Commercial
Law (BULAW1503) Assignment Semester 2, 2015
Due: Friday Week 8 at 5 pm – MUST BE
SUBMITTED ON MOODLE Weighting: 35%
The
purpose of the assignment is for you to undertake independent research into a
particular aspect of law, to reflect on and consider particular legal issues
and to apply your legal skills. It is
important for you to think through how to structure and present arguments, and
to discuss what the law is or should be in a particular area. This assessment
task also gives you the opportunity to put the skills you have learned in
tutorials into practice. The length of the assignment is to be 2000 words. Please provide a word count
with the assignment. Do not include the references or bibliography in the word
count. We recommend that you carefully
read this information, making sure that when you write your assignment you answer
the questions asked and address the criteria outlined in your course
description. Most marks are given
for analysis; very few marks are given for the mere stating of information.
The greatest emphasis from this
criterion in this assessment task is on the application of knowledge and the
arguments presented to justify your position. Note the presentation
requirements and the warning about plagiarism elsewhere the Course Description.
Topic:Complete both
questions in this assignment. The first question requires you
to read and analyse and respond to the question asked. The second question requires you to read,
research and write an appropriate response to the question asked.
Evan has a current comprehensive building insurance
policy on his classic Victorian cottage located in Ballarat, Victoria. At the time of application, the insurer “INTOINSURE”
asked numerous questions regarding the building integrity including specific questions
about the construction of the building roof and walls among others.
In response to these questions, in part due
to his misunderstanding and also partly due to his impatience Evan responded
that the building had no structural issues but left a series of questions on
wall and roof construction incomplete. On the basis of the responses, the
insurer followed up with Evan.
Evan had recently undertaken substantial renovations.
When queried by an INTOINSURE employee, he
verbally described those renovations and added that the work was completed by
qualified tradespersons. On that basis the insurer accepted Evan’s application and
forwarded all documents to Evan. At that point, Evan does not mention the
complaints he has made to the relevant Building Services Authority about the
tradespersons due to their unsafe and questionable workmanship.
Two months after obtaining the policy of
insurance a storm destroys the house. Following the loss, the insurer conducts
an investigation that reveals the building destruction is caused, in part by
the storm but also by weakness in the structural integrity of the cottage
related to the poor quality of the renovations.
Required:
- In relation to the above
topic, identify all of the relevant issues in insurance law and in your
discussion consider whether Evan will able to rely upon his comprehensive building
insurance policy for full indemnity. (20 marks)
2.
Treat this question as separate
from the above and answer this question as a research essay question. Explain
how ‘misrepresentation’ can be a justification for an insurer to negate the claim
of an insured. (15 marks)
(Total marks 30)
END ASSIGNMENT
QUESTIONS
