bfa506 2015 semester 1 workshop 6.ppt

Version: 2.0

© University of Tasmania All rights reserved. CRICOS Provider Code: 00586B

© 2006 University of Tasmania All rights reserved.

CRICOS Provider Code: 00586B

Business Business LawLaw

BFA506BFA506

Unit Coordinator: Monique Blackman

What is a letter ??A letter is a written message from one party to another containing information. Always a good idea as a letter guarantees the preservation of communication between both parties.Usual way of applying for a job for exampleProof of what was said.Has a format and generally it is posted out so needs to be folded into an envelope


Format of a Business letter

Australia Post have a good and basic website that is very helpful with the basics http://auspost.com.au/education/letterwriting/students/business-letters.html


BFA506 Assessment 2 – Letter of Advice


Assessment 2 Date due Percent

Word Count

Letter of Advice for a particular client or client group

13th May 2016 at

5pm.(But as

directed)

20% 2000 words(+ or

minus 20%)

How to submit your letterActually need it printed out and handed to me the week after the due date at the workshop.Needs a signed cover sheet and rubric otherwise I will not accept it.No late submission beyond this date will be accepted


Your person

Some of you will know who you are doing for all others come and see meI have misplaced the original list so have allocated new ones for those who don’t know and I will tell you who you have got today !!!!!!!


Writing a Legal letterhttp://unelss.org/wp-content/uploads/2015/04/How-to-write-a-letter-of-advice.pdfAddressed at law studentsJust a guide for you to give you some tips, show you more examples of formal lettersNot something you have to adhere to strictly !


http://unelss.org/wp-content/uploads/2015/04/How-to-write-a-letter-of-advice.pdf



Writing a legal letterConsider the reader and choose the format with the reader in mind. Choose a font size and type of the right size for ease of reading (e.g. Times New Roman or Calibri 11 pt) and use at least 1.5 line spacing.Adopt a structure that enables the reader to follow your argument with ease. Feel free to use of headings and sub‐headings to give structure to your letter.


Writing a legal letter

Formal modes of expression are to be preferred to informal modes.Contractions, abbreviations and slang should not be used in legal writing.Choose a style and tone that is appropriate for the occasion. Think about who you are writing to and avoid using technical terms and lawyer’s jargon when writing a letter to a client.


12

ClarityIn writing a legal text in plain language: think about the structure, think about the content of each

sentence and paragraph, think about the language used, think about the choice of words, and design the document to help the

reader.

12

Example letterWill hand this out now!Again just for illustrations purposes . You do not have to do it exactly like this and I would rather that you it out a bit differently if possible.


Facts of Assessment 2Riea is a life style blogger and journalist who wishes to install a swim spa in her backyard. She has done her research and finds that Spa Town in Hobart are offering a very good deal on the one she wants. She emails the business and asks them what is the lowest price they will offer to sell her a fully installed “ Hydrozone Extreme Avanté Spa” at her property in New Town , Tasmania.


Facts of Assessment 2

She received the following reply to her email :-

“We would be prepared to sell you a Hydrozone Extreme Avanté Spa which includes Hydroflow stainless steel jets Hydroglow jet and topside control lighting, Backlit drink holders, Perimeter and cabinet lighting, Purezone UV water purifier plus all installation costs to set it up at your address given in Newtown for $45,250”


Facts of Assessment 2Riea rings Spa Town and over the phone and informs the Manager, Trevor Nelson, that she would like to buy the spa at this price and it is agreed that the spa will be installed over a 3 day period starting on the 12th February and it was to be ready to use by the 15th February 2016. Riea tells the Manager that this date is important as she is holding a work function at her place on the 17th February 2016 and is hoping to impress her guests who are also her potential employers as they are all editors of life style magazines who she is hoping will offer her writing deals. Riea makes a note of this conversation in her diary.


