1 1 LAWS20058 – AUSTRALIAN COMMERCIAL LAW TERM 2, 2018 – ASSESSMENT 1 – INDIVIDUAL ASSIGNMENT Complete all parts. 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. Your file should contain: Cover sheet – Contains your name, student number and word counts for Parts A, B, C, D and E. Due date: 11.45pm, Thursday, 6 September 2018 (Week 8) Word limit: Word limits are set out below for each part. Extensions policy: The university policy on extensions of time will be strictly enforced. Extensions will only be considered if made via the online system and must be 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 lastminute 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. Time management is important to avoid any late submission. A two mark per day late penalty may apply without an approved 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. 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. PART A (5 marks- 300 words) In using the resources of the early Modules, your tribe discussed and developed a constitution. In the new constitution assume that there are rules protecting a member of the tribe from violent acts from another member of the tribe. Explain what rules protecting members of the tribe from such acts of violence were developed and why they were developed in the tribe’s constitution. Be sure to refer to Hart’s analysis of legal rules in the answer. There are additional resources on Moodle in the early Modules of the course to assist. 2 PART B (5 marks- 300 words) Research Question “A crime is an act or conduct which is prejudicial to the community. It renders the guilty person liable to punishment.” Research a legal system of a foreign country and explain what penalties can be imposed by a court once a person is found guilty of a criminal offence. Then compare them to the range of penalties available to Australian courts in criminal cases. Be sure to refer to Hart’s analysis of legal rules and use the requirements for Hart’s 3 part legal system in the answer. There are additional resources on Moodle to assist in the early Modules of the course. Support your analysis with case and statute references where relevant. PART C (10 marks- 600 words) In this part, your task is to research the Australian case, Gumland Property Holdings Pty ltd. V Duffy Bros Fruit Market ( Campbelltown) Pty Ltd (2008) 234 CLR 237 and report to your supervising partner (your boss!) on the significance of the case to business clients and the Australian law of contract. Initially Chapter 11 of the text can assist. Please note that additional resources should and can be accessed in alternative textbooks on Business Law, Contracts’ Law or Commercial Law. The resources mentioned at the end of Chapters 1 and 2 of the Turner text may assist as could websites such as www.austlii.edu.au. Your answer should mention other cases in the analysis of the set case. The report should use the IRAC method as a structure- Issue, Rule, Application, Conclusion and remedies. This structure requires you to set out clearly and in an organised way these matters arising from the court’s decision: -Identify the common law legal issues in dispute. What were the broad areas of contract law that are relevant here? -Explain the principles of law, the rules that the court applied and which were relevant to deciding the issue. -Apply the relevant law to the facts. Explain how the court applied the relevant law. -Conclusion and remedies- after the above stages how did the court reach a conclusion on the facts of the problem. Be sure to consider the remedy or remedies for the successful party. PART D (10 marks- 600 words) In this part, your task is to select and research an Australian case relating to when a party to a contract may ask a court to cancel the contract due to fraudulent misrepresentation and report to your supervising partner (your boss!) on the significance of the case to the Australian law of contract. In the analysis you should discuss the issue of fraudulent misrepresentation both at common law and under consumer legislation. Parts of the text chapters on Consent of Parties (Chapter 7) and Consumer Protection (Chapter 17) can assist. Contract law requires that parties enter agreements freely and voluntarily. Your choice must be an Australian case referred to in either the textbook or the Class Notes. Please note that some cases in the Class Notes are not in the textbook may be found in alternative textbooks on Business Law, Contracts’ Law or Commercial Law. The resources at the end of Chapters 1 and 2 of the Turner text may assist as could websites such as www.austlii.edu.au Your assignment must include a full reference for the case. In the text at pages lxxxv-lxxxvi, there is a Table of Abbreviations. In the table you will find brief details of Australian courts and legal case reports eg CLR, FCA, FCAFC and HCA; and state and territory reports eg NSWLR, NSWSC, QCA, QSC, VSC and VSCA. 3 The report should use the IRAC method as a structure- Issue, Rule, Application, Conclusion and remedies. This structure requires you to set out clearly and in an organised way these matters arising from the court’s decision: -Identify the common law legal issues in dispute. What were the broad areas of contract law that are relevant here? -Explain the principles of law, the rules that the court applied and which were relevant to deciding the issue. -Apply the relevant law to the facts. Explain how the court applied the relevant law. -Conclusion and remedies- after the above stages how did the court reach a conclusion on the facts of the problem. Be sure to consider the remedy or remedies for the successful party. Support your analysis with case and statute references where relevant. PART E (10 marks- 600 words) Please note. In this question and answer you should consider only common law contract issues as set out in the Modules and text Chapters 9, 10, 11 and 12. Do not apply consumer law or other statute principles in your answer. Pedro and Lisa were both retailers selling imported French jewellery in Melbourne, Victoria. Lisa sold her business to Pedro and in the contract agreed that she would not carry on or be engaged in the sale of imported French jewellery anywhere in Australia for a period of two years. One year after selling the business Lisa established a new retail business in Cairns, Queensland, selling imported French jewellery. Can Pedro enforce the contractual promise against Lisa? Advise Pedro using common law contract legal principles and the IRAC method as to what action Pedro can take and the possible remedies he could obtain. You do not need to discuss the essential elements and the formation of a contract topic here. Assume that a valid enforceable contract exists between the parties. Do not apply consumer law or other statute principles in your answer. It is essential that you refer to relevant cases to support the analysis. The IRAC method- Issue, Rule, Application, Conclusion and remedies- requires you to set out clearly and in an organised way these matters: -Identify the common law legal issues in dispute. What are the broad areas of contract law that are relevant here? -Explain the principles of law, the rules, that apply and which are relevant to deciding the issue. -Apply the relevant law to the facts. You may need to consider more than one approach here. There is not always one clear way. -Conclusion and remedies- after the above stages reach a conclusion on the facts of the problem. Be sure to consider possible remedies for the innocent party. Support your analysis with case and statute references where relevant. 4 MARKING All parts of the assignment will be marked in accordance with the university’s Grades procedure and the Assessment Criteria (which can be accessed via the Course Profile). The following marking rubric incorporates that procedure. THE MARKING RUBRIC IS ON THE FOLLOWING PAGES 5 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 and problem solving in Parts A, B, C, D and E 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 . In Part C, the student will not only explain what happened in the case but also show some original insight into the case’s significance to the law. Parts C D and E should use the IRAC method at a high standard. C 65 -74% 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 6 apply them to a real -life situation. In Part A, the ability to use and implement a system that meets the requirements of a 3-part legal system will show this. Part B should demonstrate the ability to present legal research and Parts C, D and E should show legal problem solving in a clear and user - friendly way. P 50 -64% 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. F 40 -49% 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. 40%="" comment:="" students="" in="" this="" range="" usually="" fail="" to="" properly="" carry="" out="" the="" instructions="" or="" fully="" perform="" the="" tasks="" specified="" in="" the="">