Posted: July 13th, 2022

Australian Agency Law Assignment | Homework For You

The purpose of the assignment is for you to undertake independent research into a particular aspect of law, to reflect on and consider particular legal issues and to apply your legal skills. It is important for you to think through how to structure and present your arguments, and to discuss what the law is in a particular area. We are looking for a demonstrated understanding of commercial law and this requires you to use substantive law to support your argument. The length of the assignment is to be 2000 words. Please provide a word count with the assignment. You do not need to include the references in the word count. In regard to your referencing, a reference list is required and not a bibliography.

In writing your responses, make sure you answer the questions asked and address the criteria outlined in the Course Description. Most marks are given for analysis; very few marks are given for merely restating information (including the facts). You should note that the most important assessment criterion for this task is your ability to apply knowledge and present arguments to justify your analysis. Take care also to follow the presentation requirements and to note the warning about plagiarism in the Course Description. In your answer to both questions, only consider the Australian law of agency. You must complete BOTH QUESTIONS in this assignment.

QUESTION 1: Kevin is a business development director at Mudkey. Each month Kevin enters binding contracts with Anthony for information technology and legal services based on business generated. Kevin has been a business development director of Mudkey for ten years, he has his name prominently displayed on the website as a development manager and has associated business stationary clearly indicating his role. His profile at Mudkey is prominent in the media with advertisements and promotional brochures indicating his role as a leading business development executive representing Mudkey.

Mudkey becomes aware of a new speculative business opportunity and asks Kevin to investigate the opportunity and to report to the Mudkey Board of Directors. Always confident of closing new business opportunities, Kevin immediately places a business service order with Anthony. The order is comprised of $200,000 for information technology services and $100,000 for legal services in anticipation of this business opportunity. However, the new business opportunity fails to materialize. Anthony sends an invoice to Mudkey amounting to $300,000 for the services.

Mudkey refuses to pay on the basis that Kevin has exceeded his authority. However, after receiving a legal letter of demand and through fear of legal action from Anthony, Mudkey acquiesce and make payment. Consider the legal issues arising in agency from this scenario. In your response, you must consistently refer to relevant Australian agency law, particularly appropriate case law. (20 marks)

QUESTION 2: This question is separate from the question above. Discuss the way that the scope of agency authority changes based on how agency is created. In your response, you should discuss how the authority in agency differs when created through actual authority, implied actual authority and apparent authority. You must refer to relevant Australian law in your response, particularly appropriate case law. (15 marks) Business Law Assignment: I need help writing a research paper.

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