1 1LAWS20058 – AUSTRALIAN COMMERCIAL LAWTERM 2, 2018 – ASSESSMENT 1 – INDIVIDUAL ASSIGNMENTComplete all parts.Marks: 40% of the overall assessment for the courseSubmission: Online via MoodleFormat: One file in .doc or .docx (MSWord) format.Submissions in any other file format (e.g. .zip) will be treatedas 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 ifmade via the online system and must be based on medical or compassionate grounds. Any extensionapplication should be made before the due date for submission. Medical conditions should be supportedby 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 theirtime 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 applywithout an approved extension.Plagiarism:The university’s plagiarism policy will also be strictly enforced. If plagiarism is found, a minimum penaltyis 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 thematerial consulted you will also be acting in an ethical and honest manner. Acknowledgement may be in theform of in text citations, footnotes and/or a bibliography. See the Moodle resources on Plagiarism. Be sure toaccess 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 newconstitution assume that there are rules protecting a member of the tribe from violent acts from anothermember of the tribe. Explain what rules protecting members of the tribe from such acts of violence weredeveloped and why they were developed in the tribe’s constitution. Be sure to refer to Hart’s analysis of legalrules in the answer. There are additional resources on Moodle in the early Modules of the course to assist.2PART 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 topunishment.” Research a legal system of a foreign country and explain what penalties can be imposed by acourt once a person is found guilty of a criminal offence. Then compare them to the range of penaltiesavailable to Australian courts in criminal cases. Be sure to refer to Hart’s analysis of legal rules and use therequirements for Hart’s 3 part legal system in the answer. There are additional resources on Moodle to assist inthe 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 BrosFruit 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 thetext 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 textmay assist as could websites such as www.austlii.edu.au. Your answer should mention other cases in theanalysis 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’sdecision:-Identify the common law legal issues in dispute. What were the broad areas of contract law that are relevanthere?-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 theproblem. 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 mayask 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 shoulddiscuss the issue of fraudulent misrepresentation both at common law and under consumer legislation. Parts ofthe 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 Australiancase referred to in either the textbook or the Class Notes. Please note that some cases in the Class Notes arenot in the textbook may be found in alternative textbooks on Business Law, Contracts’ Law or CommercialLaw. The resources at the end of Chapters 1 and 2 of the Turner text may assist as could websites such aswww.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 ofAustralian courts and legal case reports eg CLR, FCA, FCAFC and HCA; and state and territory reports egNSWLR, NSWSC, QCA, QSC, VSC and VSCA.3The 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’sdecision:-Identify the common law legal issues in dispute. What were the broad areas of contract law that are relevanthere?-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 theproblem. 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 outin the Modules and text Chapters 9, 10, 11 and 12. Do not apply consumer law or other statute principlesin your answer.Pedro and Lisa were both retailers selling imported French jewellery in Melbourne, Victoria. Lisa sold herbusiness to Pedro and in the contract agreed that she would not carry on or be engaged in the sale of importedFrench jewellery anywhere in Australia for a period of two years. One year after selling the business Lisaestablished a new retail business in Cairns, Queensland, selling imported French jewellery. Can Pedro enforcethe contractual promise against Lisa?Advise Pedro using common law contract legal principles and the IRAC method as to what action Pedrocan take and the possible remedies he could obtain. You do not need to discuss the essential elements andthe formation of a contract topic here. Assume that a valid enforceable contract exists between theparties. 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 anorganised way these matters:-Identify the common law legal issues in dispute. What are the broad areas of contract law that are relevanthere?-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 notalways one clear way.-Conclusion and remedies- after the above stages reach a conclusion on the facts of the problem. Be sure toconsider possible remedies for the innocent party.Support your analysis with case and statute references where relevant.4MARKINGAll parts of the assignment will be marked in accordance with the university’s Grades procedure and theAssessment Criteria (which can be accessed via the Course Profile). The following marking rubric incorporatesthat procedure.THE MARKING RUBRIC IS ON THE FOLLOWING PAGES5 4 GRADEMARKCRITERIONHD85%+Demonstrates imagination,originality or flair, based onproficiency in all the learningoutcomes of the unit; work isinteresting or surprisinglyexciting, challenging, well reador scholarly.COMMENT: Here, the studentwill have done everything well,provided some original insights,and formulated their answer ina tight, efficient, thoroughlyprofessional manner. Theirexplanations and argumentswill have a strong logical flowand be convincing. Theirresearch and problem solvingin Parts A, B, C, D and E willbe thorough.D75-84%Demonstrates awareness andunderstanding of deeper andless obvious aspects of the unit,such as ability to identify anddebate critical issues orproblems, ability to solvenon‐routine problems, ability toadapt and apply ideas to newsituations, and ability to inventand evaluate new ideas.COMMENT: The student willdemonstrate this by achievingall the outcomes for a Credit,but also some of theimagination, originality or flairrequired for a High Distinction.In Part C, the student will notonly explain what happened inthe case but also show someoriginal insight into the case’ssignificance to the law. Parts CD and E should use the IRACmethod at a high standard.C65-74%Demonstrates ability to use andapply fundamental concepts andskills of the unit, going beyondmere replication of contentknowledge or skill to showunderstanding of key ideas,awareness of their relevance,some use of analytical skills,and some originality or insight.COMMENT: Learning involvesnot only knowing principles orconcepts but also the ability to 6 apply them to a real-lifesituation. In Part A, the abilityto use and implement a systemthat meets the requirements of a3-part legal system will showthis. Part B should demonstratethe ability to present legalresearch and Parts C, D and Eshould show legal problemsolving in a clear and userfriendly way.P50-64%Demonstrates the learningoutcomes of the unit, such asknowledge of fundamentalconcepts and performance ofbasic skills; demonstratessufficient quality ofperformance to be consideredsatisfactory or adequate orcompetent or capable in relationto the learning outcomes of theunit.COMMENT: Students who geta mark in this range usuallydemonstrate some knowledge ofprinciples and concepts, but donot explain or apply themaccurately. Answers often looklike little more than a summaryof what someone else haswritten.F40-49%Fails to demonstrate thelearning outcomes of the unit.COMMENT: Students in thisrange usually make some effortto perform the assignment taskbut fail to achieve what isprescribed for a Pass.Low F< 40%COMMENT: Students in thisrange usually fail to properlycarry out the instructions orfully perform the tasks specifiedin the assessment.
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