Learning Outcomes:
On successful completion of this assignment, students will be able to:
· Students will identify, discuss and analyse a range of legal issues in a case study relating to a company management and the conduct of company affairs.
· Students will be expected to apply the relevant legal concepts and laws in their report.
The task is worth a total of 30% of your final marks.
Your Task
Using the Case Study provided, you will need to undertake an analysis of the various legal issues that are identified, cite relevant rules applicable to the issues, explain the application of the rules to the facts/situation in the case scenario using the IRAC method.
Assessment Description (800 words)
You are required to answer the following two (2) questions, based on the Case Scenario below Assessment Instructions. Each question is worth fifteen (15) marks. Total for this assessment 30 marks / 30%.
Your assessment is to be submitted via Turnitin in WORD format. PDF submissions will not be accepted
Please refer to the assessment marking rubric to assist you in completing all the assessment criteria and for information on the use
of Harvard references and legal citations
CASE FACTS
Sal moved to Melbourne 10 years ago. He had always wanted to run a small business in Melbourne. Unfortunately, for the last six years, he had not been able to set up his business as he was very busy trying to finish his accounting degree.
This year, Sal finally decided to take the risk and open a cafe in Melbourne. When he was doing his accounting degree, he had the opportunity to complete a short course to be certified as a cafe barista but because he was too busy finishing his degree, he decided to do this later on.
When Sal, opened his cafe shop, he advertised lattes with a large sign that read “Buy a latte for $5 dollars and get a mini brownie for free”. One day, on her way to work Brooke, a legal practitioner who works nearby went to Sal’s cafe shop to get a cafe. Brooke wanted to try a new cafe shop in the area. She had heard from one of her colleagues that there was a new cafe shop nearby giving mini brownies free with a latte. So, she decided to give it a go.
Brooke ordered and paid for a takeaway latte for $5 dollars expecting that she will get a mini brownie for free. Sal, made the cafe extra hot without froth. He gave it to her in a take-away cafe cup. Brooke thanked Sal for the cafe and said to Sal “I hope it’s good cafe because I am very fussy”. Sal said, “Of course it’s good you will love it”. Brooke realised that something was missing so she asked Sal for the free mini brownie. Sal told her “Sorry, we ran out of mini brownies, but we have large brownies which are $8 dollars. Brooke did not want a big brownie because she was on diet, but she thought after all, a brownie is a brownie and she can never say no to a brownie, so she paid for it.
On her way back to the office, she drank her cafe, but it was too hot. Unfortunately, she burnt her throat which made it difficult to talk. She took the lid off her cafe cup and realised that it was not a latte. Sal had given her an extra hot flat white cafe instead of a latte. Later that morning, she was scheduled to run an important conference on Contract and Consumer Law. Unfortunately, she had to cancel the conference as it was too difficult for her to talk. The consequence of the cancellation was that she would not be able to claim her $10,000 fee. The organisers of the conference had spent $25,000 promoting the conference. Brooke was very upset that she could not run the conference that she had been working on for a long time. Not only had she lost the $10.000 fee, but she had also had to spend $1,000 dollars in medical bills. One week later, she received a letter of demand from the conference organisers asking her to reimburse them the $25,000 that they had spent on promoting the conference. Now Brooke is “stressed out!”
After two weeks, Brooke went back to the office and one of her colleagues started to complain about Sal’s cafe shop. Her colleague told her that the owner of that cafe shop was very dishonest. He advertises Lattes for $5 dollars with a mini brownie for free, but he only makes large brownies and he always tells his customers that he ran out of mini brownies and convinces them to buy the large brownie for $ 8 dollars. On top of this, Sal makes terrible cafe. He always makes flat white’s instead latte’s and these are always extra hot, even though the cafe cup lid says hot not extra hot. Brooke started to get very suspicious about Sal’s cafe shop and his business practices. She still has the receipt when she bought her cafe. Brooke knows a savvy law student who understands Melbourne Law so she wants this student to assist her in exercising her rights under Melbourne Contract and Consumer Law.
REQUIRED-
QUESTION 1 (15 Marks)
Please advise Brooke, if she entered in a contract with Sal and explain if this contract can be invalidated under the principles of Contract Law.
In your answer explain the meaning of Contract and which elements need to be satisfied to make a simple contract and how to identify if this contract is a valid contract.
You will need to address all the “essential elements of a contract” including (Offer and acceptance, intention and consideration) as well as “elements of a valid contract” (Capacity, Legality, Genuine Consent, Mistake, Misrepresentation, Durres, Undue Influence and Unconscionability.
You will need to address and explain if Brooke can invalidate the contract. You will also need to address and explain what sort of remedies she will be entitled if she decides to void the contract.
QUESTION 2 (15 Marks)
Please advise Brooke, if Sal breached her Australian Consumer Law Guarantees.
