Assessment item 2
Due date: 28-Mar-2016
Return date: 19-Apr-2016
Length: 1000 words
Submission method options
Alternative submission method
You must use the ILAC format when writing your answers.
**In this subject, assignments are marked on-line, using an adapted MS Word programme. You therefore MUST submit your assignment in Word format, NOT as a PDF document. If you submit in PDF it will not be able to be marked.**
***If you anticipate the need to apply for an extension, please read the rules on extensions in this Subject Outline before doing so.***
ASSIGNMENT 1 (10 marks)
Peter owns a construction business. He needs a truck to transport building materials. Each truck he uses earns him profit of $ 10 000 per week. Peter contacts Wendy, who owns a fleet of trucks. They have several telephone discussions about a Mercedes Benz 5000 truck that Peter is interested in buying. During one of these discussions, Peter asks Wendy whether the truck has a heavy duty suspension, explaining that he needs to transport bags of concrete to construction projects in rural areas. Wendy says that it does, without checking its specifications. Peter posts Wendy a letter containing a contract in which he offers to buy the truck for $ 300 000. The contract reaches Wendy on 5 November. She signs the contract at the space indicated for acceptance, and puts the acceptance into the post on 7 November. On 8 November, Peter phones Wendy and says “I haven’t heard from you and I’ve had second thoughts, so I am revoking my offer to buy the truck”. Wendy says “Too late, I’m delivering it today”. Later that day, she delivers the truck to Peter’s premises. Peter notices that the truck does not have heavy-duty suspension, and refuses to pay for it. Wendy’s letter of acceptance reaches Peter only on 10 November. Wendy has now sued Peter for $ 300 000. Because it is a busy time of year for the trucking industry, it takes Peter two weeks to find another truck to use for his business. Advise Peter as to his legal position, examining all relevant legal issues that could arise from these facts.
**Please check that you have complied with the rules contained in the Style Guide before you submit your assignment.**
This assessment item will allow you to demonstrate your ability to
engage in legal research;
identify the legal issues arising out of novel factual situations, to analyse the applicable law and to differentiate between which rules are applicable and which are not and then apply the law to the problem;
explain and summarise the applicable law in such a way as to create a report for a client which states what liabilities arise from novel factual situations
And more specifically
your knowledge of the law of contract formation and the law relating to factors affecting the validity of agreement
your ability to undertake an assessment task relevant to the workplace and professional practice.
Students are required to answer two problem type questions in order to demonstrate:
To meet this level you will achieve a cumulative mark of 85-100%. A mark in this range indicates that a student:
To meet this level you will achieve a cumulative mark of 75-84%. A mark in this range indicates that a student:
To meet this level you will achieve a cumulative mark of 65-74%. A mark in this range indicates that a student:
To meet this level you will achieve a cumulative mark of 50-64%. A mark in this range indicates that a student:
At this level you will obtain a mark of 0-49%. A mark in this range indicates that a student:
Identification of relevant legal issues
Comprehensive coverage and identification of all legal issues, which are formulated with consideration of all contextual factors .
Correctly identifies legal issues and formulates them with consideration of contextual factors connected to relevant law, with only minor errors.
Identifies and correctly formulates most major legal issues connected to relevant law.
Identifies some legal issues. May or may not formulate them correctly. Considers links to relevant law.
Identifies no relevant issues or only a few of them. Some of these may be unclearly formulated. Considers few contextual factors of relevant law.
Explanation of law and citation of relevant legal authority
Provides a complete explanation of the law, justified by relevant statute and case law authority, with no errors. Discussion identifies key rules of law, stating relevant principles and shows insight in identification and discussion of potentially hidden issues. Research of relevant legal authority shows a breadth of investigation through detailed analysis and discussion.
Provides a comprehensive explanation of the law with few errors, substantiated by relevant case and statute law stating relevant principles.. Research of relevant legal authority shows a breadth of investigation through detailed analysis and discussion..
Provides a substantial explanation of the law but with some errors, substantiated by significant legal authority in the form of statute and case law.
Provides a basic explanation of the law, but with significant errors, substantiated by some legal authority.
Provides incorrect or limited explanation of the law using no, or only a limited range of, authority.
Application of legal principles to the facts
Applies the law to the facts so as to reach a correct conclusion on all issues, with no errors. Argument discusses linkages between facts and the law and considers counter-arguments, evaluating the impacts of applying the law to the situation considering a broad range of factors that may affect the application. Conclusion draws together advice for client.
Applies the law correctly to the facts so as to address all issues, with only minor errors. Argument discusses linkages between facts and the law, evaluating the impacts of applying the law to the situation considering factors that may affect the application. Conclusion draws together advice for client
Applies the law correctly to most issues arising from the facts, but with some errors. Argument discusses application of the law. Conclusion summarises advice for client.
Makes a basic attempt to apply the law to the facts, but applies wrong law and / or contains significant errors in the application. Argument summarises application of the law. Advice to client is incomplete.
