1LAWS20058 – AUSTRALIAN COMMERCIAL LAWTERM 1, 2018 – ASSESSMENT 1 – INDIVIDUAL ASSIGNMENTMarks:…

1LAWS20058 – AUSTRALIAN COMMERCIAL LAWTERM 1, 2018 – ASSESSMENT 1 – INDIVIDUAL ASSIGNMENTMarks: 40% of the overall assessment for the courseSubmission: Online via MoodleFormat: One file in .doc or .docx (MS Word) format.Submissions in any other file format (e.g. .zip) will betreated as a non-submission.Your file should contain:Cover sheet – Contains your name, student number andword counts for Questions 1, 2 and 3.Part A – Answer to either Question 1(a) OR Question 1(b)Part B – Answers to Questions 2 and 3Part C – Link to YouTube video.References should be footnoted, using the AustralianGuide to Legal Citation. There should be no need for aconcluding Reference List or Bibliography.Due date: 11.45pm, Thursday 3 May 2018 (Week 8)Word limit: Word limits are set out below for each question.Extensions policy:The university policy on extensions of time will be strictly enforced. Extensions will only beconsidered if made via the online system and must be based on medical or compassionategrounds. Any extension application should be made before the due date for submission.Medical conditions should be supported by a medical certificate, and, since students areexpected to start the assignment early, temporary or last-minute conditions are usually notgrounds for an extension. Professionals are expected to manage their time to meet theirobligations, so work or personal commitments are insufficient grounds for an extension.Plagiarism:The university’s plagiarism policy will also be strictly enforced. If plagiarism is found, aminimum penalty is likely to be zero marks for the assessment. It could be worse.2PART A (10 marks – 600-800 words)You must choose ONE of the following questions:EITHER:Question 1(a)Provide a summary of the constitution that your tribe developed in Workshop 1, Tasks 1 and2, explaining how it addresses the requirements for Hart’s 3-part legal system. Then compareit to how the Australian legal system addresses the same requirements.OR:Question 1(b)Research a legal system of a foreign country and explain how it addresses the requirements ofHart’s 3-part legal system. Then compare it to how the Australian legal system addresses thesame requirements.NOTE: In either of these questions, you can assume that the marker knows what Hart’s 3-partlegal system is, so you do not have to explain it – you just need to apply it correctly.PART B (20 marks)Barry was sick of his day job, and wanted to buy a business so he could become his ownboss. He saw that a fruit and vegetable store was up for sale at his local shopping village.The owner had posted an advertisement on the notice board at the shopping village asfollows:Highly profitable venture in bustling suburban shopping centre with turnover of $20,000 permonth. No competitors. $250,000 plus stock-in-trade. Ring Angelo on 0434 123 456.Barry telephoned Angelo and asked about the store. He asked what the expenses of thebusiness were, and Angelo told him that they were $8,000 per month. Barry liked what hehad heard, so he decided to check out how busy the shopping centre was. On the weekend,when he wasn’t working, he went to the shopping centre a few times and noticed that it wasopen all day Saturday and Sunday and was busy most of that time. He negotiated withAngelo and eventually agreed to buy the business for $200,000. To save money, he did nothire a lawyer, and signed a contract which included the following term:3The sale includes the following plant and equipment:Item ValueDelivery van $15,000Loader $2,000Barry paid for the business and took over running it on 1 January 2018. When he took overthe store, he discovered the following problems:(a) Although the shopping village was busy on the weekends, it was very quiet during theweek. In the first two months the turnover was only $13,000 per month.(b) There was a grocery store in the shopping village that sold a wide range of fruit andvegetables.(c) After six weeks, a man from a finance company arrived at the shop and repossessedthe delivery van. It turned out that the van was only leased by the previous owner,and since Barry had not made the lease payments, the lease was in default. Barry’sexpenses at the shop had been below $8,000 per month, but if he had paid the vanlease, the expenses would have been on average about $8,500 per month.