Law Assignment

This is a significant task that requires forward planning and adequate time for research, reading and reflecting. You should begin researching early to gather information and establish a plan as soon as possible. The purposes of the assignment are to enable you to: • develop your independent research skills; • enhance your understanding of law as a dynamic process; • learn how to independently research a particular aspect of the law; • reflect on and consider particular legal issues;

• learn and apply how to solve legal problems using IRAC/ILAC format; • demonstrate understanding of the legal environment, including relevant laws as well as economic, ethical, social/cultural, international and political issues; • develop your knowledge about the subject area of your research; • demonstrate the ability to investigate, synthesise and analyse; • develop critical thinking ability;

• communicate the findings in a formal price of work and meet a deadline; • enhance your analytical and written communication skills; and • apply your legal skills. Your work must comply with the format outlined in the University’s General Guide to the Presentation of Academic Work publication, available online at: http://www. ballarat. edu. au/generalguide. Assignments must be accompanied by a signed official cover sheet (‘Plagiarism Declaration Form’), available online at http://www. ballarat. edu. au/business/resources/student-forms/assign-coversheet.

doc On the cover sheet, please state your name, student numbers the paper name and assignment number also the reference system you choose to use, the word count for your assignment, and a signed honesty statement identifying that you are aware of the University of Ballarat’s policies on plagiarism, and that this submission is entirely your own work free of plagiarism and collaboration. The length of the assignment must not be more than 2,200 words. Do not include the references or bibliography in the word count. This assignment is worth of 35 marks.

Due date for submission is Friday 20th January (Week 9). Penalties will apply for late submission. Assignment must be submitted electronically in the drop box on the Moodle page for this course. Contact your lecturer for further instructions. Tasks: The assignment has two scenarios or legal problems. You are required to solve these two legal problems using your knowledge of Contract law only. You do not need to consider Australian Consumer Laws or any other laws even though you may find them relevant. You are expected to use IRAC/ILAC format that you have learnt in your class.

If you have any questions, please ask your lecturer or tutor. Scenario 1: Kathy, based in Brisbane, is a renowned public speaker in the area of Human Rights. She is invited as a key note speaker at a two-day conference in Ballarat on “Interplay between Human Rights and Economic Development”. Organisers of the conference promised Kathy accommodation and return tickets from Brisbane to Melbourne. Kathy is responsible for her travel to and from Melbourne Airport which is 107 km away from Ballarat. It takes about 1 hour and 15 minutes by car but longer by other public transport.

Kathy’s key note paper “Generation Y and Intergenerational Rights” deeply moved the participants and especially Mark and Laura, students of Fundamentals of Law at the University of Ballarat. Mark and Laura joined Kathy during the conference lunch and shared their views. They also offered Kathy a lift to Melbourne Airport on her day of return. Relying on Mark and Laura, Kathy made no other travel arrangements. Subsequently, neither Mark, nor Laura turned up to take Kathy to Airport. Kathy later took an airport shuttle bus to Melbourne Airport but ultimately she missed her flight.

Kathy had to buy a new ticket to travel back to Brisbane at considerable expense. Mark and Laura had to submit an assignment for Fundamentals of Law on the day of Kathy’s departure and therefore could not keep their promise. Mark and Laura later sent an email with an apology. Required: Kathy seeks compensation for the loss she suffered due to the breach of promise made by Mark and Laura. Advise Kathy whether she is likely to be successful. Refer to relevant case laws in support of your advice. (17. 5 marks) Part B: Scenario 2: Sam owns and operates a garden shop and landscaping business.

In February 2011, he manages to procure a large quantity of old railway sleepers. These sleepers are highly coveted by many gardeners for use as decorative retaining walls, borders and garden steps. As part of marketing plan intending to increase customer loyalty, Sam sends a pamphlet to his regular customers telling them a special price for the sleepers. |Special Offer! | |Top quality railway sleepers for sale. Ideal for retaining walls, borders and garden steps. Special price of $100 for 5, while | |stocks last. | The weather, however, stays very mild for the time of year and Sam’s landscaping business sales soar.

By May sales are still high. Sam negotiates with his supplier for another load of sleepers. Due to high demand these sleepers are more expensive. Sam must sell them $100 for 3 to make the same profit. Sam does not send out a pamphlet this time; instead he places a sign on the sleepers in his yard which tells of the new price. Prabal and Sonia, a newlywed couple have been saving up for landscaping their garden. They intend to enter a contest for the “TV Home and Garden Show”. They relied for their budget on Sam’s pamphlet. When they arrive at Sam’s yard and find sign for the new price of the sleepers they are upset.

The price would not allow them to finish their project in time for the contest. Prabal and Sonia show their pamphlet to Sam and demand the sleepers at the lower price. Required: Advise Sam as to whether he is bound by the lower price. In your answer rely on the Contract law only. You do not need to consider Australian Consumer Law in support of your advice. (17. 5 marks) Assignment Assessment Criteria You will be assessed on the extent to which you have: • answered the task questions; • used good English expression, correct spelling, good punctuation and grammar and have proof read your work; • used a logical structure, with headings.