Facts of Assessment 2The next day Riea goes into the office of Spa Town and signs the following document:Spa Town Ltd agree to supply and install one Hydrozone Extreme Avanté Spa at 2 New Town Road New Town in Tasmania for the price of $45,250………………………………… …………………………….Signature of Riea Peters Signature of Trevor Nelson dated 11th January 2016 Managing Director of Spa Town LtdFred and Barney are employees of Spa town and are given the job of installing the spa at Riea’s house. On the 12th February 2016 whilst loading the spa onto the work truck the box containing the Backlit drink holders is dropped by Fred and the drink holders were broken so they were left behind. On the way to driving to Riea’s house Barney was breathalysed by the Police and recorded a blood alcohol concentration reading of 0.07. The Police tell him a ticket will be issued and Fred drives the rest of the way.


The spa is safely delivered to Riesa’s house but cannot be installed as it has been found that the area that Riea wanted it to be located in is in fact right on top of a main sewage pipe and so the spa cannot be installed in this location. Fred and Barney reload the spa and take it back to Spa Town and unload it back into the show room. Fred knows he should unload it into the store room but that is a further 14km away and he is tired so decides to leave it in the show room instead thinking that it will be easier to collect from there in the morning . Riea is called by Trevor at 5pm on that day and it is agreed to place the spa in a different location. At 9am the next day the spa is sold by Peter to Bob. Peter is Spa Town’s top sales man and is in fact an agent of Spa Town who earns his money on Commission being paid only if he sells products. The spa is sold to Bob a builder who desperately is seeking this type of spa to complete a building job he is doing for a client. He pays for the spa and immediately removes it using his own truck at 9am that day.


Trevor did not know that Peter had sold the spa as Peter did not consult or inform Trevor about the sale as he assumed since the spa was back in the show room it was to be resold however he did notice Fred and Barney dropping it back into the show room the day before and knew they sometimes did this rather then return products to the store room. He was anxious however to secure the deal as his sales of late had not been that good. Trevor advises Fred and Barney to collect the spa from the show room at 10am on the next day and to take it back to Riea’s house as it is to be installed at a different part of the garden. They arrive at the show room and learn it has been already sold. Trevor can not source another one of these spa until the 21 February and the spa is successfully installed in the new location on this day by Fred and Barney.


Facts of Assessment 2Riea is very happy with the spa but had to hold the dinner party for her clients on the 17th January 2016 without the spa being present and feels this is the reason she failed to obtain any writing jobs from these 6 people as she was not able to impress them with her rich and luxurious lifestyle. She feels she has therefore missed out on income of around $5000 so has offered to pay Spa town only $39800 being the lost income plus the cost of obtaining the new back lift holders that she believed were part of the deal and were not installed. ($45250- $5000-$450). She believes that there was a definite terms in the agreement that the spa be installed on or before the 15th February 2016 and that it would come with backlit drink holders.


Trevor is not happy with this and feels that Riea is wrongly withholding his money. He feels that as the signed paperwork made no mention of the delivery date that there was no promise by his company to deliver before a certain date. He also feels that Riea has no right to seek the potential loss of the $5000 as this is not a reasonable loss. He also feels that Fred or Barney should be responsible for the loss of the $450 as it was dropped by one of them and he knows that Barney was caught drink driving on the way to Riea’s house. Trevor also feels he can argue that the drink holders were not included in the deal as Riea did not sign any paper work indicating that the deal included thee back lit drink holders .


Facts of Assessment 2Trevor also believes that if he has to lose the $5000 from the deal that this money should be deducted from Peter the salesman who wrongly sold the original spa when he had no authority to do so from Trevor and he should have known that Fred wrongly left it in the show room.

Peter feels that it is Fred’s mistake and that if anybody should pay the $5000 then it is Fred who negligently and against instructions left the spa in the show room.


People involvedYou all should been given one of these


1 Riea Peters

2 Trevor Nelson

3

Fred Swanson

4 Barney Bacharat

5 Peter Peppers

Assessment task 2

Issues for your person ?Have a look now !!you need to consider theseThey are different for each and depend on what your person wants advice on !


