Business Law

It is not necessary to research beyond these materials for the purpose of completing assignments. NOTE: The fact scenario used in this assignment is fictitious. Students are to focus on answering the questions in Part A with reference to the relevant issues raised by the question as they arise from topics 4 and 5. 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 case law or legislation 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 materials for topics 4 and 5. You may also want to review the materials on referencing that were provided for the first assignment. Marking rubric The case study is made up of two (2) questions (1) and (2). Each is worth ten (10) marks. A further five (5) marks are allocated to how well the student has followed the four step process. In relation to the marks allocated for the overall use of the four step process and structure of the answer, 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 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, would be awarded a pass mark for this part of the assignment (2. – 3 marks). Part B – Short answer question One short answer question, worth 5 marks. This question will not necessarily relate to the case study. Part B will examine topic 3 and is set out below. 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 is 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 use Chicago Referencing. 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 Presentation Cover sheet (located on Blackboard under the ‘Assessment’ folder) must be attached to the assignment Introduction to answers, content of body and concluding comments 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

Word Limit The total assignment (meaning Part A and Part B) should be a minimum of 1,000 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. Please note that this is inconsistent with what was specified in the Unit Outline.

The word limit has been increased to assist students. With the increase in word limit, students can focus their attention on addressing the question, instead of concerning themselves with ensuring they write within the specified word limit. The word count does not include the following: cover sheet in-text referencing referencing list headings Submission 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 esult in a mark of ZERO. All assignments must be submitted by 4PM (Western Standard Time (WST)) on the Thursday of the week the assignment is due, i. e. Assignment two is due Thursday, 26 April 2012 by 4PM (WST). Students are required to submit their assignment to Moodle also to Turnitin. The assignment will automatically be submitted to the plagiarism detection programme, Turnitin. Feedback on assignments You should contact your allocated teaching assistant in the first instance if you need help understanding the course material or issues arising in the assignment.

Unfortunately it is just not possible for your lecturer to review draft assignments for comment before submission (in effect double marking). If you have questions relating to your writing style (grammar etc) we suggest that you make use of the resources available at the Curtin College. Lecturers will mark and return assignments within two weeks of their submission. Students will be provided with 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.

Assessment 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. PART A – Four step process (25 marks) Peter has just completed his final year of high school and did very well in his university entrance examinations. He has been offered a place in a Bachelor of Commerce degree. He needs to find a part-time job to help pay for his studies and secures a job as a courier in the city. Peter requires a bicycle for his new job.

Owning a bicycle will also mean that he has transportation to university when his classes begin. Peter has $5,000 in savings and intends to use this to purchase a state of the art bicycle, and his textbooks. Peter searches the internet for online bicycle stores as he has heard you can get good deals for second hand bikes online. Peter finds a very good selection on tourbikes. com. au (“tourbikes”). The bicycle that he likes is described as follows: “This is one of the most sought after bicycles we currently have in stock. It is the same model that was used by Cadel Evans when he won the Tour de France, a Cadel Evans ‘GF’.

This model is in short supply on the second hand market, and presents a rare opportunity for purchasers. This bicycle has been completely restored and refurbished. There are new tyres and a new chain. The seat is extremely comfortable and comes in a dashing green colour. This bike is a joy to ride. $6,000. Payment is due upon delivery. ” Peter really wants to purchase this bike but does not have sufficient funds for the bike and his text books. Peter wants to know a little more about the bicycle, so he telephones the owner and sole proprietor of tourbikes, Sally.

Peter asks what it means in the advertisement when it says the bike has been “restored and refurbished”. Sally responds: “That means we have ensured the frame of the bicycle is sound and it has been repainted. It also includes the refurbishment of the gears and replacement of any damaged spokes. ” Peter thanks Sally for the additional information and immediately emails tourbikes the following: “I would like to purchase the Cadell Evans ‘GF’ bike that is advertised for sale on your website. I believe that a second hand model is only worth $4,000 at best. Please advise if you are willing to sell me the bike (as escribed) for this amount by email by close of business tomorrow. I would also need you to arrange immediate delivery. ” Meanwhile Burt, a middle age cycling enthusiast, has also seen the bike advertised for sale on the tourbikes website. He is a Cadel Evans fan and also emails the tourbikes website at the exact same time Peter does: “Hi. I want to buy the Cadel Evans ‘GF’ bike you have listed for sale. I will pay you $5,000. ” Sally reads the emails as soon as they enter her inbox. She only replies to Burt: “Thank you for your interest in our product, the Cadel Evans restored bicycle.

