代写 BTF1010 Business Law

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    BTF1010 Business Law
    Semester 1, 2016
    Memo for Mid-semester Assessment
    1
    Due Date
    The mid-semester assessment is due on Friday, 8 April at 13.00. It can only be
    submitted online through Turnitin. Remember that Turnitin will only become
    available once you agree to the Plagiarism Declaration online on our Moodle site.
    Note that the system does allow for earlier submission.
    Return Date
    We expect that we will be able to return the assessment in your allocated tutorials
    in week 8. Alternative arrangements will be announced on Moodle in case you will be
    unable to collect it in your allocated tutorial.
    Value
    This assessment task is worth 20% of your result in the unit.
    Format
    The paper should be typed with 12 pt character – any fonts type - and 1.5 line
    spacing fully justified paragraphs and 3cm margins on A4 pages.
    Your word limit is 1,000 words. For every 10% - or part thereof – that you go
    beyond the word limit you will attract a penalty of 0.5 points.
    The first page is a title page which includes:
    • your name;
    • student ID;
    • tutorial day & time;
    • tutor’s name; and
    • word count.
    This is to be followed by the first page of the assessment (numbered pg 1 – the title
    page is not numbered).
    Your assessment must be all in one document only, preferably in .pdf format, but
    acceptable as a .doc or .docx if you can't create a pdf. No other formats will be
    accepted.
    References
    Cases can be referred to by just using the parties names, i.e. Donoghue v Stevenson
    or its commonly used ‘nickname’ such as Snail in a Bottle. Make sure that we can
    identify the case though.
    Statutes can be referred to by their short name, i.e. Australian Consumer Law or ACL.
    No other references are needed or should be used, in particular referencing
    powerpoints or the textbooks is not acceptable. The only acceptable sources
    are cases and statutes for this assessment.
    2
    Plagiarism, Collusion etc.
    You will have to fill in the Plagiarism Declaration before you can submit the
    assessment.
    Intentional plagiarism or collusion amounts to cheating under Part 7 of the
    Monash University (Council) Regulations.
    Plagiarism: means taking and using another person’s ideas or manner of expressing
    them and passing them off as one’s own. For example, by failing to give appropriate
    acknowledgement. The material used can be from any source (staff, students or the
    internet, published or unpublished works).
    Collusion: means unauthorised collaboration with another person on assessable
    written, oral or practical work and includes paying another person to complete all or
    part of the work.
    Where there are reasonable grounds for believing that intentional plagiarism or
    collusion has occurred, this will be reported to the Chief Examiner, who may disallow
    the work concerned by prohibiting assessment or refer the matter to the Associate
    Dean, Teaching and Learning.
    In short, the declaration will provide evidence that you read and agreed to the
    following information:
    • I have read the University’s Student Academic Integrity Policy and the University’s
    Student Academic Integrity: Managing Plagiarism and Collusion Procedures.
    • I understand the consequences of engaging in plagiarism and collusion as
    described in Part 7 of the Monash University (Council) Regulations.
    • I have taken proper care of safeguarding this work and made all reasonable effort
    to ensure it could not be copied.
    • I acknowledge that the assessor of this assignment may for the purposes of
    assessment, reproduce the assignment and:
    i.  provide to another member of faculty; and/or
    ii.  submit it to a plagiarism checking service; and/or
    iii.  submit it to a plagiarism checking service which may then retain a
    copy of the assignment on its database for the purpose of future
    plagiarism checking.
    • I certify that I have not plagiarised the work of others or participated in
    unauthorised  collaboration  when  preparing  this  assignment.
    3
    Submission Details
    The mid-semester assessment can only be submitted online through Turnitin.
    Remember that Turnitin will only become available once you agree to the Plagiarism
    Declaration online on our Moodle site. Note that the system does allow for earlier
    submission.
    Penalties for Late Lodgement
    In line with the department’s late policy, for more than 59 minutes a 10% reduction
    per calendar day is applicable. Meaning for every calendar day, or part thereof, that
    the assessment is late, it will attract a penalty of 2 points.
    Special Consideration
    Submissions for a special consideration, i.e. extension of time, must be presented in
    writing.  The  special  consideration  form  is  available  at
    http://www.monash.edu/__data/assets/pdf_file/0006/277152/in-semester.pdf
    Please note that the form and the evidence may be send electronically.
    Applications for special consideration must be approved by the Chief Examiner,
    Dr. Kerstin Steiner. Extensions will not be granted by your tutor!
    Extensions will only be granted with current and legitimate proof – current medical
    certificate, counsellor’s certificate or other appropriate documented evidence. You
    should refer to the following website for detailed information concerning special
    consideration, http://www.monash.edu.au/exams/special-consideration.html
    The Chief Examiner reserves the right to deny an extension if proof of incapacitation
    is not sufficient.
    Students should back-up their work in multiple ways to ensure issues of disk
    corruption and loss of work are minimised. Extensions will not be granted for loss of
    work, disk corruption, or internet connection problems.
    Learning Objectives Assessed
    This assessment task is designed to test your achievement of assessing legal risks in
    the area of non-contractual risks and obligations.
    4
    Marking Criteria
    Very High
    High
    Pass
    Low
    Not shown
    1. Interpretation
    and Analysis
    Fulfils the task and answers
    correctly.
    Fulfils  the  task  and
    answers mostly correctly.
    Partially fulfils the task
    and answers somewhat
    correctly.
    Does not fulfil the task and
    answers mostly incorrectly or
    vice versa.
    Does not fulfil the task
    and answers incorrectly.
    Identifies the salient case
    law or statutory law.
    Identifies most relevant
    case law or statutory law.
    Identifies some relevant
    case law or statutory law.
    Fails to identify salient case
    law or statutory law.
    Fails  to  identify  or
    dismisses relevant case
    law or statutory law.
    Identifies  the  salient
    arguments for and against
    a position.
    Identifies most relevant
    arguments for and against
    a position.
    Identifies some relevant
    arguments for and against
    a position.
    Fails  to  identify  salient
    arguments for and against a
    position.
    Fails  to  identify  or
    dismisses  relevant
    arguments for and against
    a position.
    2.
    Communication
    Appropriate  use  of
    discipline specific language
    with sound understanding
    of the underlying concepts.
    Use  mostly  discipline
    specific  language  with
    occasional
    misunderstandings in the
    understanding.
    Use  some  discipline
    specific language which is
    sometimes incorrect.
    Use some discipline specific
    language  albeit  incorrectly,
    lacks understanding.
    Use mainly lay language
    and  understanding  not
    communicated.
    Presentation  format  and
    style engaging and highly
    appropriate  for  the
    audience.
    Presentation format and
    style mostly appropriate
    for the audience.
    Presentation format and
    style sometimes engaging
    and appropriate for the
    audience.
    Presentation format and style
    lacks  engagement  and  is
    mainly inappropriate for the
    audience.
    Presentation and format
    not engaging and not
    appropriate  for  the
    audience.

