CASE STUDY (30%)
The case study which students are required to resolve using the four step process is set out below on pages 5 and 6. 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 the Australian legal system.
You will have to listen to the four step process vodcast in the assessment folder on blackboard prior to attempting this assignment. Please note also that the information contained in the course materials (the text book, E- tutorials and seminar materials) are sufficient when completing your assignment. It is not necessary to research beyond these materials for the purpose of completing this assignment.
• The fact scenario used in this assignment is fictitious.
• Students are to focus on answering the assignment question with reference to the materials covered in topic 3. 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 legislation or case law 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 material for topic 3. You may also want to review the materials on referencing that were provided for the first assignment.
The case study is made up of two (2) four step process questions. Each is worth fifteen (15) marks. The four step process marking rubric for each question is as follows:
Identify the legal issue No marks specifically (as this is usually stated in the question)
Explain the rule(s) of law with reference to relevant authority. 8 marks available
The rules of law explained must be specifically applied to the facts so a solution can be found. 6 marks available
A logical conclusion should flow from the above steps No marks specifically available
Overall use of the four step process, structure of the answer and referencing. 1 mark available
In relation to the marks allocated for the overall use of the four step process, structure of the answer and referencing, 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 where 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, the student would be awarded a pass mark for this part of the assignment, i.e. 0.5 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 incidents are 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 consult the unit outline and PowerPoint slides on referencing located on the Business Law 100 Blackboard site for more information.
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 (pdf 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 Blackboard under the Assessment tab) must be attached to the assignment
• 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 question one and two) should be a minimum of 500 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 3,500 words and will result in a ZERO mark.
The word count does not include the following:
• cover sheet;
• in-text referencing; • referencing list; and • headings.
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 1PM (WST) on the Friday of the week the assignment is due, i.e. Assignment two is due Friday, 13 October 2017 by 1PM (WST).
Students are required to submit their assignment to Blackboard through a link provided in the ‘Assessment’ folder titled ‘Assignment two’. The assignment will automatically be submitted to the plagiarism detection program, Turnitin.
Students are given the option to submit draft versions of their assignment into Turnitin (via Blackboard) to retrieve an originality report for their assignment. To submit a draft assignment, students should upload their draft assignment to Blackboard through the ‘Assignment two’ link referred to above. Students are allowed to submit multiple drafts through that link. If one or more draft assignments are submitted by a student through that link, the last version of the assignment that a student uploads before the due date / time will be taken as the final version of their assignment, which will be marked for assessment purposes.
For more information about the submission process or Turnitin, please refer to the detailed submission instructions on Blackboard within the ‘Assessment’ folder.
Feedback on assignments
All of the teaching staff are available to assist you with your learning in this unit. You should contact your lecturer if you need help understanding the course material or issues arising in the assignment. There is also a staffed discussion board available for students. It is often helpful to share ideas and problems with other students using this forum. You can also contact the unit coordinator if you are still unable to get the answer you are seeking. Please allow 48 hours (two working days) for a response to your query.
Unfortunately it is just not possible for the teaching staff to review draft assignments for comment before submission as it is in effect double marking. If you require help with your assignment, either narrow the question or section of work to specific questions.
This assignment will be marked using a rubric. In providing feedback to students using this rubric, markers will detail an answer guide and individual 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.
Assessments 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.
Isabella loves to collect film and television memorabilia. She has assembled a large number of interesting items including a collection of original images and replica costumes from the 1960’s and beyond. Isabella is a teacher at a Perth High School. She has saved enough money over the past year for a trip to Europe where she hopes to visit the London Weekend Television Studios in the U.K and the CineCitta film studio in Rome, Italy. She plans to purchase more memorabilia whilst on holiday and go on speciality tours of film and television series sets. On Monday morning she telephones her sister, Siena who runs a travel agency that specialises in themed tourism called UberTour Pty Ltd in order to organise the trip including flights and accommodation. Siena sends the following email to Isabella at 11am Monday:
UberTour can supply airline tickets to the United Kingdom and Italy and accommodation in London and Rome which will allow you to attend a number of locations of interest and also have the opportunity to buy merchandise in addition to general shopping and sightseeing. You will arrive on Friday the 22nd of September and remain in the United Kingdom and Europe for a three week period. The price is $9700. If this is suitable please confirm by email before 12noon Wednesday as flights and accommodation are becoming scarce.
Kind regards Siena
Isabella sends an email to Siena at 1130am Wednesday thanking her and confirming that she will take the tickets and accommodation. She also books two other tours online. One is a tour of ‘London by Horse and Carriage’ including a visit to the Tate Modern Art Gallery and the London Eye along with a tour of Historic Rome including a meal on the famous Via Veneto which was a street setting utilised in one of her favourite films of the 1960’s. What Isabella doesn’t know, however, is that Siena is having a long standing argument with her internet provider, Bodo Telecommunications who withdrew services on Tuesday afternoon and will not provide internet access until she pays her overdue account.
As a result, Siena did not see Isabella’s email on Wednesday morning. Siena paid the overdue account a few days later and read the email as soon as her service was reconnected on Friday evening. Unfortunately, she can now no longer provide the package at the quoted price of $9700 for the original dates. She advises Isabella who is by now extremely upset and disappointed as she paid for the two city tours by credit card and they cannot be rescheduled. Moreover, she had also expected to take advantage of school holidays which is a convenient time for her to go overseas and had organised accommodation for her dog, Nikki in a kennel for the period of her absence. Siena can, however, provide another similar package for Isabella in August next year for the discounted price of $10900. Siena says this is a good price as they are family.
1. Using the 4 step process, consider whether the element of agreement required for the formation of a legally enforceable contract has been satisfied in the above scenario involving Isabella and Siena.
2. Using the 4 step process, also consider whether the remaining formation elements of intention and consideration have been satisfied in the above scenario.