LAWS11030 – Foundations of Business Law
TERM 2, 2019
ASSESSMENT Item 1 – INDIVIDUAL ASSIGNMENT
Marks: 40% of the overall assessment for the course
Submission: Online via Moodle
Format: One file in .doc or .docx (MSWord) format.
Submissions in any other file format (e.g. .zip) will be treated as a non-submission.
Word limit: See the word limit guides.
Due date extended: Week 9 Monday (16 September -2019) 11:45 PM AEST
Return to students: Week 11 Monday (30 September -2019).
Extensions policy:
The university policy on extensions of time will be strictly enforced. Extensions will usually only be considered if made via the online system and based on medical or compassionate grounds. Any extension application should be made before the due date for submission.
Medical conditions should be supported by a medical certificate, and, since students are expected to start the assignment early, temporary or last-minute conditions are usually not grounds for an extension. Professionals are expected to manage their time to meet their obligations, so work or personal commitments are insufficient grounds for an extension.
Plagiarism:
The university’s plagiarism policy will also be strictly enforced. If plagiarism is found, a minimum penalty is likely to be zero marks for the assessment. It could be worse.
This assignment is the only assignment for this course and it carries a weighting of 40% of the total assessment for the course.
While the assignment is largely based on material covered, you are free to research and seek advice as widely as you find necessary—there are no limitations as to sources. However, you must make sure that sources are appropriately referenced. You must cite and reference the resources consulted in the assignment responses. By citing and referencing the material consulted you will also be acting in an ethical and honest manner. Acknowledgement may be in the form of in text citations, footnotes and/or a bibliography.
See the Moodle resources on Plagiarism. Be sure to access the ALC for assistance with referencing.
Objectives
This assessment item links to the course objectives as stated in the Course Profile.
Details
This assignment is to be submitted in one (1) Word document only. The assignment is to be submitted online via Moodle by the due date stated.
The method of referencing to be used in this assignment is either the American Psychological Association (APA) referencing method or the Australian Guide to Legal Citation, 3r ed. See the resources on Moodle.
Additional information regarding this method is available through the library and the Academic Learning Centre. When making a reference, cite the original source or authority in preference to a secondary source such as the textbook, especially when you are discussing various sections of legislation.
This means you should make reference to legislation and cases as a priority to support any arguments in the analysis.
A bibliography at the end of the assignment is required but it will not be part of the word count.
Support Part A and B answers with case and/or statute references to support the analysis where relevant.
Please access the assignment advice and the weekly tutorials on Moodle.
Students must complete all Parts of the Assignment.
Part A (20 marks) approx. 1000 words)
Locate the full law report for the case referred to below at the Australian Legal Information Institute site (www.austlii.edu.au). Do not use a summary. Please be very careful that you find this particular case. The citation of the case is important. See the text in chapter 4 for general assistance.
Most parts of the Part A answers can be taken from the case but you may also do further research or refer to Moodle materials in your assignment.
Ford & Anor v La Forrest [2001] QSC 261
Read the case and answer the following questions. Use complete sentences.
In what court was this case heard and explain where this court is situated in the Australian court hierarchy? 2 marks
Is this case a civil or criminal case? Which party bears the onus of proof in the present case? 2 marks
In your own words briefly outline the main legal issues in this The case, prescribed textbook and other research will be helpful. 2 marks
Identify the essential elements in the formation of a valid enforceable contract that are examined in the 2 marks
Select one of the Australian cases cited in this decision and explain how it connects with the study of contract law in the 2 marks
Explain how the set case’s treatment of contract issues and statute could affect a business in its operations 5 marks
Do you think the outcome of this case is fair? As part of preparation for aspects of the answer discuss this question with work colleagues or family members. What business law lessons did you learn from reading this case? 5 marks
Part B (20 marks)
(a) Margaret owned an antique furniture shop in Brisbane. The business operated successfully. In 2017 she asked her adult daughter, Sally, to work in the shop without pay for three years and at the end of 2020 Margaret would transfer the shop and stock for free to the daughter. In June 2019 the mother and daughter argue and the mother without warning sells the business to a regular customer, Ben. Explain whether Sally can enforce the contractual agreement against Margaret. Do not discuss statute
5 marks (approx. 300 words)
1 (b) Fletcher was illiterate, had only limited business experience and had serious health problems. Stan was his best friend and his lawyer and Fletcher relied on him for advice, comfort and friendship. Fletcher signed a document that Stan advised was permission merely to keep horses and cows on the land for a short time. Fletcher has found out that the document was really a transfer of title of the land to Stan. What rights does Fletcher have? Do not discuss statute law.
5 marks (approx. 300 words)
(a) Sydney Cleaners Pty. Ltd (SC) agreed to clean a wedding dress for Susan. A sales assistant gave her a receipt and advised Susan that it was just confirmation of the agreed cleaning price. On the back of the receipt unknown to the customer there was a term in very small print stating that Sydney Cleaners was not responsible or liable for any damage done to a dry-cleaned item. When Susan collects the dress it is badly burnt. The sales assistant tells her that the contract term on the back prevents any customer from suing the dry-cleaner.
Advise Susan as to whether they can obtain a remedy under the Australian Consumer Law.
Do not discuss the common law.
5 marks (approx. 300 words)
(b) Uncare Pty. Ltd (Uncare) operates aged care centres around Australia. In 2018 Uncare promised current and future customers that all of its centres had extra services including air-conditioning, physiotherapy rooms, leisure activity spaces, large talking book libraries and smart room technology systems. For these extra services Uncare charged additional fees. In fact almost all of its centres did not have these services and facilities.
