1
LAWS20058 – AUSTRALIAN COMMERCIAL LAW
TERM 3, 2017 – 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, 11 January 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 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. Time management is important to avoid any late submission. A 2 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.
PART A (5 marks- 200-300 words)
Using the resources of the early Modules, your
tribe
discussed and developed a constitution. In the new constitution assume that there are rules protecting the property of members of the tribe. Explain what rules protecting property were developed, why they were developed in the tribe’s constitution and what types of property were protected by the rules of the constitution. Be sure to refer to Hart’s analysis of legal rules in the answer. There are additional resources on Moodle to assist in the early Modules of the course.
PART B (5 marks- 200-300 words)
Research Question
“In Australia, business as we know it could not exist without the protection of the law.” What features of the Australian legal system protect and encourage businesses to develop? 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- 500-700 words)
In this part, your task is to research the
Australian
case,
Codelfa Construction Pty. Ltd.
V
State Rail Authority
of NSW
(1982) 149 CLR 337 and report to your supervising partner (your boss!) on the significance of the case to business clients and the Australian law of contract. Parts of the text Chapter 11 can assist.
Please note that additional resources 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 may 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- 500-700 words)
In this part, your task is to select and research an
Australian
case relating to when a court may set aside a contract on the ground that it was unconscionable 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 unconscionability
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.
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 E (10 marks- 500-700 words)
Please note. In this question and answer you should consider only common law contract issues as set out in parts of Modules 4 and 5 and text Chapters 9, 10, 11 and 12. Do not apply consumer law statute principles in your answer.
Sam took his jacket for dry cleaning to Rapid Clean Pty Ltd. The owner and shop assistant was Jane.
This was the first time Sam had been to this dry cleaner. After giving the jacket to the assistant behind the counter and paying for the dry cleaning, Sam was given a receipt with a number on it. The assistant told Sam that he should bring the receipt with him when he came to collect his jacket. The assistant also told him that the dry cleaner ‘would take all care but accept no responsibility during cleaning.’ The assistant pointed out that a similar clause appeared on the back of the ticket. It read:’ Rapid Clean Pty Ltd will take all care but accept no responsibility for effective removal of all stains during cleaning.’
That night the jacket was cleaned by Jane’s staff who were not trained and did not know how to use the dry cleaning equipment. Due to the lack of training of the staff the jacket was damaged.
When Sam came back to collect his jacket he found a tear in the right sleeve. When Sam pointed this out to the shop assistant, the assistant reminded him that he had been advised previously that all care would be taken but the company did not accept responsibility for items left for dry cleaning.
Advise Sam using common law contract legal principles and the IRAC method as to what action Sam 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 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.
MARKING
All parts of the assignment will be marked in accordance with the university’s Grades procedure (which can be accessed via the Course Profile). The following marking rubric incorporates that procedure.
THE MARKING RUBRIC IS ON THE FOLLOWING PAGES
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 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 F1
LAWS20058 – AUSTRALIAN COMMERCIAL LAW
TERM 3, 2017 – 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, 11 January 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 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. Time management is important to avoid any late submission. A 2 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.
PART A (5 marks- 200-300 words)
Using the resources of the early Modules, your
tribe
discussed and developed a constitution. In the new constitution assume that there are rules protecting the property of members of the tribe. Explain what rules protecting property were developed, why they were developed in the tribe’s constitution and what types of property were protected by the rules of the constitution. Be sure to refer to Hart’s analysis of legal rules in the answer. There are additional resources on Moodle to assist in the early Modules of the course.
PART B (5 marks- 200-300 words)
Research Question
“In Australia, business as we know it could not exist without the protection of the law.” What features of the Australian legal system protect and encourage businesses to develop? 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- 500-700 words)
In this part, your task is to research the
Australian
case,
Codelfa Construction Pty. Ltd.
V
State Rail Authority
of NSW
(1982) 149 CLR 337 and report to your supervising partner (your boss!) on the significance of the case to business clients and the Australian law of contract. Parts of the text Chapter 11 can assist.
Please note that additional resources 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 may 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- 500-700 words)
In this part, your task is to select and research an
Australian
case relating to when a court may set aside a contract on the ground that it was unconscionable 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 unconscionability
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.
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 E (10 marks- 500-700 words)
Please note. In this question and answer you should consider only common law contract issues as set out in parts of Modules 4 and 5 and text Chapters 9, 10, 11 and 12. Do not apply consumer law statute principles in your answer.
Sam took his jacket for dry cleaning to Rapid Clean Pty Ltd. The owner and shop assistant was Jane.
This was the first time Sam had been to this dry cleaner. After giving the jacket to the assistant behind the counter and paying for the dry cleaning, Sam was given a receipt with a number on it. The assistant told Sam that he should bring the receipt with him when he came to collect his jacket. The assistant also told him that the dry cleaner ‘would take all care but accept no responsibility during cleaning.’ The assistant pointed out that a similar clause appeared on the back of the ticket. It read:’ Rapid Clean Pty Ltd will take all care but accept no responsibility for effective removal of all stains during cleaning.’
That night the jacket was cleaned by Jane’s staff who were not trained and did not know how to use the dry cleaning equipment. Due to the lack of training of the staff the jacket was damaged.
When Sam came back to collect his jacket he found a tear in the right sleeve. When Sam pointed this out to the shop assistant, the assistant reminded him that he had been advised previously that all care would be taken but the company did not accept responsibility for items left for dry cleaning.
Advise Sam using common law contract legal principles and the IRAC method as to what action Sam 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 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.
MARKING
All parts of the assignment will be marked in accordance with the university’s Grades procedure (which can be accessed via the Course Profile). The following marking rubric incorporates that procedure.
THE MARKING RUBRIC IS ON THE FOLLOWING PAGES
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 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
|
|
COMMENT: Students in this range usually fail to properly carry out the instructions or fully perform the tasks specified in the assessment.
|
|
|
COMMENT: Students in this range usually fail to properly carry out the instructions or fully perform the tasks specified in the assessment.
|