Assessment task 2 Where to start ??• The hardest part of this assessment task is finding out

and applying the relevant laws that you need to use to answer your persons questions

• You need to think about the rules/law that are relevant for your person only

• All the 5 people have different issues and hence there will be different rules that you need to think about/research

• At the end of my talk we will be working on finding some relevant laws for your person

BFA506

Just some and not all will be relevant to every person (could be others)

NegligenceRemedies for contract breach including Reasonable

damagesAustralian consumer lawAgency law including duties of an agent and duties owed to

the agent by the principalContract lawDuties owed to and by employees.Vicarious liabilityUnfair dismissal lawsROAD SAFETY (ALCOHOL AND DRUGS) ACT 1970

(TAS)


© 2012 University of Tasmania

Riea Peters

Riea wants to know :-1.Can Riea legally withhold the $5000?2.Can Riea legally withhold the $450 being the value of the backlit drink holders and not pay it to Trevor?3.What were the terms of the contract? The ones in the email and or the oral conversation or only the ones on the signed paper?


© 2013 University of Tasmania BFA506/BFA141

Trevor NelsonTrevor Nelson the Manager of Spa Town wants your advice about:-1. Is Riea able to withhold any of the money or can Spa Town claim the full $45250 owing under the contract?2. Can Trevor force Barney and Fred to refund him the cost of the backlit drink holders?3. Can Trevor make Peter pay back the $5000 loss caused when he sold the spa to Bob because he breached his agents’ duties or exceeded his authority?4. What were the actual terms of the contract between Spa Town and Riea ?

?

© 2015 University of Tasmania

Fred SwansonFred wants your advice about:-1. Does Fred have to pay for the broken backlit cup holders?2. Does Fred have to pay the $5000 that Peter is saying he has to pay because he left the spa in the showroom without telling Peter it was sold?


Barney Bacharat• Barney wants to know:-• 1 Does he have to pay for the broken

backlit cup holders?• 2. What penalty is he likely to receive

because of his drink driving whilst at work? You can assume it is his first time ever caught drink driving.

• 3. Can Trevor dismiss him because of this drink drive conviction and because he was clearly drink driving whilst at work?

© 2015 University of TasmaniaBBarney want to know:-

FA506

Peter PeppersPeter wants wants your advice about:-1. Does Peter have to pay the $5000 that Trevor is saying he has to pay?2. Peter wants to also know what duties he may owe to Trevor/Spa Town as a salesman.3. Also he has heard that he may not be able to rely on apparent authority and wants to know what that is and if his Commission from the sale could be sought back from Spa Town.


Your address for your letterYou need an address to send the letter to So think about the address of your person !!!!!!Look at my letter for guidance as to where to put the address but your person will have his/her own address If the facts do not make this clear then make an address up but think about it i.e. you know some parts of some of the addresses


Application and conclusionYou will then need to use the Rules you have identified to apply them to your persons set of facts and also bearing in mind what the legal issues are , apply the rules to the facts to come up with the answers you need to I am always happy to look at drafts but these need to be given to me prior to the 5th May


Application and conclusionThis will be up to you to do !Always the option of working together for help with this amongst yourselves But the letter of advice is an individual assessment and should be written by you Individually


Due date 13th MayThis is a FridaySo I will give you all a extra few days for this as I want it handed to me as a hard copy in the workshop when we meet up again at our workshops the following weekHard copy to be handed in (no extensions after this time will be given except with medical certificates !)


Assessment task 2 - RulesNext 30 - 45 minutes I want you to get together with into the 5 groups of people who are also doing your person/company and come up with some of the rules / laws that you think you will need to be using to use in the application so that you can answer your persons legal issuesWill be coming around and asking about what laws you have come up with and if any one wants to volunteer to tell us what rule/laws need to be looked at for your person then that would be great


bfa506 2015 semester 1 workshop 6.ppt

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