(It is important that you develop the capacity to communicate professional advice clearly. In order to do this you need to carefully structure your answer in such a way that anyone reading your work is made aware of what is going to be talked about, and is led in a logical way through the arguments to a conclusion); • been able to identify, set out and discuss relevant legal issues, legal principles and cases, as appropriate; • used statutes and cases to support your arguments, as appropriate. You must rely on cases to explain/support/justify the arguments you are making but these cases can be obtained from textbooks.

You are encouraged to use cases which have been discussed in the classes and which can be found in textbooks. The selection of cases, however, is up to you. What is important is how the cases you have selected support your arguments; • analysed, argued or discussed as required by the task questions; and • found, read and used other textbooks. In order for you to gain a high distinction (HD), you need to have in relation to the task: ? provided a concise and accurate overview of the requirements for insurers ? that showed you had a very good understanding of this area of law in general ?

Provided very good arguments for all relevant parties? discussed the above: o clearly; o using a logical structure; o critically; and o giving your own view ? made very good use of at least 3 relevant cases and appropriate legislative provisions to support your discussion/arguments ? shown good evidence of research and use of it – at least 6 resources, which should include 3 texts, 3 relevant cases and appropriate legislation ? shown excellent presentation: e. g. writing (used good English expression, correct spelling, good punctuation and grammar), proof reading and referencing of direct and indirect quotes – correct and accurate as to style ?

Kept within the word limit generally ? shown adequate presentation: e. g. writing (used adequate English expression, spelling, punctuation and grammar), proof reading and referencing of direct and indirect quotes – reasonably correct and accurate as to style ? been not too far over or below the word limit In order for you to gain a distinction (D), you need to have: ? done nearly all of the above but not as well In order for you to gain a credit (C), you need to have in relation to the task: ? provided an overview of this area of law in general ? provided reasonable arguments for most relevant parties ?

discussed the above adequately ? made reasonable use of at least 2 relevant cases and appropriate legislative provisions to support your discussion/arguments ? shown reasonable evidence of research and use of it – (e. g. between 4 and 6 resources used) ? provided an adequate explanation in relation to the chosen structure generally ? shown adequate presentation: e. g. writing (used adequate English expression, spelling, punctuation and grammar), proof reading and referencing of direct and indirect quotes – reasonably correct and accurate as to style ? been not too far over or below the word limit

In order for you to gain a pass (P), you need to have in relation to the task: ? provided an overview of requirements for insurers that showed you had a basic understanding of this area of law in general ? provided basic arguments for some parties ? discussed the above to a limited degree – more analysis needed ? made an attempt at using at least 2 relevant cases and appropriate legislative provisions to support your discussion/arguments ? shown just enough evidence of research, better use of it possible – (e. g. only 3 resources used) ? provided a basic explanation in relation to the chosen doctrine generally ?

Shown basic presentation, could be improved: e. g. writing (used basic English expression, spelling, punctuation and grammar), proof reading and referencing of direct and indirect quotes – not consistent in style but no plagiarism apparent ? been not too far over or below the word limit If you received a fail (F), in essence, your paper showed little attempt was made at the task, was very confused, and lacked care. In relation to the task you have: ? shown no or little understanding of the topic and/or no serious attempt to address the topic components ?

Mentioned legal principles but without understanding ? been totally descriptive: copying of slabs of material from texts and/or other resources ? given no references (can also be referred to Head of School for disciplinary action) generally ? shown very poor writing – i. e. not understandable ? been well under the stated word length Your individual feedback according to the criteria: o Understanding shown of insurance law in particular the statutory and common law requirements of insurers |Very good |Good |Adequate |Attempted |Needed improvement |.

Analysis of the arguments which could be made by the relevant parties |Very good |Good |Adequate |Attempted |Needed improvement | o Gave your own view |Done well |Adequate |Attempted |Needed improvement | o Use of appropriate case law and legislative provisions |Done well |Adequate |Attempted |Needed improvement | o Logical structure |Done well |Adequate |Attempted |Needed improvement | o English expression, proof reading, correct spelling, punctuation and grammar |Done well |Adequate |Attempted |Needed improvement | o Range of resources (at least 6, at least 3 of which should be texts) |Done well |Adequate |Attempted |Needed improvement |

o Resources used well |Yes |Needed improvement |No | o Presentation requirements met: Title pageYesNoNeeded improvement A4 paper, double spaced, 12-point fontYesNo Needed improvement o Referencing: Style identifiedYesNo Needed improvement Direct quotes and paraphrasing referenced YesNo Needed improvement Recognised style used consistently in body of assignmentYesNo Needed improvement List of references – recognised styleYesNo Needed improvement Bibliography – recognised style YesNo Needed improvement Any general comments.