Policy justification for protecting consumers in relation to unfair terms in standard form contracts.

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Question 1

  1. Riff and Raff enterer into partnership agreement. However, the activity that they intend to undertake as the partnership business is illegal at common law and under commonwealth taxation legislation.

Required: Explain the implications of the illegal purpose. (250 word)

  1. Required: Explain the rights of a trustee to be paid from the trust for work done or expenses incurred. (250 words).

Question 2 (500 words)

Dean is a bartender at the weekender bar don at the beach. During one of his shifts he steps in to stop a fight between two patrons. He grabs hold of Craig’s arm and pulls at up behind Craig’s back. He then walks with Craig to the door and pushes Craig out of the door where Craig falls to the ground.

Craig says that he has suffered physical injuries to his arm and head as a result of the rough treatment by Dean. Craig also claims that he has been diagnosed with a psychiatric illness and has been unable to work since the altercation.

Question 3

  1. Explain the Policy justification for protecting consumers in relation to unfair terms in standard form contracts. (200 Words)
  2. Explain how the legal provision on unfair terms works. (200 words)
  3. Would unfair terms apply to a non-refund clause in a travel insurance policy? (100 words)

Question 4 (500 Words)

Required: Explain the differences between copyright, trademarks, patents and designs.

In your answer, identify how each of these different types of intellectual property are regulated.

Question 5 (500 Words)

Sahana is the trustee of Gina’s bankrupt estate.

Gina owns a boutique business which operates from rented premises in a local shopping center. The business itself is successful. The petitioner’s debt is not business-related.

Gina is a qualified engineer and if she were to give up the shop. She could earn at least & 130,000 p.a. as an employee. Gina is single and has no dependents.

Gina owns an apartment worth $500,000 which is secured to Town Bank. The outstanding mortgage is $330,000.

The petitioner’s debt is $80,000. Additional unsecured debt for the business is approximately $30.000. Gina has a personal credit card debt of $10,000.

Gina leases a car. She owns furniture, clothes, jewellery, a musical instrument, and other personal effects. Gina also has $200,000 in a superannuation fund.

Unfair preferences were paid to six (6) creditors prior to the presentation of the creditor’s petition which totaled $4300.

(Any 5 references)