I cannot sell such an amazing bike for so little. I will however accept $5,500. ” Burt does not respond until 4pm the following day: “Thank you for your response but I do not think the bike is worth that much. I am no longer interested. ” Sally really needs to sell this bike. She has outstanding accounts with her creditors and needs to make a payment of $4,000 within the next few days otherwise she runs the risk of the bank foreclosing on her mortgage. Sally checks the time and it is 4. 30pm. She notes she still has 30 minutes before 5pm and the close of business (COB).

She emails Peter: “Thank you for your interest in our product, the Cadel Evans restored bicycle. I will sell the bike to you for $4,000. I have organised immediate delivery. Payment of the $4,000 is due upon delivery as specified. ” The email enters Peter’s inbox at 4. 45 pm (15 minutes before COB). Meanwhile Peter is on orientation camp for university and does not have access to his emails for three days. When Peter returns home he checks his emails and sees the email from Sally. Peter emails Sally saying he is sorry but he is no longer interested in buying the bike.

He no longer wants to buy such a good bike for his job as a courier, as he has heard from friends it will just get wrecked. Just after he sends the email to Sally there is a knock on Peter’s door. It is the Cadel Evans ‘GF’ bicycle being delivered. The tourbikes employee is demanding $4,000. He tells the tourbikes employee he won’t accept the bike and he should take it back to Sally. Sally is furious that these customers keep changing their minds. Sally really needs to sell this bike and asks for advice. Question (1) 10 Marks Assume that the elements of intention and consideration required for the formation of a contract exist.

Using the four-step process, discuss whether the element of agreement required for the formation of a contract can be established. Can Sally claim that her business has an enforceable contract with either Peter or Burt? Peter has another change of heart and decides that he does want to purchase the bike after all. He signs the purchase agreement and pays $4,000 for the bicycle. The document states the bicycle is a Cadel Evans model “GF”, restored and refurbished with new tyres and a new chain. At the bottom of the document, but before the signing clause, there is also the following additional clause:

The Seller is not liable for any defect, malfunction or fault in the bicycle and the Buyer accepts all responsibility. Any guarantee given in relation to the goods is limited to the first thirty days after purchase. Peter is very proud of his new bike, but the bike does not work out quite as he had hoped. Once he took the bike out of its wrapping it was clear that it was not a “dashing green colour” but more of a murky greenish brown. The delivered bicycle was indeed a Cadel Evans ‘GF’, but whilst the bike frame and spokes had been restored and refurbished, it was clear that the gears ad not been. After only six weeks the bike became unusable because the gears would no longer function. The seat was tremendously uncomfortable, and the tyres were in fact re-treads, although the chain was new. The bike was not a joy to ride! This is disastrous for Peter as not only can he not get home from his late classes easily as the buses stop running, he cannot perform his job as a courier. He finds out from his friends at university that there are lots of these model bikes on the second hand market.

As Peter has used his savings on buying the bike and his textbooks for first semester, he has no way to purchase a replacement bike. Peter calls Sally at tourbikes. She says that as 30 days has passed since purchase and delivery they are unable to help Peter. Peter is very cross and thought he had agreed to various particulars with tourbikes, but they obviously have a different view. Peter wants to know what the terms of the contract are so that he can sue the seller for breach of the contract, although he is not sure he can do this because of the express term disclaiming liability for defects.

Question (2) 10 marks Using the four-step process, discuss what terms are expressly agreed in relation to the sale of the bicycle. In your answer be sure to discuss whether this includes the clause at the bottom of the document. You will also need to determine the status of any relevant terms, including whether they are a warranty or a condition. Students are reminded that they have been instructed to confine their answers for this assignment to topics four and five and NOT to consider the law in relation to performance, breach of contract or remedies.

PART B – Short answer question (5 marks) Can judges look outside an Act of Parliament for assistance in interpreting legislation? If so, in what circumstances? What specific material(s) can they refer to? Explain. The above is an example of a typical of short answer question you could be given in the final examination (albeit on a different topic). In the past we have found that students have answered the short answer section of the final examination very poorly, even though it is worth the same amount of marks as the four step process question.

This is an opportunity for you to attempt this type of question to receive feedback on what you did well and how you might improve next time. In this question the marker will be looking for more than just “yes” or “no” answers. For example, to answer this question well you will need to explain the difference between intrinsic evidence and extrinsic evidence used by judges when applying the purposive approach and give some examples of both. You will need to consider what else will need to be included.