(3) demonstrate familiarity with the formal and informal institutions and processes which shape the.

(3) demonstrate familiarity with the formal and informal institutions and processes which shape the development of Australian law; (7) engage in academic research utilising and acknowledging a variety of sources. Task Instructions 1) Carefully read the following scenario which provides a summary of the facts ascertained from a fictional client, Sandra Skin. Bonnie Bouquet is the sole director of a company known as Bonnies Bouquet Pty Ltd which operates in the state of Victoria and specialises in the sale of skin care products including face wash and moisturisers. Bonnies Bouquet Pty Ltd has recently developed a new range of products which utilise the natural scents of a range of native Australian flora. Bonnie instructs the manufacturer to make product labels which list the ingredients in each product. She provides the manufacturer with a list of ingredients in Latin for each of the plant extracts used and the remaining ingredients in English. However, she fails to provide the details of the colour additives used in the products for the label information. Bonnie Bouquet advertises 10,000 of her new range of products on an online auction site for wholesale sale at the minimum price of $20,000 with the highest bidder by 5:00pm that day to win the auction. Sandra Skin, the sole trader of a beauty salon business known as SS Skin which operates in a small town in Victoria, makes the winning bid of $30,000. The terms and conditions of the auction are that the buyer is to pay the seller within 10 days and that the goods are to be delivered to the buyer within 30 days. After 9 days, Sandra transfers the sum of $30,000 to Bonnies Bouquet Pty Ltd and awaits the goods to be delivered to her shop. At that time, the manufacturer had made 5,000 products with the labels as instructed by Bonnie. In the meantime, Bonnie checks the Product Safety Australia Mandatory Standards and realises that the list of ingredients should all be written in English. She is in desperate need of cash to rectify the labelling problem, and telephones Sandra, and says words to the effect of: If you can refer me 5 other customers by the end of the week, Ill get you the goods on time. Sandra tries her hardest to refer customers to Bonnies Bouquet Pty Ltd but only manages to refer one friend. She gets nervous about whether or not she will receive the goods. When Sandra calls Bonnie back, Bonnie says to her words to the effect of: Our existing contract will have to be terminated if you cant get more 4 more customers Sandra. 30 days after the online auction, 5,000 goods arrive at Sandras place of business. Sandra inspects them, and realises that many of the ingredients on the label are not written in English. She is furious, and telephones Bonnie immediately, saying words to the effect of: You have no idea what youre doing, Bonnie! I wont accept these goods. Give me a full refund immediately and Im not referring anyone to you. Sandra is seeking advice about any possible methods of recourse against Bonnies Bouquet Pty Ltd at common law, equity and statute law. 2) Research the law that arises from these facts. The areas of law the facts primarily relate to are: a) Contract law together with remedies in contract law and/or equity; b) Duress in equity and/or coercion statutory competition law; c) Misleading and deceptive conduct together with public enforcement action in statutory competition law. 3) Locate the following sources as a starting point for your research: [Please note that if using any of these sources in your Annotated Bibliography that you will need to format these in accordance with the AGLC style for entries in a Bibliography. See pages 33 to 35 of the AGLC for details] a) B Sweeney, J OReilly & A Coleman, Law in Commerce (6th ed, 2016), Chapter 4: Making the Contract: Offer and Acceptance [4.22] (Which is provided as Required Reading 3.7). b) B Sweeney, J OReilly & A Coleman, Law in Commerce (6th ed, 2016), Chapter 8: Remedies in Contract Cases [8.2] [8.17-8.24]; [8.38]; [8.46] (Which is provided as Required Reading 3.8). c) J Paterson, Consumer Affairs: Introducing the new, National Australian Consumer Law Alternative Law Journal 2011 36(1), 50. d) Office of Consumer and Business Affairs, Factsheet for business: Misleading and unconscionable conduct n.d. https://www.cbs.sa.gov.au/assets/files/ACLFactsheetMisleading.pdf e) C Beaton-Wells, Private Enforcement of Competition Law in Australia Inching Forwards? Melbourne University Law Review (2016) 39, 681-737. Please note that these materials contain more than is relevant to the facts of the scenario. Part of your task is to analyse which parts of these materials are relevant. 4) Compile an Annotated Bibliography in which you: a) Select the most relevant ten sources of law (which may include source(s) already provided) as a result of your research and analysis of the relevance of the materials located. NOTE: Further sources may be included in the text of the materials already provided. If you go on to locate the sources beyond reading about them in the materials provided, you can include them as separate sources in your Bibliography. For example, if a textbook chapter refers to the case of Car & Universal Finance Co Ltd v Caldwell [1965] 1 QB 525 (UK Court of Appeal), and you go on to locate the full text of this case, you may use this case specifically as a source in your Bibliography. b) Accurately reference all materials in the Bibliography adhering to the referencing conventions of the Australian Guide to Legal Citation (3rd ed, 2010) (AGLC) [Note: These references are not included in your word count]. c) Provide details of how you located each source contained in your Bibliography in a short list underneath each source [Note: These lists are not included in your word count]. NOTE: Please document your research in an abbreviated list form. Make sure your method is clear and briefly outlines each of the steps taken to locate the information. d) Provide an initial analysis of the relevance of each selected source in relation to the scenario in a paragraph underneath each list. In addition, you are required to integrate a description of the legislative function of Australian parliaments and/or the judicial role of Australian courts where relevant in your analysis [Note: These paragraphs are included in your word count]. NOTE: You should paraphrase the main ideas found in each source as much as possible, and only integrate brief quotations within the body of your paragraphs if necessary. For the purposes of this Annotated Bibliography, you will not need to provide a reference (via a footnote) for any paraphrased ideas, but will need to do so for any quotations. 