Do you think the outcome of this case is fair? What business law lessons did you learn after reading this case? How could you as a business operator minimize risk in dealing with such issues?

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LAWS11030 – Foundations of Business Law

TERM 3, 2018

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 (14-January -2019) 11:55 PM AEST Return to students: Week 11 Monday (28-January-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.

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Details

This assignment is to be submitted in one (1) Word document only. This 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 back up any arguments that you make in your assignment.

A bibliography at the end of the assignment is required but it will not be part of the word count.

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.

Alameddine v Glenworth Valley Horse Riding Pty Ltd [2015] NSWCA 219 (29 July 2015)

Read the case and answer the following questions. Use complete sentences.

1. In what court was this case heard and how did the case reach this court? 2 marks

2. Is this case a civil or criminal case? Which party bears the onus of proof in the present case? 2 marks

3. In your own words briefly outline the main legal issues in this case. The case, prescribed

textbook and other research will be helpful. 2 marks

4. Identify the legal arguments of the appellant 2 marks

5. Explain how the doctrine of precedent and the hierarchy of Australian courts are illustrated by this case. 2 marks

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6. Explain how this decision’s treatment of exclusion of liability clauses could affect a business in its operations adversely. 5 marks

7. Do you think the outcome of this case is fair? What business law lessons did you learn from reading this case? 5 marks

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Part B (20 marks)

1. (a) Minu offered to sell her car to Jake for $40,000. Jake said that he would need some time to think about it and would get back to her. After 4 days Jake called and said that he accepted Minu’s offer. Minu informed Jake that since she had not heard from him she had sold the car to Ken. Advise Jake as to whether or not he is entitled to the car.

5 marks (approx. 300 words) (b) Jenny misplaced her phone at work and looked everywhere but could not find it. Annoyed with herself Jenny placed a reward notice, for $100, on the office notice board. The next day her fellow worker, Chloe, found the phone and returned it to Jenny. Chloe was not aware of the reward notice. Jenny is very pleased and agreed to pay the full amount of the reward to Chloe. However overnight after thinking things over Jenny changed her mind and advised Chloe that no reward would be paid. Is Chloe legally entitled to the reward?

5 marks (approx. 300 words)

2. (a) Clint was illiterate and living on a pension when he allowed Joe, a vacuum cleaner salesman into his home. Joe, who knew about Clint’s disability, did not give Clint the chance to get independent advice before a contract to buy an $850 cleaner was signed. The salesman filled in the contract details and did not explain them to Clint. Advise Clint as to whether he can obtain a remedy under the Australian Consumer Law. Do not discuss the common law.

5 marks (approx. 300 words)

(b) Talisman Pty. Ltd operated a retail clothing store and in September ran print and television sales’ advertisements offering “25-40% off every item of clothing for the month of October.” The advertisements contained a warning in very small print that the “offer” excluded underwear, socks and sports clothes. Could the ACCC take action against Talisman Pty. Ltd and advise whether it could obtain remedies under the Australian Consumer Law. Do not discuss the common law.

5 marks (approx. 300 words)

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LAWS 11030 Assignment Format

Greetings: below are some points that you may find useful as to how your assignment can be presented.

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:

1. 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 issue.

2. 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.

3. 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 issue.

4. Remedies/Conclusion: what are the likely orders the court will grant.

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 Farran

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LAWS11030 Foundations of Business Law– Marking Sheet Part A Mark

1 In what court was this case heard and how did the case reach this court?

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2 Is this case a civil or criminal case? Which party bears the onus of proof?

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

2

4 Identify the legal arguments of the appellant 2 5 Explain how the doctrine of precedent and the

hierarchy of Australian courts are illustrated by this case.

2

6 Explain how this decision’s treatment of exclusion of liability clauses 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? How could you as a business operator minimize risk in dealing with such issues?

5

Total Part A 20

7

Part B (1) (a) Formation of a contract and agreement (including case law) Minu and Jake (b) Formation of a contract and agreement and consideration (including case law) Jenny and Chloe

(2) (a )Australian Consumer Law (including case and statute reference support)

(b) Australian Consumer Law (including case and statute reference support)

Total Part B

5 5

5

5

20

Additional Comments & Feedback:

TOTAL 40

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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

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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.

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C

P

65-74%

50-64%

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

F

40-49%

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 Pass.

Low F < 40% COMMENT: Students in this range usually fail to properly carry out the instructions or fully perform the tasks specified in the assessment.

  • LAWS11030 – Foundations of Business Law
  • Extensions policy:
  • Plagiarism:
  • Objectives
  • Details
  • Students must complete all Parts of the Assignment.
    • Alameddine v Glenworth Valley Horse Riding Pty Ltd [2015] NSWCA 219 (29 July 2015)
  • Part B (20 marks)
  • 5 marks (approx. 300 words)
  • 5 marks (approx. 300 words)
  • 5 marks (approx. 300 words)
  • 5 marks (approx. 300 words)
  • LAWS11030 Foundations of Business Law– Marking Sheet