Could the ACCC take action against Uncare and advise whether it could obtain remedies under
the Australian Consumer Law. Do not discuss the common law.
5 marks (approx. 300 words
LAWS 11030 Assignment Format
Greetings: below are some points that you may find useful as to how your assignment can be presented.
Do not type out the full assignment questions. List the answers with number (A Q 1(b)) or B 2
before the
Support Part A and B answers with case and/or statute references to support the analysis where relevant.
For Part A, there is no particular format. 1000 words are the guide with twenty marks on offer. Allow say 50 words per mark as a general guide. You have to number your answers clearly and use complete sentences.
As for Part B the legal problem questions can be answered in the following format:
Issue: what is the legal problem/legal topic that needs to be addressed based on the facts of this case. Generally, I like to put the issue in the form of a question so that in my subsequent analysis will answer back to the
The law/rules: the second step is look at what are the legal principles that are relevant to the issue. In this section, you need to support the law with relevant cases and proper citations and outline the relevant principles that come out of these cases. Referencing APA or AGLC/legal is acceptable. You only need to provide one form of referencing.
Application of law to the facts of the case. In this paragraph(s), you dissect and discuss the facts of the case, apply the law and finally determine the outcome of the case. The outcome may be that the parties have or have not reached a legally binding agreement. Generally this goes back to the
Remedies/Conclusion: what are the likely orders the court will
Chapter 4 in the text at pages 160-164 can assist.
Please remember that if you require an extension on your assignment, you need to apply online. If the reason for your extension is related to an ailment, a medical certificate should be attached. Poor time management is not a valid reason for an application for an extension.
Remember that the Academic Learning Centre can assist at the nearest campus and online with organizing the structure of the assignment answers and its connection to the set questions, language use, referencing and the use of Turnitin and similarity issues.
Best wishes
Ronald
LAWS11030 Foundations of Business Law– Marking Sheet
Part A
Mark
1
In what court was this case heard and explain where this court is situated in the Australian court hierarchy?
2
2
Is this case a civil or criminal case? Which party bears the onus of proof in the present case?
2
3
In your own words briefly outline the main legal issues in this case. The case, prescribed textbook and other research will be helpful.
The case, prescribed textbook and other research will be helpful
2
4
Identify the essential elements in the formation of a valid enforceable contract that are examined in the case.
2
5
Select one of the Australian cases cited in this decision and explain how it connects with the study of contract law in the unit.
2
6
Explain how the set case’s treatment of contract issues and statute could affect a business in its operations adversely.
5
7
Do you think the outcome of this case is fair? What business law lessons did you learn after reading this case? Discuss with work colleagues or family members aspects of the fairness issue. How could you as a business operator minimize risk in dealing with such issues?
5
Total Part A
20
Part B
(1) (a) Formation of a contract and relevant essential elements (including case law) Common Law only.
(b) Formation of a contract and relevant essential elements (including case law) Common Law only.
(2) (a )Australian Consumer Law (including case and statute reference support). Remedies. Statute Law only.
(b) Australian Consumer Law (including case and statute reference support). Remedies. Statute Law only.
Total Part B
5
5
5
5
20
Additional Comments & Feedback:
TOTAL
40
All parts of the assignment will be marked in accordance with the university’s Grades procedure (which can be accessed via the Course Profile) and assessment criteria described in the unit profile. The following marking rubric on the next page incorporates that procedure.
THE MARKING RUBRIC
4 GRADE
MARK
CRITERION
HD
85%+
Demonstrates imagination, originality or flair, based on proficiency in all the learning outcomes of the unit; work is interesting or surprisingly exciting, challenging, well read or scholarly.
COMMENT: Here, the student will have done everything well, provided some original insights, and formulated their answer in a tight, efficient, thoroughly professional manner. Their explanations and arguments
will have a strong logical flow and be convincing. Their research will be
thorough.
D
75-84%
Demonstrates awareness and understanding of deeper and less obvious aspects of the unit, such as ability to identify and debate critical issues or problems, ability to solve non‐routine problems, ability to adapt and apply ideas to new situations, and ability to invent and evaluate new ideas. COMMENT: The student will demonstrate this by achieving all the outcomes for a Credit, but also some of the imagination, originality or
flair required for a High Distinction.
C
P
F
65-74%
50-64%
40-49%
Demonstrates ability to use and apply fundamental concepts and skills of the unit, going beyond mere replication of content knowledge or skill to show understanding of key ideas, awareness of their relevance, some use of analytical skills, and some originality or insight.
COMMENT: Learning involves not only knowing principles or concepts but
also the ability to apply them to a real- life situation.
Demonstrates the learning outcomes of the unit, such as knowledge of fundamental concepts and performance of basic skills; demonstrates sufficient quality of performance to be considered satisfactory or adequate or competent or capable in relation to the learning outcomes of the unit.
COMMENT: Students who get a mark in this range
usually demonstrate some knowledge of principles and
concepts, but do not explain or apply them accurately.
Answers often look like little more than a summary of what someone else has written.
Fails to demonstrate the learning outcomes of the unit.
COMMENT: Students in this range usually make some effort to perform the assignment task but fail to
achieve what is prescribed for a
Low F
< 40%
Pass.
COMMENT: Students in this range usually fail to properly carry out the instructions or
fully perform the tasks specified in the assessment.
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