5) Read the instructions for Task II to ensure you understand the progression between your assessment tasks. Task I is an initial research task; Task II is an essay which draws on your initial research and analysis. 6) A suggested template is provided in this document for you to prepare your Annotated Bibliography in. Please ensure that your document for submission contains the Cover Sheet as your front page and then only your Annotated Bibliography after the Cover Sheet. FINAL NOTE: Ensure you address all aspects of the marking criteria in your response. Task I Marking Criteria Null (0%) Major Fail (20%) Fail (40%) Basic Pass (50%) Pass (60%) Credit (70%) Distinction (80%) High Distinction (90%) Outstanding (100%) 1. Identified which legal research tools are most appropriate for particular research purposes (10%) 2. Found primary sources of law in relation to law in its statutory mode and law in its adjudicative mode using a number of different approaches (20%) 3. Updated primary sources of law (10%) 4. Found casenotes, statute notes, extrinsic materials and/or other secondary sources to help understand primary sources of law (20%) 5. Integrated descriptions of the legislative function of Australias parliaments and the nature of the judicial role of Australias courts where relevant in an analysis (10%) 6. Demonstrated familiarity with the formal institutions and processes which shape the development of Australian law (10%) 7. Provided an initial analysis of the relevance of sources of law based on the facts of a scenario (10%) 8. Used footnotes (where appropriate) and prepared a bibliography to accurately reference the materials referred to (10%) GRADING STANDARDS Fail: The student’s performance fails to satisfy the learning requirements specified. Pass: The student’s performance satisfies all of the basic learning requirements specified and provides a sound basis for proceeding to higher-level studies in the subject area. The student’s performance could be described as satisfactory or adequate or competent or capable in relation to the learning requirements specified. Credit: The student’s performance, in addition to satisfying all of the basic learning requirements specified, demonstrates insight and ability in analysing and applying relevant skills and concepts. The student’s performance could be described as better than satisfactory or adequate or competent or capable in relation to the learning requirements specified. Distinction: The student’s performance, in addition to satisfying all of the basic learning requirements, demonstrates distinctive insight and ability in analysing and applying relevant skills and concepts, and shows a well-developed ability to synthesise, integrate and evaluate knowledge. The student’s performance could be described as distinguished in relation to the learning requirements specified. High Distinction: The student’s performance, in addition to satisfying all of the basic learning requirements, demonstrates distinctive insight and ability in analysing and applying relevant skills and concepts, and shows exceptional ability to synthesise, integrate and evaluate knowledge. The student’s performance could be described as outstanding in relation to the learning requirements specified. ? Task I Annotated Bibliography For each source provide the following information in a separate table: Citation according to the Australian Guide to Legal Citation (3rd ed, 2010). Details of how the source was located in short list format. Initial analysis of the relevance of each selected source in relation to the factual scenario. Note that only the initial analysis is included in your word count. *Arrange your Bibliography in accordance with the details set out at pages 33 to 35 of the AGLC, including relevant headings. Place any relevant heading before the table with the formatting set out in the AGLC. ? Source 1 Citation according to the Australian Guide to Legal Citation (3rd ed, 2010). Details of how the source was located in short list format. Initial analysis of the relevance of each selected source in relation to the factual scenario. Source 2 Citation according to the Australian Guide to Legal Citation (3rd ed, 2010). Details of how the source was located in short list format. Initial analysis of the relevance of each selected source in relation to the factual scenario. Source 3 Citation according to the Australian Guide to Legal Citation (3rd ed, 2010). Details of how the source was located in short list format. Initial analysis of the relevance of each selected source in relation to the factual scenario. Source 4 Citation according to the Australian Guide to Legal Citation (3rd ed, 2010). Details of how the source was located in short list format. Initial analysis of the relevance of each selected source in relation to the factual scenario. Source 5 Citation according to the Australian Guide to Legal Citation (3rd ed, 2010). Details of how the source was located in short list format. Initial analysis of the relevance of each selected source in relation to the factual scenario. Source 6 Citation according to the Australian Guide to Legal Citation (3rd ed, 2010). Details of how the source was located in short list format. Initial analysis of the relevance of each selected source in relation to the factual scenario. Source 7 Citation according to the Australian Guide to Legal Citation (3rd ed, 2010). Details of how the source was located in short list format. Initial analysis of the relevance of each selected source in relation to the factual scenario. Source 8 Citation according to the Australian Guide to Legal Citation (3rd ed, 2010). Details of how the source was located in short list format. Initial analysis of the relevance of each selected source in relation to the factual scenario. Source 9 Citation according to the Australian Guide to Legal Citation (3rd ed, 2010). Details of how the source was located in short list format. Initial analysis of the relevance of each selected source in relation to the factual scenario. Source 10 Citation according to the Australian Guide to Legal Citation (3rd ed, 2010). Details of how the source was located in short list format. Initial analysis of the relevance of each selected source in relation to the factual scenario.

 

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