EarlPowerStingray18
One thousand two hundred words Summary: There needs to be a…
One thousand two hundred words
Summary: There needs to be a summary of the major points, conclusions, and recommendations.
It needs to be short as it is a general overview of the report. Some people will read the summary
and only skim the report, so make sure you include all the relevant information.
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Introduction: The first page of the report needs to have an introduction. You will explain the
problem and show the reader why the report is being made. You need to give a definition of terms
if you did not include these in the title section and explain how the details of the report are
arranged.
?
Body: This is the main section of the report and contains your analysis. There needs to be several
sections, with each having a subtitle. This is where you use IRAC
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Main Conclusion: This is where everything comes together. Keep this section free of jargon as
most people will read the Summary and Conclusion.
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Recommendations: This is what needs to be done. In plain English, explain your
recommendations, putting them in order of priority.
?
Bibliography: here you put all acts and case law you have referred to in your report. You should
also list any journal articles; government reports you have referenced and any other sources.
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Background
You are a graduate working for No Escape Rooms Pty Ltd (‘No Escape Rooms’) where you are a business consultant. No Escape Rooms is an Australian company that provides experiences in the form of rooms where participants are confined to a room that they must try to escape by discovering hidden clues and solving a series of riddles or puzzles. No Escape Rooms operate out of two (2) different locations in Melbourne, Victoria.
In your interview for the graduate position, you highlighted your knowledge of business law that you acquired through your business degree that you undertook at RMIT University. No Escape Rooms is a small company and is trying to save costs by not engaging a lawyer until it cannot be avoided. No Escape Rooms would therefore very much like to benefit from your legal knowledge of business law before engaging a lawyer.
PART ONE
Please read the instructions from your team manager, delivered in memorandum format (see page 3), along with other relevant materials attached to this brief.
Task
You are required to address your team manager’s questions in the form of a report addressing all legal issues arising from the materials provided.
Referencing
You should refer to primary sources of law – case law and legislation – to support your analysis. Please only refer to Australian law.
You should not need to reference any secondary sources (such as the textbook and articles) but if you use secondary sources to answer the questions, you must acknowledge them in compliance with the Australian Guide to Legal Citation (4th ed).
Memorandum
From
Etta Jamerson
Head of Business Operations of No Escape Rooms
Date
Tuesday 4 Sep 2023
To
Graduate
Dear Graduate,
Potential Civil Action: Incident at Escape Room locations
We have had several incidents at one of our Escape rooms located in Melbourne at 1000 Mission Street in Brunswick.
I am away on leave next week. In my absence, please review the enclosed materials and draft a report containing your critical legal analysis in response to the following questions:
Which legal issues under civil law do the following materials present to our business and employees?
If we (including employees), or the opposing side, commence legal proceedings, are we/ they likely to get access to remedies?
Might we (including employees) and/ or the other side be able to rely on any defences?
Please provide legal reasoning to substantiate your answers, refer to case law and/ or legislation
We will use your advice to help us to decide whether to engage a solicitor or not.
I need this back no later than Thursday 7 September 2023, so that I have enough time to engage a lawyer if needed.
If you have any questions or need further information to provide this analysis, please simply include this in your report – I will not be available to answer these while I am away.
If any other relevant information comes through while I’m away, I’ll forward it to you.
Thanks in advance.
Regards,
Etta Jamerson
Head of Business Operations
No Escape Rooms Melbourne Pty Ltd
From: Mila Harris
Sent: 17 November 2022 10:03 AM
To: Emanuel Roberto
Subject: enquiry about construction
Dear Emanuel
I hope this finds you well. I am one of the neighbours of your escape room that is currently under renovation at 1000 Mission Street, Brunswick.
We were talking about this the other day. You said you would check and get back to me, but you may have forgotten. I am wondering for how long the renovation of your store will take???
As I mentioned the other day, the big crane renovating your roof and erecting your new store sign is causing me a severe headache and it is awful to look at. It has been weeks now and the crane does not seem to be finishing up anytime soon. Is it possible that the renovating could occur only from 10 am-1 pm on weekdays only until the work is finished? At the moment they don’t seem to finish for the day until 5.30 pm. I have to pick up my kids at 1 pm from child care and they need to nap when they come home, or they will be intolerable for the rest of the day. With the crane operating after 1pm, this is impossible and it is so stressful for me as a single parent.
I am also concerned about your new store sign. It seems to protrude into the next door building where I reside and it simply too large.
If you could kindly let me know as a matter of urgency, this would be much appreciated.
Kind regards,
Mila
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From: Emanuel Roberto
Sent: 17 November 2022 12:30 PM
To: Mila Harris
Subject: RE: enquiry about construction
Dear Mila,
I cannot tell you how long the construction will last. There have been delays due to shortage of materials. Can’t you just get the children’s dad to pick up the kids or sign up for additional childcare?
I am really stressed myself with all the delays and your email is only increasing my stress.
Regards,
Emanuel
Emanuel Roberto, Manager
No Escape Rooms
@ 1000 Mission Street, Brunswick.
Pleaseconsider the environment before printing this email.
From: Mila Harris
Sent: 17 November 2022 6:00 PM
To: Emanuel Roberto
Subject: RE: enquiry about construction
That was possibly the rudest email I have ever received. I am a single mum, and the dad is not in the picture. Thanks a lot for reminding me. I CAN’T AFFORD ADDITIONAL CHILDCARE!!!!
