AUSTRALIAN COMMERCIAL LAW
TERM 2, 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, C and D.
Due date: 11.45pm, 7 September 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 lastminute 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 (5 marks- 300-400 words)
Using the resources of Module 1 and Workshop 1 in Week1 your tribe developed a constitution. A few years later a group of 20 families from a nearby area who speak your language join your tribe and do not know the rules of the tribe. Explain how you would introduce and enforce the rules of the constitution for the benefit of this new group and your tribe. Be sure to refer to Hart’s analysis of legal rules in the answer.
PART B (15 marks- 700-900 words)
“If a legal system in Australia under which people and businesses operate and live is to be effective and have widespread acceptance a number of key features should be present.” What features of the Australian legal system could be relevant here. Use requirements for Hart’s 3 part legal system as a starting point. Apply examples from the Australian legal system to support the analysis.
PART C (10 marks- 600-800 words)
In this part, your task is to research an Australian case relating to the common law part of the essential element topic of genuine consent and report to your supervising partner (your boss!) on the significance of the case to the Australian law of contract. The contracts’ topics can assist, particularly areas of Week 6 resources.
Contract law requires that parties enter agreements freely and voluntarily. Your choice must be an Australian case referred to in either the textbook or the Class Notes. Please note that some cases in the Class Notes are not in the textbook may be found in alternative textbooks on Business Law, Contracts’ Law or Commercial Law. The resources at the end of Chapters 1 and 2 of the Turner text may assist as could websites such as www.austlii.edu.au Your assignment must include a full reference for the 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’s decision:
-Identify the common law legal issues in dispute. What were the broad areas of contract law that are relevant here
-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 the problem. Be sure to consider the remedy or remedies for the successful party.
PART D (10 marks- 600-800 words)
Ram is an Australian businessman who owns three coal mines in northern Queensland. He has a 10 year contract with Betty to supply her 400 tonnes of coal on or before the 20th day of each month of the contract. Betty uses the coal in her steelworks.
The contract started in 2014 and has proceeded smoothly.
However on 31 July this year Ram realises that because of heavy rains in the past two weeks all of Ram’s mines are flooded and he will not be able to supply Betty the contracted amount of coal from August to December 2017.
He communicates the bad news to Betty on 31 July. In fact he will not have any coal to supply to Betty until January 2018 and he advises her of this.
Advise Betty using the IRAC method what choices she has. Is she entitled to terminate the contract What do you think she would do in these circumstances Be sure to comment on possible remedies. You do not need to discuss the formation of a contract topic here. Assume that a valid enforceable contract exists between the parties.
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 an organised way these matters:
-Identify the common law legal issues in dispute. What are the broad areas of contract law that are relevant here
-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 not always one clear way.
-Conclusion and remedies- after the above stages reach a conclusion on the facts of the problem. Be sure to consider possible remedies for the innocent party.
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
4 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 in Parts A, 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 C, 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. Parts C and D should use the IRAC method at a high standard.
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 use and implement a system that meets the requirements of a 3-part legal system will show this. Part B should demonstrate the ability to present legal research and Parts C and D should show legal problem solving in a clear and userfriendly way.
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
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