LLH470: Commercial Contracts in Practice Assessment 2

Assessment 2

Task Description 

In this assessment, you have been engaged as legal counsel for a client. You will be asked to provide advice to the client and identify any changes to the agreement necessary to protect the interests of the client. You will be given a portfolio of documents, including outputs generated by artificial intelligence and relevant correspondence. You will apply your critical and creative thinking, legal reasoning and research skills to an interpretation problem concerning clauses in a commercial contract.

Learning Outcomes Measured 

This assessment item relates to the following Unit Learning Outcomes: 

• • Apply the principles of contract, equity and consumer law to analyse common commercial transactions and solve real world problems, using advanced legal reasoning, critical and creative thinking, and technology, while taking into account policy considerations and relevant contextual issues (CLOs 1.1, 1.3, 2.1, 2.2)
  • Interpret and draft common clauses in commercial contracts using relevant principles of contract interpretation law to solve real world problems (CLOs 1.1, 2.1)
  • Plan and manage an independent research project related to complex and advanced areas of law (CLOs 3.1, 3.2, 3.3)
  • Communicate legal advice to clients and the progress and outcomes of your research concisely and persuasively in writing to identified stakeholders (CLOs 3.3, 4.1).

Your Task

Advice regarding SingaPort

Advise SpeedFreight of its position under the contract. SpeedFreight is keen for the Agreement to go ahead as other providers of warehousing and customs clearance services charge at least twice as much as SingaPort for similar services.

Your supervising partner has asked you to specifically address the following in your advice:

1. Can SingaPort validly terminate the Agreement and if so, on what grounds?
2. What is the impact of the tropical cyclone under the Agreement considering the force majeure clause?
3. What is the effect of the failure to obtain the Singaporean licence by 1 April 2025?
4. What is the effect of SpeedFreight’s actions in relation to the purported assignment to its Singapore subsidiary?
5. What would be the potential outcomes in relation to SingaPort terminating the Agreement and who is likely to be entitled to retain the Deposit?
6. If this cannot be resolved, and SpeedFreight need to initiate proceedings, what is the most appropriate jurisdiction to commence litigation?

Any further information you require from the client which might impact your advice should be noted in your memorandum.

Summary of Assessment Requirements

This assessment required the student to act as legal counsel for a client, providing professional legal advice on issues arising under a commercial contract. The scenario involved the company SpeedFreight, which had entered into an agreement with SingaPort for warehousing and customs clearance services. The student needed to critically examine and interpret contractual clauses to determine the client’s legal position, rights, and obligations.

The key requirements of the assessment included:

• Evaluating SingaPort’s right to terminate the agreement and identifying the legal grounds, if any.
• Assessing the impact of a tropical cyclone under the force majeure clause and determining whether it excused non-performance.
• Analyzing the legal implications of failing to obtain a Singaporean licence by the specified date (1 April 2025).
• Interpreting the effect of SpeedFreight’s attempted assignment of the contract to its Singapore subsidiary.
• Determining entitlement to the deposit in the event of termination.
• Recommending the appropriate jurisdiction for litigation if disputes cannot be resolved.
• Identifying any further information required from the client that could influence the final advice.

The task measured critical learning outcomes related to the application of contract, equity, and consumer law, interpretation and drafting of clauses, independent research, and effective written communication of legal advice (CLOs 1.1, 1.3, 2.1, 2.2, 3.1–4.1).

Mentor’s Step-by-Step Approach to Guiding the Student

The academic mentor guided the student through a structured, analytical process to ensure that each part of the task was addressed logically and in alignment with legal practice standards.

Step 1: Understanding the Scenario and Legal Context

The mentor first encouraged the student to thoroughly review the client brief and portfolio of documents, including any AI-generated content and correspondence. The student was guided to identify the key contractual issues and map them against relevant clauses and legal principles.

Step 2: Identifying Legal Issues and Relevant Principles

The student was taught to break down each question into specific legal issuesfor instance, distinguishing between termination rights, force majeure, and licensing requirements. The mentor emphasized consulting case law and statutory provisions under contract and commercial law to build a robust foundation for each argument.

Step 3: Research and Interpretation of Contract Clauses

The mentor demonstrated how to interpret contract clauses using accepted legal interpretation principles, such as contra proferentem and business efficacy. The student learned how to critically analyze the force majeure clause, licensing obligations, and assignment terms, applying real-world reasoning to each issue.

Step 4: Structuring the Legal Advice Memorandum

The mentor provided a clear structure for the memorandum:

• Introduction and background of the case
• Identification of legal issues
• Application of law to facts
• Advice and recommendations
  This format ensured the student’s advice was concise, persuasive, and professional.

Step 5: Applying Critical and Creative Thinking

To strengthen the analysis, the mentor encouraged the student to explore alternative outcomes and policy implications example, what might happen if the licence was granted late, or how the cyclone could affect both parties’ obligations under force majeure.

Step 6: Final Review and Professional Communication

Finally, the mentor guided the student in refining the tone and clarity of the memorandum to suit professional communication standards expected from legal counsel. The importance of concise language, logical flow, and accurate referencing was emphasized.

Outcome and Learning Achievements

Through this guided process, the student produced a well-reasoned legal memorandum that clearly analyzed each contractual issue and provided practical, client-focused advice. The outcome demonstrated:

• Strong understanding of contractual rights and obligations.
• Ability to apply equitable and consumer law principles to complex scenarios.
• Competence in interpreting contract clauses and evaluating legal risks.
• Effective use of legal reasoning, critical thinking, and written communication in a professional format.
• Development of research and analytical skills relevant to independent legal practice.

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