BUSINESS LAW 1100
ASSIGNMENT TWO (30%)
Due 4th January, 2016 by 4pm (WST)
2 Four step process questions
The case study which students are required to resolve using the four step process is set out below. Students are required to apply the relevant legal concepts and principles to analyse and solve the legal issues arising in the case study by explaining and applying their knowledge of the legal principles and rules arising in Australian legal system: topic four inclusive.
Please note also that the information contained in the course materials (the Source Book, computer based tutorials and seminar materials) are sufficient when completing your assignment. It is not necessary to research beyond these materials for the purpose of completing assignments. You are not to use the internet for definitions or concepts of contract. You are only to use your text book, PowerPoint slides and revision notes. If you use materials to answer your questions from any internet site you will be penalised as this is not an assignment whereby you are required to do research. The materials provided for this unit are sufficient to answer the two questions. You only require to use the internet for uploading your answers in Moodle.
? The fact scenario used in this assignment is fictitious.
? Students are to focus on answering the questions with reference to the relevant issues raised by the question as they arise from topic 4. Students do not need to (and should not) undertake any additional research. The level of detail and information contained in the course materials is sufficient to answer the assignment.
? Note the four step process requires students to refer to case law or legislation as authority for the rules of law explained in step two. Where appropriate you will need to refer to any applicable legislation or case authorities contained in the materials for topic 4.
The case study is made up of two (2) questions (1) and (2). Each is worth fourteen (14) marks. A further two (2) marks are allocated to how well the student has followed the four step process.
In relation to the marks allocated for the overall use of the four step process and structure of the answer, regard will be had to not just whether the answer is “set out” in the four steps. Consideration will be given to the clarity of the explanation of the law with regard to applicable authority where relevant. Students will be rewarded here for a detailed application of the facts to the law explained. For example, a very good use of the four step process would be the application of the facts specifically to every principle of law explained.
Consideration will also be given to the logical presentation, coherency and consistency of the explanation of the law, application of facts and subsequent conclusion. Consequently this will include a consideration of matters such as presentation, formatting, expression, sentence structure, grammar and the like.
As a general guide, a student who has used the four step process correctly for each question (has identified the relevant principle(s) of law, explained the rule(s), applied the facts and come to a logical conclusion), but the explanation of the law or application of the facts is not as detailed as it could be, or the conclusion is not a logical progression of what has gone before, would be awarded a pass mark for this part of the assignment (0.5 - 2 marks).
Referencing and appropriate acknowledgement of sources
Most often errors in referencing are incidental or clearly inadvertent. In the event of a level one incident of plagiarism occurring, a student may be contacted by the University and required to undertake further training or remedial work in relation to referencing. Where the lack of correct referencing appears to contravene the University policy on plagiarism, the student’s paper will be referred to the Unit Coordinator and dealt with according to University policy. This may amount to academic misconduct.
An important aspect of the University Plagiarism Policy is recognition that not all plagiarism is intentional or involves cheating. If students are not learning as expected, they will be made aware of their difficulties and helped to improve. Those who deliberately choose to cheat by way of plagiarism, however, will be identified and dealt with accordingly.
Students are strongly advised to understand their responsibilities in relation to correct referencing and should use Chicago Referencing.
Format of assignments
Assignments cannot be handwritten and must comply with the following format requirements. Those assignments, which do not conform to these requirements without prior agreement of the unit coordinator, will either be returned to the student unmarked or will have marks deducted:
? Document type: Word or pdf (word preferred)
? Font: Arial or similar font - no smaller than 12 point in size
? Pages: Numbered in top or bottom margin
? Spacing: Appropriate line spacing and paragraph spacing
? Margins: At least 2.5 cm top, left, right & bottom
? Cover sheet (located on Moodle under Week 6 folder) must be attached to the assignment
? Introduction to answers, content of body and concluding comments
? Appropriate sentence structure
? Correct grammar, spelling and punctuation
? Paragraph size and breaks appropriate
? Consistent format
? Appropriate use of headings and sub-headings
? Within acceptable word limit
? Appropriate referencing and acknowledgment of sources
The total assignment (meaning the two questions) should be a minimum of 1,000 words and not exceed 2,500 words.
Please provide a word count on your cover sheet. A penalty of 10% will be imposed on assignments that exceed the word limit. Markers have discretion as to whether to apply the penalty for an additional 100 words, provided the discussion remains relevant. The assignment will not be assessed if it exceeds 3,000 words and will result in a ZERO mark.
The word count does not include the following:
? cover sheet
? in-text referencing
? referencing list
Please read the submission process carefully. Students should understand that compliance with instructions in relation to an assessment task is critical. Students MUST be aware that non-compliance with submission instructions can result in a mark of ZERO.
All assignments must be submitted by 4PM (Western Standard Time (WST)) on the Thursday of the week the assignment is due, i.e. Assignment two is due (Week 9) Monday, 4th January 2016 by 4PM (WST).
Students are required to submit their assignment to Turnitin (plagiarism detection programme) and attach the report the assignment and then upload it to Moodle for marking.
Feedback on assignments
You should contact your lecturer in the first instance if you need help understanding the course material or issues arising in the assignment.
