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You are working in a law firm as a summer clerk and the managing partner has asked you to provide her with advice on the problem set out below. This task is an exercise in communication skills and legal problem solving. The audience for this assessment is someone who is legally trained. However, the managing partner tells you that she does not normally work in the area of contract law, so you should not assume she has knowledge of the specific area.
To assist you in this task you should look at the sample answer I posted for the letter assignment. It may not be exactly in the format required for this assignment, for example, page length may differ, but it shows an approach to legal problem solving that may assist you
INSTRUCTION & CRITERIA
· The assignment is to be in Times New Roman default 12-point font, with 1.5 line spacing.
· Margins are to be at Word default.
· The assignment is to be a maximum of 5 pages long.
· Each page is to have type on one side only.
· You do not need to set the assignment out as a memo.
· You may use headings
· You are required to use the AGLC referencing method for this task, including pin-point referencing. You do not need to provide a bibliography.
‘Sunny Solar Products’ (SSP) is a company that makes and installs solar panels. The company sell a range of solar panels suited to residential and commercial properties.
Steve is a cabinet maker who wants to live a life ‘off the grid’. He contacts ‘Sunny Solar Products’ to find out about installing the panels for his house in Binningup in WA. Steve explains to the manager that whilst he knows a lot about woodwork, he doesn’t know much about solar panels. However, he knows he wants a system that will allow him to retrofit batteries when they become less expensive. The manager suggests a few options and before Steve makes his final choice he ‘double checks’ that the system is suitable to retrofit batteries. Steve tells the manager, “I don’t want to buy these panels and discover I can’t fit batteries.” The manager assures him, “You will have no regrets if you buy the system. Retrofitting will be easy.”
Steve immediately signs the ‘Sunny Solar Products’ standard contract which does not refer to suitability to retrofit batteries. The contract only contains space to include information such as name and address, number of panels, cost and installation details. The solar panels are installed and Steve pays for them. Steve discovers that the system is not suitable to retrofit batteries. He contacts Sunny Solar Products and is told the written contract did not mention anything about retrofitting batteries. The company tell him there is nothing he can do. Steve seeks advice from the law firm where you are working as a summer clerk.
Does Steve have any legal rights arising out of the statements that the Sunny Solar Products manager made to him?
You are asked to prepare some preliminary advice for the managing partner. She tells you not to worry about providing information on misrepresentation or misleading and deceptive conduct as she has asked another summer clerk to prepare that material. Make sure you explain your answer discussing appropriate case law