(d) The loader, which was a small motorised machine for putting pallets on and off theback of the van, was broken down and could not be fixed for less than the cost ofreplacing it.You are providing a written report to your supervising partner. To impress him, you want toshow that you worked hard at university by demonstrating your knowledge of law and yourability to use it. You need to provide a written report providing the following advices.Question 2 (10 marks, about 800 words)Advise how Barry might challenge the validity of the contract on the basis of the statementsmade by Angelo before the contract was entered into. You should consider both commonlaw and statute law.4Question 3 (10 marks, about 800 words)Assuming Barry does not get out of the contract, advise on the possibility of an action forbreach of contract.NOTE: These are questions where the focus is on your reasoning processes, so you shoulduse the IRAC method. You do not need to repeat the facts unnecessarily, so only refer to thefacts of the case to support your argument. Also, only refer to cases to illustrate or support thelegal points you are making or the argument you are putting. If you do refer to cases, youneed to demonstrate how they are relevant to the facts or argment. Your supervising partnerwill not be impressed by you simply reciting law without purpose.PART C (10 marks – YouTube video no more than about 6 minutes in length)In this part, your task is to take the advices you gave to your supervising partner in Questions2 and 3 and present them to your client, Barry, in a way that he can understand. You DO needto explain to him what the law is and how it leads to your recommendations, but it must bepresented in a way that a client without legal training can understand. The report must bedone as a YouTube video and the link for the video must be included in your assignment. Thevideo must be set so that the marker can view it. If the link does not work for the marker,you get no marks for this part.Your face must appear in the video. You should not be reading from a script, but you can usenotes to prompt your talking.MARKINGAll parts of the assignment will be marked in accordance with the university’s Gradesprocedure (which can be accessed via the Unit Profile). The following marking rubricincorporates that procedure.THE MARKING RUBRIC IS ON THE FOLLOWING PAGE5GRADE MARK GRADING APPROACH for assessingproblem-solving skills, critical thinking and information literacyHD 85%+ Demonstrates imagination, originality or flair, based on proficiency in all thelearning 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 someoriginal insights, and formulated their answer in a tight, efficient, thoroughlyprofessional manner. Their explanations and arguments will have a stronglogical flow and be convincing. Their research, particularly in Part B, willbe thorough.D 75-84% Demonstrates awareness and understanding of deeper and less obvious aspectsof 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 newsituations, and ability to invent and evaluate new ideas.COMMENT: The student will demonstrate this by achieving all the outcomesfor a Credit, but also some of the imagination, originality or flair required fora High Distinction. In Part A, the student will show some insight in comparingthe two legal systems. In Part B, the student will demonstrate strongadherence to the IRAC method and some insight in the analysis of theproblems. In Part C, the student will demonstrate a high level of skill intranslating their legal advice into user-friendly terms for the client.C 65-74% Demonstrates ability to use and apply fundamental concepts and skills of theunit, going beyond mere replication of content knowledge or skill to showunderstanding of key ideas, awareness of their relevance, some use ofanalytical skills, and some originality or insight.COMMENT: Learning involves not only knowing principles or concepts butalso the ability to apply them to a real-life situation. In Part A, the quality ofthe comparison and contrast of the legal systems will show this. In Part B, theability to IRAC in a consistent and competent manner is required. In Part C, aclear and concise oral advice will be necessary to achieve this grade.P 50-64% Demonstrates the learning outcomes of the unit, such as knowledge offundamental concepts and performance of basic skills; demonstrates sufficientquality of performance to be considered satisfactory or adequate or competentor capable in relation to the learning outcomes of the unit.COMMENT: Students who get a mark in this range usually demonstrate someknowledge of principles and concepts, but do not explain or apply themaccurately. Answers often look like general descriptions provided with littlethought or insight. In Part C, the advice to the client would be unclear and/orconfusing in parts, but satisfactory.F 40-49% Fails to demonstrate the learning outcomes of the unit.COMMENT: Students in this range usually make some effort to perform theassignment 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 theinstructions or fully perform the tasks specified in the assessment.

 

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