BUSL250 take home exam (1 Viewer)

[boinkBOINK]

i cant find alot of the information for question1
any help?

 

[Skittled]

Anyone else having troubles keeping to the word limit? I have this odd feeling that we're the first year to have to do this, and they just set wordlimits considering how many answers they've gotta read, without whether the questions they asked could reasonably be fit inside it...

I wonder what the man on the omnibus would say...

i cant find alot of the information for question1
any help?

Not going to give you my answers, but here're my footnotes: (new line = new footnote)

Part 1:
A. Gibson & D. Fraser, ‘Business Law’, 2nd Ed, Pearson-Prentice Hall, 2005, p. 663
Ibid, p.663

Part 2:
Haskell v. Marlow [1928] 2 kb 45
Ibid, p.667
Ibid, p.667
Ibid, p.667
Conway Data Inc., ‘Quiet Enjoyment’, (1995), http://www.sitenet.com/toolkit/lease/database/l07.htm, viewed 8 April, 2005

Part 3:
A. Gibson & D. Fraser, ‘Business Law’, 2nd Ed, Pearson-Prentice Hall, 2005, p. 66
Residential Tenancies Act 1987 (NSW)
A. Gibson & D. Fraser, ‘Business Law’, 2nd Ed, Pearson-Prentice Hall, 2005, p.668
Ibid, p. 668
Ibid, p. 668
A. Gibson & D. Fraser, ‘Business Law’, 2nd Ed, Pearson-Prentice Hall, 2005, p.669

Part 4:
Ibid p.669-671

Part 5:
Ibid, p.693
Ibid, p.690
Trade Practices Act 1975 (Cth)
A. Gibson & D. Fraser, ‘Business Law’, 2nd Ed, Pearson-Prentice Hall, 2005, p.694

 

[boinkBOINK]

ahh so prepared u are steve
on the foreclosures and power of sale
all i coudl find were like "definitions"?

been scouring the net for information and came up with nudda

 

[Orange Juice]

the textbook doesnt say too much about q1 on the property...
and for the 3rd question... are the accountants in any way able to figure out if there are any new stores open? cuz i recall hearing something along these lines in the lecture or something...

and whats the site that i should be using to find trade practices?

 

[Skittled]

on the foreclosures and power of sale
all i coudl find were like "definitions"?

What (or more specifically, where) were teh definitions you could find? Must admit I didn't look very hard, because I remember her telling us a lot of the stuff, if not all, will be in the text. Therefore I assumed the text would be sufficient...

But then, as OJ says...

the textbook doesnt say too much about q1 on the property...

....I must admit looking back, though, it all looks rather BSie. Being good in HSC english has it's bad sides! Where were those defs you found, boink? (and what's your name?? )

...and whats the site that i should be using to find trade practices?

Austlii.edu.au

 

[boinkBOINK]

david is te name

well on page 663 it has a paragraph on foreclosure and power of sale.
but then again it doesnt explain much into it regarding rules etc. its abit wishy washy.

im with OJ on the textbook not having much for q1

edit -
btw whats 1.4 asking us to do?
i dont quite get it

ALSO for q1.2 did u just include quiet enjoyment, fit for habitation, take proper care
OR did u add everything on 670 as well? including payment of rent, not to make renovations, not to create a nuisance, not to use illegally, avoid damaging, security, righ tof entry, rental increases
etc?

 

[choco]

do we have to compare passing off, infringement of trade marks and breach in terms of what constitutes it? also isn't section 52 pretty large?

 

[Skittled]

well on page 663 it has a paragraph on foreclosure and power of sale.
but then again it doesnt explain much into it regarding rules etc. its abit wishy washy.

very true. Don't know what to do about that, though... more research? what were those definitions you found?

btw whats 1.4 asking us to do?
i dont quite get it

I just very quickly (~120 words) went through the stuff under the title 'residential tenancies legislation', p. 669-671. It's hard to condence 3 pages down to 100 words, so it's very, very general, but I don't know how much more they can expect. It's a broad question, so you've gotta give a broad answer, ESPECIALLY considering the wordlimit.

ALSO for q1.2 did u just include quiet enjoyment, fit for habitation, take proper care
OR did u add everything on 670 as well? including payment of rent, not to make renovations, not to create a nuisance, not to use illegally, avoid damaging, security, righ tof entry, rental increases

I only did the first three, and I'm considering adding in those other ones. However, there's a definition between a covenant and a condition: "a covenant is a clause in an agreement"(top of p.663), and a contract, such as a lease or whatever, is a legally binding agreement. From there, take a look under Forfeiture, p. 668: "...payment of rent is to be considered a condition rather than a mere covenant...". So, The need for a tenant to pay rent was a condition, rather than a clause. So, going back to the question, we're not interested in conditions (ie paying rent, which is in the same list as no renovations etc), only clauses. ...yeah? ...any thoughts?

