law 100
BUSINESS LAW 100 LAW100- Business Law Assessment 2: Case Study Analysis and Presentation Length: 1500 words Weighting: Total 25% (Report 15% and Class Presentation with Power Point Slides 10%) Lecturer: Ross (Nirosha) GUNASEKERA This Assessment Task is based on the following Case Study on Australian Consumer Law Length: 1500 words Weight: 15% - ReporT 10% - Presentation CASE STUDY – AUSTRALIAN CONSUMER LAW James and his family decided that it was time to take a holiday in Adelaide. They chose Adelaide as their destination because it has a world famous wine industry and related tourist attractions. They were really looking forward to visiting many of the wineries in the Barossa valley and in particular sampling the famous local Shiraz. They spent two weeks wandering around the wineries. James’s mother, Betty asked them to bring her back a case of the best Shiraz that they had sampled from Barossa Valley Mountain Wines Pty Ltd. Betty’s key requirement was that the wine should be not too dry but had a hint of citrus as she liked to drink wine that reminded her of the wine that she had drunk when she lived in Adelaide before she was married and moved to Brisbane. When James and his family went to the manufacturer and retailer to buy the wine, the Manager of Barossa Valley Mountain Wines Pty Ltd, assured them that the Shiraz was exactly what they required, not too dry but with a hint of citrus. In addition to the verbal advice, the wine label clearly indicated that the wine met their requirements (not too dry but with a hint of citrus). They were happy to purchase the wine using their credit card and were given a tax invoice receipt. When they went home to Brisbane, they gave Betty the case of wine and the receipt as she had offered to reimburse them. She was delighted and opened a bottle for the family to drink over dinner. Much to her disappointment, not only was the wine very dry it also tasted very bitter. It made her very ill. As she felt she was unable to drink the rest of the wine, she contacted Barossa Valley Mountain Wines Pty Ltd to get a refund. The Manager told that because she was not the one who had purchased the wine directly, she could not apply for a refund. REPORT QUESTIONS: In this scenario you should address these questions in order to provide advice to James’ mother Betty Question 1: Explain whether Betty is entitled to exercise Australia Consumer Law guarantees and how long does she have to exercise her rights? (500 words) Question 2: Provide advice to Betty what are the available remedies that she could apply under the Australian Consumer Law and what are the possible penalties that Barossa Valley Mountain Wines Pty Ltd could incur if there is deemed to be a breach of Australian Consumer Law? (1000 words) Note: please ensure that you address the relevant Case Studies (precedents) and Statutory Provisions of the Competition and Consumer Act 2010 (Cth). BUSINESS LAW 100 REQUIREMENTS (REPORT FORMAT) Your report should be in the following format: • Typed on A4 paper using Arial 11 point font and 1.5 spacing; • Sequential page numbering; • Title page with Student Name/Student Number and Subject Code/Subject Name; • Accurate spelling, grammar, punctuation, paragraph construction and proofreading; • Effective use of headings; • Consistent and accurate acknowledgment of textbooks, legislation and case studies using APA reference style; Use of Resources You are required to use a range of legal resources in addition to the textbooks including at least Eight (8) Online Legal Resources; and One (1) Statute...as supporting evidence for the arguments, analysis and discussion of the two Assignment questions. PRESENTATION Prepare a presentation using the following format (10 mins presentation) 1. Provide a brief overview of the issues identified in the Case Study Report and the key issues identified under Australian Consumer Law. CRITERIA USED TO GRADE THIS TASK See Separate Marking Guide for detailed marking criteria and allocation SUBMISSION DETAILS Report Submissions and Presentations must be emailed to the Lecturer. FEEDBACK AND RETURN OF WORK BUSINESS LAW 100 Feedback and marks will be provided within 2 weeks of the submission. Group Assessment 2- 25 Marks - Assignment and Presentation - Consumer Guarantees, Penalties and Remedies for Breaches HD (80% - 100%) Distinction (70% - 79%) Credit (60% - 69%) Pass (50% - 59%) Fail (31% - 49%) Fail Minus (0% - 30%) BUSINESS LAW 100 Limited Excellent identification and analysis of Very good identification and Good identification and Satisfactory identification and/or Did not meet criteria Consumer Guarantees using analysis of Consumer analysis of Consumer and analysis of Consumer unsatisfactory identification examples from the Case Study Guarantees using examples Guarantees using examples Guarantees using examples and analysis of Consumer Detailed provision of both advice and from the Case Study from the Case Study from the Case Study Guarantees using examples recommendations from the Case Study Excellent discussion of the basis of Consumer Guarantees, breaches, penalties, remedies and excellent use of examples from the Case Study Very good discussion of the Good discussion of the Satisfactory discussion of Limited and/or Did not meet criteria basis of Consumer basis of Consumer the basis of Consumer unsatisfactory discussion of Guarantees, breaches, Guarantees, breaches, Guarantees, breaches, the basis of Consumer penalties, remedies and penalties, remedies and penalties, remedies and Guarantees, breaches, excellent use of examples excellent use of examples excellent use of examples penalties, remedies and from the Case Study from the Case Study from the Case Study excellent use of examples from the Case Study BUSINESS LAW 100 Assignment Assignment demonstrates an Assignment demonstrates a Assignment demonstrates a Assignment demonstrates demonstrates Did not meet criteria excellent level and quality of very good level and quality of good level and quality of satisfactory level and an unsatisfactory level and academic writing with excellent academic writing with academic writing with quality of academic writing quality of academic writing expression and structure and with excellent expression and excellent expression and with excellent expression with a number of errors minimal errors within word limit structure and with minimal structure and with minimal and structure and with throughout errors within word limit. errors within word limit minimal errors within word limit Assignment demonstrates an excellent level and quality of critical analysis, understanding, academic writing with excellent expression and structure and with minimal errors within word limit Assignment demonstrates a Assignment demonstrates a Assignment demonstrates Assignment demonstrates Did not meet criteria very good level and quality of good level and quality of satisfactory level and an unsatisfactory level and critical analysis, critical analysis, quality of critical analysis, quality of critical analysis, understanding, academic understanding, academic understanding ,academic understanding, academic writing with excellent writing with excellent writing with excellent writing with a number of expression and structure and expression and structure expression and structure errors throughout with minimal errors within and with minimal errors and with minimal errors word limit. within word limit within word limit BUSINESS LAW 100