Law essay and case study

 

Question 1 (Learning Outcome One)
New Zealand Constitutional Framework – short essay
Instructions: Describe two current sources of lawmaking in New Zealand and give an example of how each operates.

 Note: A word count must be included. Maximum word length is 500 words. Marks will be deducted for going over the word limit or not including a word

count.
You must use your own words and cite references in APA style.

The following are useful resources to start your research for Question 1, but you will need to extend your reading beyond these:

• Miller,L. (2014). Understanding Commercial Law (8th ed.). Wellington: LexisNexis (Text book)
There are a number of books in the Course Reserve collection in the library under your course co-ordinator’s name and the course name and number. These

books are available for two hours and possible extension if not requested by another student.
At least another three sources of information indicating that each has undertaken some independent research.

Question 2 (Learning Outcome Two)
Treaty of Waitangi – short essay
Instructions: Describe how the Treaty of Waitangi came about and give an example of its inclusion into New Zealand statute.
 Note: A word count must be included. Maximum word length is 500 words. Marks will be deducted for going over the word limit or not including a word

count.
Useful resources for general information on the Treaty of Waitangi/Tiriti O Waitangi to start your research for Question 2, but you will need to go beyond

these:

• Miller, L. (2014) Understanding Commercial Law (8th ed.). Wellington: LexisNexis

There are a number of books in the Course Reserve collection in the library under your course co-ordinator’s name and the course name and number. These

books are available for two hours and possible extension if not requested by another student.

 

At least another three sources of information indicating that each has undertaken some independent research.
Question 3 (Learning Outcome Two)
Negligence – application question (ILAC)
Note: A word count must be included. Maximum word length is 600-650 words.
Scenario
Tradex New Zealand Ltd (TNZ) wishes to purchase shares in Crane & Co (CC). TNZ entered into a sale and purchase agreement for 20 shares in CC on 15 January

2017. The sale and purchase agreement is subject to a condition that TNZ has 14 days upon receipt of CC’s record of accounts, for TNZ to indicate whether

it is satisfied with CC’s accounts. The sale and purchase agreement further provides that in the event TNZ is satisfied with CC’s accounts, TNZ is to give

CC notice of satisfaction of the condition in writing, so the sale will proceed, and in the event that TNZ does not communicate with CC within the

stipulated timeframe or indicates it is not satisfied with CC’s accounts, the sale and purchase agreement will come to an end and neither party will have

any further claims against the other.

TNZ engaged Premier Consulting & Accounting (PCA) on 15 January 2017 and provided PCA with a copy of its sale and purchase agreement with CC on the same

day. TNZ later received a complete copy of CC’s records on 17 January 2017 and promptly provided this to PCA on the same day.

PCA reviewed CC’s account records and confirmed to TNZ on 28 January 2017 that CC has delivered strong profits for the past 5 years with an audited net

surplus of $12.9 million for the recent year ended 30 June 2016. PCA further confirmed CC’s accounts receivables is expanding and growing.

Relying on PCA’s statements, TNZ advised CC on 31 January 2017 that the condition has been satisfied and preceded with the purchase.

Six months later, CC went into liquidation with losses of $9 million. Upon subsequent examination of CC’s accounts, it was apparent that the company had

been in financial trouble since late 2013 and the position had worsened since.

TNZ now seeks to recover their investment from CC.
Instructions:
Advise TNZ whether they are likely to succeed in a claim against CC. Cite relevant case law in your in your answer.
ILAC style.
Issue: Indicate the current case issue
Law: apply at list two previous case studies
Application: apply to current case study
Conclusion: finalize the decisions.

 

 

Question 4 (Learning Outcome Three)
Contract – short answers

Scenario
After graduating with a diploma, Joseph began working at his local café. After a few years of work at the local café, Joseph got to know the ins and outs

of day-to-day running and operation. Together with some savings from over the years, Joseph asked his father for a loan of $50,000 so that he could open

his own café. Joseph’s father agreed, subject to them recording the agreement for repayment of the $50,000 upon demand in writing, to avoid any unnecessary

family dispute in the future. Joseph agreed and the two recorded their agreement in writing.

Joseph then searched for a paper towels supplier online. As it was his first time doing business on his own, Joseph was extremely cautious and did not want

to get himself into trouble. Joseph made a few phone calls and compared prices between a few different suppliers. In the end, only Andrew (a paper towel

supplier) agreed to supply paper towels subject to a clause in their agreement confirming that “this is not a legal document and shall not be enforceable

in the Courts”.

Joseph’s business started off making a modest profit, but took a down turn when the seasons changed. Despite Joseph’s previous experience working at his

local café, he had miscalculated the amount of expected revenue and did not have enough funds to carry the business through winter. Joseph told his father

and Andrew that he had to close the café business and intended to go back into employment at his local café. Andrew has a running account with Joseph

issued on a monthly basis, and at that stage was owed for the past 3 months. Joseph’s father and Andrew are both concerned with.

 

Instructions:

1. Advise Joseph whether his father will be successful in an action against him.
Word length is 20-30

2. Advise Joseph whether Andrew will be successful in an action against him.
Word length is 20-30

 

WE ACCEPT