Edit @ 5:53: Wrong. Those three on p 668 are just implied... So the ones on 670 are the usual express ones?

do we have to compare passing off, infringement of trade marks and breach in terms of what constitutes it?

how do you mean 'what constitutes it?'? as in, what causes it? I discussed the differences.. for all I can see from G&F, trademarks are the same as what would be passed off, except they're registered. However, passing off has a REQUIRED goodwill component. So, passing off only occurs if there's a detrimental affect to goodwill, AND the mark isn't registered. If it's registered, regardless of goodwill effects, an actino can be made.. That's basically all I said.

also isn't section 52 pretty large?

Whole of s52.

 

[boinkBOINK]

i just got totally lost in ur post just then steve
it all went overmy head
there was so much to comprehend
so hard to write everything you have to in the word limit given
even though i dunno what im to write as of yet

 

[choco]

can you use bullet points for parts of question 1?
like listing duties?

 

[Orange Juice]

thats a good point choco (are you one? ) i think it would be reasonable to i mean... sure it says to write in a paragraph but i mean its still a report format thingy majiggy...

 

[Orange Juice]

fuck im so screwed... this looked easy first hand but fuck me its hard... our book is soooo shit its not funny

 

[choco]

(are you one? ).

huh?

anyway someone help me with footnotes??!!!!!!!
i can do the footnoting exercise cos it said article ...blah blah blah...
but like for this do you footnote everything? like if you got a definition for negotiation from book do you footnote it ? or like if you got a list of duties from book do you ref that too?...won't you referencing like every paragraph then...

 

[Skittled]

can you use bullet points for parts of question 1?
like listing duties?

I did. There's no other way to fit it in with the word limit, in my opinion. They so didn't consider that.

fuck im so screwed... this looked easy first hand but fuck me its hard... our book is soooo shit its not funny

The book SUCKS. I've got gillies... its good, but it's hard, too, because he doesn't label the main stuff, like tests for duty, etc... it's all in there, but it's hard to find... not good.

but like for this do you footnote everything? like if you got a definition for negotiation from book do you footnote it ? or like if you got a list of duties from book do you ref that too?...won't you referencing like every paragraph then...

I don't know if this is like psych (footnote everything), but my girl suggests with law you don't relly need to. In the last question, I'm footnoting cases, legislation (the CLA) and my books for the elements/steps carried out (ie the tests for duty).

For the first two, I'm footnoting like psych; any information I get, I footnote. Definitions, concepts, arguments, etc. All footnoted. Better safe than sorry and losing marks for not doing something you were considering doing...

 

[Orange Juice]

man this book is so confusing...
im trying to find cases... is there a site which has like summary of cases instead of reading the whole thing?

 

[boinkBOINK]

yea im with ya there OJ
lol
upon first glance last night i was like this looks piss easy
could finish it in a night probably
but then when actually doin it
u find the books abit wishy washy nd pretty crap at explaining things
and its all downhill from there

wouldnt there be atleast like 10 footnotes per question then steve?

 

[Orange Juice]

ALSO for q1.2 did u just include quiet enjoyment, fit for habitation, take proper care
OR did u add everything on 670 as well? including payment of rent, not to make renovations, not to create a nuisance, not to use illegally, avoid damaging, security, righ tof entry, rental increases
etc?

did you put quiet enjoy or possession? cuz in the book it says possession which i believe is different...

 

[Orange Juice]

hahah boinky... im still in square one man...
im gonna get a torts book from a friend tommorow... but she dont be having no property one... so might have to make all that shit up...
and q1 you shouldnt have any footnotes i dont think...

 

[Skittled]

wouldnt there be atleast like 10 footnotes per question then steve?

uhhuh, david. :uhhuh:
I've got 19 for Question 1

and q1 you shouldnt have any footnotes i dont think...

Interestingly it says for Q2 you've gotta provide footnotes, but not for Q1. But then, Q3 doesn't sya you've gotta provide footnotes, either, and I know you have to for that question

 

[boinkBOINK]

maybe its a trick! LOL
i duno
i havent put any footnotes down yet
although theres heaps of places i should
maybe too many places though

for q 1.4
did u have to include te "tenancy documents, common requirements imposed on the landlord, the duties of the tenant and how it can be terminanted?"