Paper does not correctly apply law to the facts and / or applies incorrect law. May be descriptive, rather than putting forward a reasoned argument.
Compliance with the Style Guide and overall structure.
Uses Style Guide comprehensively, accurately and consistently. Uses ILAC model. Extremely well structured and organised, with one main argument introduced per paragraph, supported by well-written supporting sentences.
Uses Style Guide accurately and with only minimal errors.
Uses ILAC model. Well structured, with one main argument introduced per paragraph.
Adequate use of Style Guide, with some errors or lapses. Uses ILAC model and is clearly structured.
Limited or inconsistent use of Style Guide. Some attempt at use of ILAC model and at structuring of answer.
Poor, inconsistent or inaccurate use of Style Guide. Poorly structured. Inadequate or no use of paragraphs. May have disregarded the ILAC model.
Written expression and editing.
Uses appropriate academic writing which is formal, impersonal and which contains no spelling, grammar and punctuation errors. Paper demonstrates careful proofreading.
Uses appropriate academic writing which is formal, and impersonal with only very minor spelling, grammar and punctuation errors. Paper demonstrates careful proofreading.
Uses appropriate academic writing which is formal and impersonal, with a few spelling, grammar and punctuation errors. Paper demonstrates evidence of proofreading.
Significant spelling, grammar and punctuation errors but the paper is readable and demonstrates some attempt at proofreading.
Poor grammar, spelling and/ or punctuation. Paper gives no evidence of having been proof-read.
Please comply with the following Style Guide:
1. Do not re-state the question.
2. Use in-text referencing. Do not use footnotes.
3. Names of statutes should be italicised, and followed by the jurisdiction not in italics, for example: Acts Interpretation Act 1901 (Cth). Note the abbreviation for ‘Commonwealth’ is ‘Cth’ not ‘Cwlth’.
4. The names of the parties must be italicised, but the citation must not, for example: Smith v Jones (1967) 345 CLR 34.
5. An in-text reference to a book should be structured as follows: (Latimer, 2010, p. 75). There is no need to put the author’s initial. Note the positioning of brackets, stops and commas. You use ‘pp.’ only if referring to more than one page. If you are referring to a book with more than one author, the in-text reference would be as follows: (Smith et al, 2002, p. 78).
6. An in-text reference to the subject's Modules should be structured in brackets as per the following example - obviously you will alter the reference depending on the subject, year of study and Module number : (CSU LAW220 Modules, 2015, Topic 7).
7. Do not start a new line simply because you are starting a new sentence.
8. Be careful of apostrophes: director's = of a director, directors' = of many directors, directors = many directors. Also particularly prevalent is confusion between its (it possessive) and it's (contraction of -it is-).
9. The following words always start with a capital letter: Commonwealth, State, Act, Bill, Regulation, Constitution, Parliament. Do not unnecessarily capitalise other words.
10. One should not use terms such as can't, won't, don't and shouldn't, neither should one use -ie- and -eg- in formal writing.
11. A sentence must always begin with a full word and a capital letter – so a sentence would start ‘Section 55 says…’, not ‘S 55 says…’ or ‘s 55 says…’. The abbreviation for 'section' in the middle of a sentence is 's'.
12. Start each paragraph on a new line, and leave a clear line gap after the preceding paragraph.
13. You must put page numbers on your assignment.
14. Quotations and excerpts from legislation should be indented from the rest of the text in a separate paragraph. The text in quotations should not be in italics.
15. You must end your assignment with a bibliography that is divided into three separate parts, listing statutes, cases and books / articles / on-line Modules.
16. A listing of a book in a bibliography should appear in accordance with the following format: Latimer, P (2010). Australian Business Law, 29th ed, North Ryde: CCH. If listing a book with multiple authors, do so as follows: Heilbron, G, Latimer, P, Nielsen, J and Pagone, T (2008). Introducing the Law, 7th ed, North Ryde: CCH.
17. When listing statutes at the end of your assignment you should conform to the format: Acts Interpretation Act 1901 (Cth). List the statute only once – you do NOT list individual section numbers relied on. You should not list textbooks as the source of Acts – the Act itself is its own source.
18. When listing cases conform to the format: Gordon v Richards (1976) 123 CLR 32.
19. When listing article conform to the format: Jones, J 'The new analysis of law' (2010) 4 Journal of Recent Law 34.
20. When listing CSU Modules conform to the following format: CSU LAW220 Modules.
21. Make sure that your sentences are grammatical – it may be useful to read your assignment out loud if you have any doubts about this.
PLEASE NOTE THAT YOU WILL LOSE MARKS IF YOU DO NOT COMPLY WITH THIS STYLE GUIDE. I WILL REFERENCE NON-COMPLIANCE BY ANNOTATING YOUR ASSIGNMENT “2”, “5” ETC TO INDICATE WHICH OF THE ABOVE RULES NUMBERED
1 – 21 YOU HAVE BREACHED