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There are two types of vinyl film: cast vinyl film and calendared vinyl film. Cast vinyl film is considered by the industry to be a premium product with excellent durability and conformability (le ability to stretch over surfaces with corrugations or curves). It is used when the customer wants a paint-like finish that will last a long time, usually five to seven years.
Calendared vinyl film is a cheaper roduct, but is also less durable (usually one to five yearsb less conformable and thicker than cast vinyl film, and is suitable for short term signage, such as point of sale displays. Blackboard Pty Ltd (Blackboard) is one of a small number of suppliers in Australia of vinyl film. In June 2012, Blackboard entered into a contract with PostersPLUS PtyLtd (PostersPLUS) to supply PostersPLUS with cast vinyl film over a 12 month period. Between November 2012 and September 2013, Blackboard supplied PostersPLUS with film to the value of the $200,000 pursuant to the contract.
PostersPLUS used the cast vinyl film to manufacture labels for bulk shipping containers by screen printing words, numbers or symbols on to the film and cutting it to size. The labels were then attached to the containers by reason of the self- adhesive character of the vinyl, PostersPLUS sold more than 90% of the labels made during this period to SEASTORM Containers Ltd, who in turn leased the containers with the labels on them to shipping companies. Blackboard was aware of the use to which PostersPLUS intended to put the cast vinyl film at the time the supply contract was entered into.
The contract contained the following clause: Blackboard gives no warranty that the goods are fit for any particular purpose. In early 2014, PostersPLUS became aware ofa problem with the labels. SEASTORM Containers complained that the labels on the containers were fading and becoming illegible. Investigation revealed that the film was degrading because an insufficient amount of ultraviolet stabilizer had been added to it during the production process. It Is now February 2014. SEASTORM Containers has made only one claim against PostersPLUS in respect of 100 containers.
PostersPLUS provided new labels worth 10,000 for these containers at its own expense. PostersPLUS still has $20,000 worth of the film supplied by Blackboard which is unused and defective. Advise Blackboard In relation to the following: (a) Is Blackboard in breach of Its contract with PostersPLUS? (b) If so, how will PostersPLUS’s damages be assessed? General Instructions use the PIRAC analysis to address the legal Issues raised In this problem. Please support your arguments with relevant materials including legislation and case law. Legal Citation (AGLC), available online from Melbourne University. Use footnotes to cite your sources.
A bibliography is not required when using the AGLC. See Melbourne University, http://www. law. unimelb. edu. au/mulr/aglc. Word Limit 1000+1- 10% not including footnotes The Assignment is individual. Due Date: Wednesday 2 April 2014 by 11. 59 pm. Marks Available: 25/100 The assignments comprise a substantial part of your assessment in ADBC103 Business Law. They require a significant degree of research. In this regard the following should be kept in mind: (a) The research must be your own. While the academics involved are free to comment on matters of assignment structure, they will not give you advice on content.
How you answer the assignment is for you to determine. This means that presenting ‘draft’ answers for consideration is not acceptable; nor are requests for advice on whether you are ‘on the right track. (b) BHI has strict rules on collusion and plagiarism. These rules must be observed. (c) Your research may take you beyond your prescribed textbook(s). There are many other books and websites that may provide assistance. (d) IMPORTANT NOTICE: The assignment may contain aspects of topics not yet reached in lectures. This means that if a part is unfamiliar to you, you should look at the lecture program found in the
Unit outline to see the topics yet to be reached and try and identify the appropriate area. The use of the index in the many textbooks that are available will also assist in this regard. Remember: the assignment requires research on your behalf, and research includes finding out about areas which are new to you. (f) Where calculations are appropriate, they should be made. Submission date and time The assignment should be submitted in electronic form and by hard copy (see below) no later than the date and times indicated below: Assignment 1 – Due Wednesday 2 April 2014 by 11. 59 pm
Applications for extension of time All applications for an extension of the time for submission of the assignment must be made in writing to the Head of Commerce. Approval, if granted, will be in writing and will be recorded on the Centre’s Assignment cover sheet accompanying the assessment task by the responsible lecturer/tutor. Penalties for late lodgement Late submission without an approved extension attracts a penalty of 10% of the total mark for the assignment for each day late. In the interests of equity between all students, this penalty will be strictly enforced. For these purposes, Saturdays and
Sundays are counted as normal days – this means, for example, that if the assignment is due on a Friday, handing it in on the following Monday is regarded as being 3 days late. Furthermore, assignments submitted on a Saturday or Sunday will Submission mode The assignment is to be submitted in electronic form AND in hard copy. The time it is submitted in electronic form will be taken to be the date of submission. Further, the electronic version will be deemed to be the final content of the assignment. The assignment must be submitted with a properly executed cover sheet attached.
NO ssignment will be accepted or marked if it is not accompanied by a signed Centre cover sheet. Assessment Cover Sheets Work submitted for assessment must be accompanied by a completed copy of the Assessment cover sheet which has been electronically signed by the student Return of Marked Assignments The assignment will be returned approximately 2 weeks after the date of submission. The Unit co-ordinator will advise on how the hard copy will be returned. Retaining a copy You MUST retain a copy of your assignments until after results are finalised. Available marks Mark granted Identify relevant legal issues
Discuss if a contract was entered into Discuss if a contract for the sale of goods Discuss if there was a breach of contract Discuss how the damages will be assessed 4/25 What is the relevant law applicable to each issue? Is there a contract? Discuss the elements Contract for sale of goods? Identify relevant law, implied conditions and warranties, exclusion clauses. If a breach, identify it and note what remedies can be claimed under the relevant law