I will make a formal complaint to the council if you don’t give me a date for when the construction will be completed and do something about the annoying trucks and the sign.
Mila
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From: Mila Harris
Sent: 17 November 2022 10:03 PM
To: Emanuel Roberto
Subject: RE: enquiry about construction
Why are you not giving me the date and a solution like I have asked for?
Mila
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From: Mila Harris
Sent: 19 November 2022 09:17 AM
To: Emanuel Roberto
Subject: RE: enquiry about construction
I have called the council.
Mila
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From: Mila Harris
Sent: 19 November 2022 09:45 AM
To: Emanuel Roberto
Subject: RE: enquiry about construction
You are now under investigation by the council!
Mila
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From: Mila Harris
Sent: 19 November 2022 11:06 AM
To: Emanuel Roberto
Subject: RE: enquiry about construction
You better pick up the phone when they call you.
Mila
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From: Mila Harris
Sent: 19 November 2022 11:17 AM
To: Emanuel Roberto
Subject: RE: enquiry about construction
I have tried to ring you several times. Why don’t you pick up. I will keep calling you until you answer so you better pick up.
Mila
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From: Emanuel Roberto
Sent: 20 July 2023 9:12 AM
To: Etta J
Subject: FW: possible legal issue
Dear Etta,
Hope you are having a great morning. I am sorry to add this to your day, but I think we might have an issue with one of our neighbors, Mila, as you can see from the emails exchange above. Do you think we should engage a lawyer?
On a different note, and in terms of the renovation of the store and the delivery of building materials. More specifically, the store’s lighting fixtures. Remember how M Daniel Turner sent us an email detailing his offer to supply the light fixtures for the store renovation. There has been a lot of back and forth in terms of the fixtures in question and I think we may have run into a bit of an issue.
Noting that all emails I sent, where approval by yourself through phone conversations.
I have been unable to find another tradie to provide and install the light fixtures, hence, is there any way we can hold up Daniel to the agreement?
Can you let me know what you think and what should be done about these two issues?
Regards,
Emanuel
Emanuel Roberto, Manager
No Escape Rooms
@ 1000 Mission Street, Brunswick.
Pleaseconsider the environment before printing this email.
From: D Turner
Sent: 1 Oct 2022 11:20 AM
To: Emanuel Roberto
Subject: light fixtures
Hi No Escape Rooms,
I heard through the grape wine that you are seeking to renovate your store and need light fixtures which also need to be installed at your store at Mission Street. I heard you need about 10 light fixtures: full Spectrum 20 Bulbs in 600 Lumens
I can supply the required light fixtures and for the price of AUD 3,000, installation will be AUD 2,000 so total is AUD 5,000.
I am a bit busy atm, so you’ll need to let me know very if you want me to do the job for you.
Best,
Daniel
Director, Turner Lights on Pty Ltd
From: Emanuel Roberto &..r@noescape.com.au>
Sent: 10 October 2022 10:30 AM
To: D Turner &..n@yahoo.com>
Subject: RE light fixtures
Dear Daniel,
I only just read your email and I have to consult with the head of business operations who is authorised to enter into agreements relating to the renovations.
Could you possibly keep the offer open until 15 October?
Emanuel Roberto, Manager
No Escape Rooms
@ 1000 Mission Street, Brunswick.
Pleaseconsider the environment before printing this email.
From: D Turner
Sent: 10 Oct 2022 10:42 AM
To: Emanuel Roberto
Subject: light fixtures
Hi Emanuel, sure, no problem I will keep the offer open until 15 October at 5pm
Best,
Daniel
Director, Turner Lights on Pty Ltd
From: Emanuel Roberto
Sent: 14 October 2022 1:33 PM
To: D Turner
Subject: RE light fixtures
Dear Daniel,
I have consulted with the head of business operations who is authorised to enter into deal relating to the renovations.
We are very excited about the prospect of enhancing the store’s ambiance and we would like to take you up on the offer. I confirm that we need 10 light fixtures: full Spectrum 20 Bulbs in 600 Lumens.
P.S. Would it be possible to pay by cheque?
Emanuel Roberto, Manager
No Escape Rooms
@ 1000 Mission Street, Brunswick.
Pleaseconsider the environment before printing this email.
File note 1 – Emanuel also printed a copy of this email and sent it to Mr Turner. The letter must have been lost in the mail though because Mr Turner claims never to have received it.
File note 2 – October 14, Emanuel’s email goes to Mr Turner’s spam folder and hence is not read by Mr Turner. As a result, Mr Turner does not read the email until 17 October
File note 3 – On 16 October and unaware of the technical issue, Mr. Turner receives an enticing contract from another client via phone and instantly commits to providing lighting fixtures for that project. This means that Mr Turner is unable to do the contract for No Escape Rooms. He therefore sends the email below to No Escape rooms on 17 October.
From: D Turner
Sent: 17 Oct 2022 01:33 PM
To: Emanuel Roberto
Subject: light fixtures
Hi No Escape Rooms,
As you didn’t respond to me by the time I specified, I have made other commitments and I am no longer able to provide my services.
Best,
Daniel
Director, Turner Lights on Pty Ltd
