CLW 1000 Commercial Law Assignment
Length: 1500 words
Note the following when answering the assignment question
1. This assignment accounts for 15% of your assessment.
2. Use the IRAC method
– A good answer will identify the issue/s in question, state the relevant law clearly, apply the law to the facts in the question and argue well using relevant cases.
3. It is your responsibility to be familiar with Kaplans policy on
Plagiarism
Referencing acknowledging source of research materials
Student misconduct
Turnitin – similarity
QUESTION (25 MARKS)
Hamid is a refugee from Afghanistan who was recently released from the detention centre in PNG and is currently living in Adelaide. While walking in Rundle Mall one day he was approached by Kathy who was selling internet access contracts for a newly formed internet company Speed Connect Pty Ltd. Hamid speaks very little English and Kathy is aware of this. Kathy explains the terms of the contract which is essentially that Hamid would be bound to a 2 year contract and if he breaks the contract anytime before the 2 years he will incur a $1,200 penalty. The contract comes with a free Samsung tablet. Kathy uses some technical language to explain the
termstoHamid,awarethathedoesntunderstandthefullextendofthecontractterms.
There is a telephone translation service available but Kathy choses not to use this as this translation service usually takes twice as long. Kathy works on a commission basis. The more contracts she sells the more she earns. She wants to sign up this contract quickly as she is keen to sign up three more contract before close of business.
Hamid has been thinking of getting internet connection as he wishes to Skype his family back home in Afghanistan and also to do a free on-line English course. He is under the impression that he can terminate this contract anytime he wants without any penalty and all he has to do is give Speed Connect one months notice and return the tablet.
Three months into the contract Hamid finds that he is unable to cope with the financial demands of this contract as there are many hidden costs which he was unaware. When he contacted Speed Connect to give his termination notice he was shocked to learn that there is a $1500 penalty.
Advise Hamid if this contract with Speed Connect is valid? Can he get out of this contract?
Use the IRAC (Issue, Rule, Application & Conclusion) method to answer your question.
Also read:
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