Business Law ASSIGNMENT TWO CASE STUDY 代写
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Business Law ASSIGNMENT TWO CASE STUDY 代写
ASSIGNMENT TWO
CASE STUDY (30%)
The case study which students are required to resolve using the four step process is set out
below on pages 6 and 7. Students are required to apply the relevant legal concepts and
principles to analyse and solve the legal issues arising in the case study by explaining and
applying their knowledge of the legal principles and rules arising in the Australian legal
system.
You will have to listen to the four step process vodcast in the assessment folder on
blackboard prior to attempting this assignment. Please note also that the information
contained in the course materials (the text book, lecture and E-learning materials) are
sufficient when completing your assignment. It is not necessary to research beyond these
materials for the purpose of completing this assignment.
NOTE:
• The fact scenario used in this assignment is fictitious.
• Students are to focus on answering the assignment questions with reference to the
materials covered in topic 3. 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 legislation or case law 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 material
for topic 3. You may also want to review the materials on referencing that were
provided for the first assignment.
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Marking rubric
The case study is made up of two (2) four step process questions. Each is worth fifteen (15)
marks. The four step process marking rubric for each question is as follows:
STEP ONE
Identify the legal issue
No marks specifically (as this is usually
stated in the question)
STEP TWO
Explain the rule(s) of law with reference
to relevant authority.
8 marks available
STEP THREE
The rules of law explained must be
specifically applied to the facts so a
solution can be found.
6 marks available
STEP FOUR
A logical conclusion should flow from
the above steps
No marks specifically available
Overall use of the four step process,
structure of the answer and
referencing.
1 mark available
Business Law ASSIGNMENT TWO CASE STUDY 代写
In relation to the marks allocated for the overall use of the four step process, structure of
the answer and referencing, 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 where 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
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has gone before, the student would be awarded a pass mark for this part of the assignment,
i.e. 0.5 marks.
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
incidents are 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 consult the unit outline and powerpoint slides on referencing
located on the Business Law Blackboard site for more information.
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' tab) must be attached to
the assignment
• 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
3
Word Limit
The total assignment (meaning questions one and two) should be a minimum of 500 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.
The word count does not include the following:
• cover sheet;
• in-text referencing;
• referencing list; and
• 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 result in a mark of ZERO.
All assignments must be submitted by 1PM (WST) on the Monday of the week the
assignment is due, i.e. Assignment two is due Monday, 8 May 2017 by 1PM (WST).
Students are required to submit their assignment to Blackboard through a link provided in
the ‘Assessment’ folder titled ‘Assignment two’. The assignment will automatically be
submitted to the plagiarism detection program, Turnitin.
Students are given the option to submit draft versions of their assignment into Turnitin (via
Blackboard) to retrieve an originality report for their assignment. To submit a draft
assignment, students should upload their draft assignment to Blackboard through the same
‘Assignment two’ link referred to above. Students are allowed to submit multiple drafts
through that link. If one or more draft assignments are submitted by a student through that
link, the last version of the assignment that a student uploads before the due date / time
will be taken as the final version of their assignment, which will be marked for assessment
purposes.
For more information about the submission process or Turnitin, please refer to the detailed
submission instructions on Blackboard within the ‘Assessment’ folder.
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Feedback on assignments
All of the teaching staff are available to assist you with your learning in this unit. You should
contact your lecturer or tutor if you need help understanding the course material or issues
arising in the assignment. There is also a staffed discussion board available for students. It is
often helpful to share ideas and problems with other students using this forum. You can also
contact the unit coordinator if you are still unable to get the answer you are seeking. Please
allow 48 hours (two working days) for a response to your query.
Unfortunately it is just not possible for the teaching staff to review draft assignments for
comment before submission as it is in effect double marking. If you require help with your
assignment, either narrow the question or section of work to specific questions.
This assignment will be marked using a rubric. In providing feedback to students using this
rubric, markers will detail 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.
Assessments 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.
5
Carol is the principal founder of a business consultancy in Perth. She works in the business
full-time, and her business specialises in helping small to mid-size mining firms to improve
their operations and their market positioning.
One Friday afternoon, when Carol was having post work drinks with a group of colleagues,
she was approached by Max, one of her connections on LinkedIn who recognised her from
her profile picture. After exchanging pleasantries and talking briefly about what each other
were currently involved in, Max, who owns a self-help bookshop called Inspiration Is Us,
expressed to Carol that his business has experienced some hard times recently as people
have moved away from buying books from independent stores like his, to buying books
online or listening to audio books. Despite Max’s industry being outside the scope of her
own business, Carol wants to help Max to get his business back on track, and suggests to
him that they meet up early in the next week to discuss how she can help him out.
When they meet the following Tuesday, Carol presents Max with an outline of how he can
better market his business in order to increase his clientele. Impressed with her plan, but
unsure of how to properly implement it to achieve the best results, Max proposes to Carol
that she consult to him every fortnight for a period of four months, so that the
implementation of the marketing strategy runs smoothly. The other terms of the proposal
are that Max pays Carol $600 for each of these fortnightly sessions, and that Carol has the
creative freedom to put the marketing materials together. Wanting to give Carol some time
to consider what he has posed, Max requests for Carol to email him to let him know, one
way or the other, by the end of the working week.
Although she doesn’t need the work, Carol is excited to be involved in helping Max because
she often doesn’t get to create as freely for her clients in the mining industry. She calls Max
the day after their meeting to communicate her acceptance of his proposal, and Max is very
happy to hear this. Wanting also to have a written record of this arrangement with Max,
Carol emails him on Thursday evening. In this email to Max, Carol recounts the terms of the
proposal that were agreed, and reaffirms her desire to work with him on the project.
Just after a month later, a significant decline in the mining industry leads Carol’s clients to
draw on her services more heavily, with the effect that she is unavailable to follow through
on the arrangement with Max. When Carol communicates this to Max, he is very angry and
upset that he has been left high and dry, and he wants Carol to return the $1200 he has
already paid in order to discharge the contract. When Carol refuses to accede to his demand
and keeps the money, Max seeks advice from a lawyer concerning his legal position in these
circumstances.
Question (a) 15 marks
Using the four-step process, discuss the elements of intention and consideration required
for the formation of a contract. In particular, consider whether these elements have been
met in order for there to be an enforceable contract between Carol and Max.
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Question (b) 15 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 an enforceable contract between Carol and Max can be
established.
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Business Law ASSIGNMENT TWO CASE STUDY 代写