In your answer explain to Brooke her Australian Consumer Law Guarantees under the Competition and Consumer Act 2010 (Cth) Schedule 2.
You need to justify your view as to whether these guarantees are available and don’t forget to explain if Brooke will be entitled to claim the remedies.
Explain if Sal will have to pay penalties under the Competition and Consumer Act 2010 (Cth) Schedule 2.
Marking Rubric
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HD
80-100%
15 marks
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Q1
Contract Law-Explain the meaning of Contract and how the elements need to be satisfied to make a simple contract valid
You will need to address all the “essential elements of a contract” including (Offer and acceptance, intention and consideration) as well as “elements of a valid contract” Capacity, Legality, Genuine Consent (Mistake, Misrepresentation, Duress, Undue Influence and Unconscionability).
Explain if Brooke and Sal were in a contract and if this contract was a valid contract. If the contract is not a valid contract, how would you assist Brooke to Void the contract.
Advise what are the “Remedies” available for Brooke and limitation to exercise her right under contract law
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Your advice showed a detailed, coherently written, organised assignment that answers the question succinctly.
An objective reasoned argument that focuses on the relevant issues of the topic and is expanded and developed with appropriate examples. Principles of law integrated well into the analysis.
Shows evidence of having read relevant textbook, legislation and case studies and so on and clearly references any authors quoted in the assignment.
No or very minor errors of expression
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Total /15
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Q2 -15 marks
Consumer Law Please advise Brooke if Sal breached her Australian Consumer Law Guarantees.
In your answer explain to Brooke her Australian Consumer Law Guarantees under the Competition and Consumer Act 2010 (Cth schedule 2. In addition,
Explain the remedies available for Brooke and the penalties that can be imposed to Sal under the Act for breaching her Australian Consumer Law Guarantees and limitations
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Your advice showed a detailed, coherently written, argument that answers the question succinctly.
An objective reasoned argument that focuses on the relevant issues of the topic and is expanded and developed with appropriate examples.
Principles of law integrated well into the analysis.
Shows evidence of having read relevant textbook, legislation and case studies and so on and clearly references any authors quoted in the assignment.
No or very minor errors of expression
|
PG Corporations and Commercial Law
Assessment 3- Video and PPT presentation
Learning Outcomes:
On successful completion of this assignment, students will be able to:
· Students will provide a presentation via a recorded video that addresses the legal
· issues identified and analysed in their written report.
The task is worth a total of 10% of your final marks.
Your Task
Using your Assessment 2 report, you will need to;
1. prepare a PPT in accordance with the video Death by PowerPoint at this link-
https://www.youtube.com/watch?v=Iwpi1Lm6dFo
2. to present your analysis of the various legal issues, relevant rules, the application of the rules to the facts/situation in the case scenario, and your conclusions, that you identified in your assessment.
This assessment is worth ten (10) marks.
Your assessment is to be submitted via Turnitin.
You must follow the CIC assessment guidelines.
Please refer to the assessment marking rubric to assist you in completing all the assessment criteria and for information on the use of references and legal citations.
Marking Rubric
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HD
80-100%
15 marks
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Oral-
Contract Law-Explain the meaning of Contract and how the elements need to be satisfied to make a simple contract valid
You will need to address all the “essential elements of a contract” including (Offer and acceptance, intention and consideration) as well as “elements of a valid contract” Capacity, Legality, Genuine Consent (Mistake, Misrepresentation, Duress, Undue Influence and Unconscionability).
Explain if Brooke and Sal were in a contract and if this contract was a valid contract. If the contract is not a valid contract, how would you assist Brooke to Void the contract.
Advise what are the “Remedies” available for Brooke and limitation to exercise her right under contract law
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Your oral showed a detailed, coherent, organised assignment that answers the question succinctly and was very engaging.
An objective reasoned argument that focuses on the relevant issues of the topic and is expanded and developed with appropriate examples. Principles of law integrated well into the analysis.
Shows evidence of having read relevant textbook, legislation and case studies and so on and clearly references any authors quoted in the assignment.
No or very minor errors of expression
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Total /5
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PPT-
Consumer Law Please advise Brooke if Sal breached her Australian Consumer Law Guarantees.
In your answer explain to Brooke her Australian Consumer Law Guarantees under the Competition and Consumer Act 2010 (Cth schedule 2. In addition,
Explain the remedies available for Brooke and the penalties that can be imposed to Sal under the Act for breaching her Australian Consumer Law Guarantees and limitations
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Your PPT showed a detailed, coherently written, argument that answers the question succinctly and followed the principles in the video DBPPT.
An objective reasoned argument that focuses on the relevant issues of the topic and is expanded and developed with appropriate examples.
Principles of law integrated well into the analysis.
Shows evidence of having read relevant textbook, legislation and case studies and so on and clearly references any authors quoted in the assignment.
No or very minor errors of expression
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Total /5
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