LAWS20058 – AUSTRALIAN COMMERCIAL LAW
TERM 1, 2017 – ASSESSMENT 1 – INDIVIDUAL ASSIGNMENT
Marks: 40% of the overall assessment for the course
Submission: Online via Moodle
Format: One file in .doc or .docx (MSWord) format.
Submissions in any other file format (e.g. .zip) will be
treated as a non-submission.
Your file should contain:
Cover sheet – Contains your name, student number and
word counts for Parts A, B and D.
Part A – Answer to either Question 1 OR Question 2
Part B – Answer to Question 3
Part C – Link to YouTube video and the case reference(s).
Part D – Answer to Question 4, including case reference.
If you refer to more than one case in Part D, use a
Due date: 11.45pm, 4 May 2017 (Week 8)
Word limit: Word limits are set out below for each part.
The university policy on extensions of time will be strictly enforced. Extensions will only be considered if made via the online system and must be based on medical or compassionate grounds. Any extension application should be made before the due date for submission. Medical conditions should be supported by a medical certificate, and, since students are expected to start the assignment early, temporary or last-minute conditions are usually not grounds for an extension. Professionals are expected to manage their time to meet their obligations, so work or personal commitments are insufficient grounds for an extension.
The university’s plagiarism policy will also be strictly enforced. If plagiarism is found, a minimum penalty is likely to be zero marks for the assessment. It could be worse.
PART A (10 marks – 600-800 words)
You have to choose one of the following questions:
Provide a summary of the constitution that your tribe developed in Workshop 1, Tasks 1 and 2, explaining how it addresses the requirements for Hart’s 3-part legal system.
Research a legal system of a foreign country and explain how it addresses the requirements of Hart’s 3-part legal system. (If you do this question, you will need to provide a reference list).
PART B (10 marks – 600-800 words)
Compare the legal system you described in Part A to the Australian legal system, showing how they are similar and how they differ. In your conclusion, state your opinion on which difference between the legal systems would have the biggest effect in practice.
PART C (10 marks – YouTube video about 5 minutes in length, but length can be a little longer if the case has a lot of important points)
In this part, your task is to research a case and report to your supervising partner (your boss!) on the significance of the case to the Australian law of contract. You MUST do the report as a YouTube video and the link for the video must be included in your assignment. Your YouTube video must be set to either ‘Public’ or ‘Protected’ so that the marker can view it. If the link does not work for the marker, you get no marks for this part.
You MUST choose a case relating to the law in one of modules, 3 ,4 or 5 of the course. It must be a case referred to in either the textbook or the Class Notes. (Cases in the Class Notes that are not in the textbook may be found in alternative textbooks on Business Law or Commercial Law). Your assignment must include a reference for the case.
You MUST use the IRAC method for describing the issues in the case, the legal rules that arose, how those rules were applied to the facts if the case, and what the conclusion was in the case.
Your face must appear in the video. You should not be reading from a script, but you can use notes to prompt your talking.
PART D (10 marks – 600-800 words)
In this part, your task is again to research a single case and report to your supervising partner advising him or her about the case. However, this time, it must be a case in which a contract was induced by misleading and deceptive conduct, either under s 18 of the Australian Consumer Law or the old s 52 of the Trade Practices Act 1974 (Cth.). (This means that it must be an Australian case). The report MUST be done in writing using the IRAC method. It must not only analyse the case in terms of the statutory remedy of misleading and deceptive conduct, but also analyse how the case would have been decided under the common law of misrepresentation. There will therefore be two conclusions, one for the statutory action, and another for the common law. (Misrepresentation and misleading and deceptive conduct are in Module 6 of the course).
All parts of the assignment will be marked in accordance with the university’s Grades procedure (which can be accessed via the Course Profile). The following marking rubric incorporates that procedure.
THE MARKING RUBRIC IS ON THE FOLLOWING PAGE
GRADE MARK CRITERION
HD 85%+ Demonstrates imagination, originality or flair, based on proficiency in all the learning outcomes of the unit; work is interesting or surprisingly exciting, challenging, well read or scholarly.
COMMENT: Here, the student will have done everything well, provided some original insights, and formulated their answer in a tight, efficient, thoroughly professional manner. Their explanations and arguments will have a strong logical flow and be convincing. Their research, particularly in Parts B, C and D, will be thorough.
D 75-84% Demonstrates awareness and understanding of deeper and less obvious aspects of the unit, such as ability to identify and debate critical issues or problems, ability to solve non-routine problems, ability to adapt and apply ideas to new situations, and ability to invent and evaluate new ideas. COMMENT: The student will demonstrate this by achieving all the outcomes for a Credit, but also some of the imagination, originality or flair required for a High Distinction.. In Part B, the student will show some insight in comparing the two legal systems. In Parts C and D, the student will not only explain what happened in the case but also show some original insight into the case’s significance to the law.
C 65-74% Demonstrates ability to use and apply fundamental concepts and skills of the unit, going beyond mere replication of content knowledge or skill to show understanding of key ideas, awareness of their relevance, some use of analytical skills, and some originality or insight.
COMMENT: Learning involves not only knowing principles or concepts but also the ability to apply them to a real-life situation. In Part A, the ability to imagine a system that meets the requirements of a 3-part legal system will show this. In Part B, the quality of the comparison and contrast of the legal systems will show this. In Parts C and D, the ability to present legal research in a clear and user-friendly way will show this.
P 50-64% Demonstrates the learning outcomes of the unit, such as knowledge of fundamental concepts and performance of basic skills; demonstrates sufficient quality of performance to be considered satisfactory or adequate or competent or capable in relation to the learning outcomes of the unit.
COMMENT: Students who get a mark in this range usually demonstrate some knowledge of principles and concepts, but do not explain or apply them accurately. Answers often look like little more than a summary of what someone else has written.
F 40-49% Fails to demonstrate the learning outcomes of the unit.
COMMENT: Students in this range usually make some effort to perform the assignment task but fail to achieve what is prescribed for a Pass.
Low F 40% COMMENT: Students in this range usually fail to properly carry out the instructions or fully perform the tasks specified in the assessment.