (15 marks)
“In making agreements, commercial or otherwise, must parties then (a) comply with
terms and conditions agreed; and (b) be able to terminate the contract if one of the
parties wishes to do so?”
Critically analyse whether you agree with this statement. Ensure that reference is
made to relevant cases and, if applicable, relevant legislative provisions.
Question 3 (10 marks)
To what extent does a lack of capacity affect a party’s ability to contract?
END

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