Unfortunately it is just not possible for your lecturer to review draft assignments for comment before submission (in effect double marking). If you have questions relating to your writing style (grammar etc) we suggest that you make use of the resources available at the Curtin College.
Lecturers will mark and return assignments within two weeks of their submission. Students will be provided with comments on what a student had done well and suggestions for improvement in the future. This will include specific feedback on the use of the four step process.
Assessment submitted early will not be marked before the due date.
Please refer to the Unit Outline for the full procedure in relation to penalties for late submission and requests for an extension.
Four step process question one
Clare owns and operates an antique store in Fremantle that is open between 9am and 5pm Monday to Saturday. One Wednesday morning, Michael is looking for a present for his girlfriend Jessica and comes across the antique store. Michael noticed in the shop window an antique Mirror on sale for $300, he believes that Jessica will like the antique mirror, but he cannot afford $300. Michael enters the store and discusses the matter with Clare the shop owner, who offers to sell him the items for $250. Michael replies by saying ‘that he has to think about it’. Clare says ‘that she will keep the offer open for acceptance until 10am the next day’. Clare gives Michael her business card (which has the relevant phone numbers) and Michael gives Clare his mobile phone number.
That evening Michael decided that he would buy the antique mirror for his girlfriend Jessica. He telephoned the number on the business card and leaves a message at 10pm to the effect that he agrees to buy the antique mirror for $250 and that he would call by the bookshop on Thursday afternoon to collect and pay for the antique mirror.
The next day, Thursday, Clare opens the antique store for business at 9am. Around 9.30am Christina visited the shop and saw the antique mirror in the shop window. She enters the shop and is very keen to purchase the antique mirror to add it to her antique collection, and offers Clare $270 for the items. Clare accepted Christina’s offer. Christina paid for the antique mirror and left Clare’s antique shop with her purchase.
At 10am Clare telephoned Michael and told him that she was withdrawing her offer and that she had sold the antique mirror to Christina. Michael then told Clare that he had left a message on the answering service last night at 10pm saying that he agrees to purchase the antique mirror for $250. After her telephone conversation with Michael, Clare accessed the answering machine message and heard the telephone message that Michael had left the previous evening.
Question (1) 14 Marks
Assume that the elements of intention and consideration required for the formation of a contract exist. Using the four-step process, discuss whether the element of agreement required for the formation of a contract can be established. Did Michael have a legally enforceable contract with Clare? Does Clare have to sell the special offer set to Michael?
Four step process question two
Gabriel Hyde runs a successful computer software and website designer business. He is concerned that he may not have enough work in the foreseeable future, so he asks his friends to recommend him to their friends and businesses.
At Johnny’s wedding on Sunday 15th November 2015, Gabriel is approached by a computer manufacturer owner, Phillip Stern. Gabriel had met him previously at the buck’s party. Phillip explains to Gabriel that his is purchasing some heavy computerised machinery and he also wants to set up a website and that he could use Gabriel’s expert knowledge on these matters. Gabriel is quite excited and he expresses his interest in assisting Phillip with these projects. Phillip tells Gabriel that he will email him with a proposal on Wednesday 18th November.
On Wednesday morning around 9am, Phillip sends Gabriel the following email:
As per our conversation on Sunday the 15th I want to bring you on board as a consultant to help me with the computerised machinery and setting up the company website.
The terms of the project is that you will provide your web design services exclusively for one month, starting on the 21st November till the 21st December 2015. Your remuneration would be a flat fee of $50,000 with a parking bay and an office.
If you are still interested in this position you are required to accept by email by the end of the day 5pm.
I look forward hearing from you.
Gabriel was busy and he saw the email around 11am. Gabriel reads through the email and is pleased with the terms of the agreement. He needed to deal with an important client and once he finished he then drafts an email of acceptance of the terms of the offer, however there just as Gabriel is happy with the response and he is ready to press the send button, the electricity has been turned off due to a fire in the lower floors making it impossible for Gabriel to send the email to Phillip. Gabriel is concerned and he tries to call Phillip but there is no answer and there is no option to leave a message. In the meantime Gabriel is thinking of ways in which he can accept. So as a last resort, Gabriel drafts a letter to Phillip stating that he accepts the offer proposed. He also includes a strategic map for the project and he posts them at 4pm on Wednesday afternoon.
At the board meeting on Friday morning Alex shows Phillip the quote he received from an award winning Web Design Company offering to do the job for $35,000. At this point Phillip realises that he has offered Gabriel $15,000 more and he doesn’t want to engage Gabriel’s services anymore.
So he goes back to his office and he sends an email to Gabriel stating that as he did not receive his acceptance by 5pm on Wednesday that he has now missed out on the work. Phillip also states in his email that ne never meant for the project to be real anyway because he was only trying to help out his friend Johnny as Johnny asked him to give you some work. Gabriel is furious upon receiving the email from Phillip and he seeks advice from a lawyer on this matter.
Question (2) 14 Marks
Assume that the element of agreement required for the formation of a valid contract exists. Using the four-step process, discuss whether the other elements required for an enforceable contract are present. Can Gabriel enforce the contract against Phillip?