    代写 BTF1010 Business Law
     
    3. Structure Logical flow of ideas and
    content  in  the  right
    sections.
    Mostly well structured and
    content mostly in the right
    section.
    Used  structure  and
    content sometimes in the
    illogical area.
    Used  structure  though
    contents mostly in the wrong
    area.
    Lack of structure
    Coherence between and
    within sections.
    Mostly coherent between
    and within sections.
    Some coherence between
    but sometimes not within
    sections or vice versa.
    Some coherence between but
    mostly not within sections or
    vice versa.
    Lack of coherence within
    and between sections.
    Title  and  headings  are
    present, clear, reflect on
    and relate to each other.
    Title and headings are
    present and mostly clear,
    reflect on and relate to
    each other.
    Title and headings are
    present, but require some
    refinement.
    Title and headings may be
    present but require refinement
    and/or may not relate to each
    other.
    Title and headings are not
    present.
    4.  Evaluation
    and Conclusion
    Thoughtfully  evaluates
    alternative points of view.
    Offers  evaluations  of
    alternative points of view.
    Some  evaluation  of
    alternative points of view.
    Superficially  evaluates
    alternative points of view.
    Ignores alternative points
    of view.
    Draws justified conclusions
    based on clearly explained
    reasons.
    Draws justified conclusion
    on  mostly  explained
    reasons.
    Draws  justified
    conclusions  based  on
    some evidence.
    Draws unjustified conclusions
    based on little evidence.
    Draws  irrelevant  or
    unjustified conclusions.
    Please note that the marking criteria do not carry equal weight. Furthermore, some of them might not be applicable to a particular question. So they are only
    indicative as to how you went overall in the assessment task not a specific question.
    5
    Scenario: Clean Aqua
    Clean Aqua Pty Ltd has developed a technology for treating industrial waste streams that can
    recover about 97% of the water content, and up to 99% of mineral salts and other solids, for
    re-use. This technology has been tested successfully in aluminium smelters, biofuel plants,
    and other demanding applications. The first commercial installations will be made in the first
    half of this year.
    The next step in the company’s plan is to market a domestic appliance for residential use of its
    technology. It has developed a small home appliance which it has named Clean Aqua. Clean
    Aqua treats “grey water” waste streams from homes, dormitories, hotels, apartment blocks,
    and other accommodation to produce water for use in gardens, swimming pools, toilets,
    washing machines and dish washers, and perhaps basins, showers, and troughs. A home
    appliance can be coupled with a solar hot water heater, air conditioner, or even a refrigerator.
    At first, a small batch, of home Clean Aqua appliances are produced and marketed. The
    appliances come with a warning on the package which says:
    Warning: Water produced by Clean Aqua is not fit for oral consumption.
    Water produced by Clean Aqua is only suitable for use in gardens,
    swimming pools, toilets, clothes and dish washers.
    One of the retailers of Clean Aqua, called EnviroPro Pty Ltd, sells a ‘display model’ of a home
    Clean Aqua appliance to a customer after it runs out of packaged models. They no longer
    have the packaging for the home Clean Aqua appliance so they wrap it in recycled paper and
    hand it to the customer who is very excited with their purchase.
    The customer takes the Clean Aqua appliance home, installs it and begins using the water
    produced by it for drinking and cooking as they have not read the warning. The customer
    subsequently falls sick with mild dysentery, misses approximately five weeks of work and
    develops Irritable Bowel Syndrome which will impact upon their long term quality of life.
    1. What are the legal risks that Clean Aqua Pty Ltd is facing under statute law for the
    product, that is the home Clean Aqua appliance? 10 points
    2. What are the legal risks that Clean Aqua Pty Ltd is facing for naming the product ‘Clean
    Aqua’ under
    a. common law; and 5 points
    b. statute law 5 points
    IMPORTANT INSTRUCTIONS
    Please note that the discussion for all those questions is limited to non-contractual
    risks.
    You will have to answer ALL questions.
    Please note that if the facts do not warrant a discussion of all the elements of a legal
    risk, only the relevant elements should be discussed.

    代写 BTF1010 Business Law