ASSESSMENT BRIEF
\nCourse Code and Title LAW 2000: Business Law
\nAssessment Case study assignment
\nIndividual\/Group Individual
\nLearning Outcomes 1. Explain what the law is and the role that the law plays in wider society and in the business environment
\n3. Identify the role of contract law in business activity and explain the elements needed to create and enforce a valid contract
\n4. Define an agency relationship and explain the legal implications of such a relationship
\n5. Identify and define the different types of property including intellectual property and analyse the importance to business of such property and how the law protects such property
\nSubmission 11:55pm AEST\/AEDT Sunday of week 8
\nWeighting 30%
\nTotal Marks 100 marks
\nWhy are you doing in this assignment?
\nIn this assignment students will demonstrate their understanding and application of the key steps in the formula for answering case study questions. The case study questions reflect real life legal problems.
\nThis assignment consists of five case study questions. A fact scenario is provided and your task is to identify the legal issues that arise in the case studies, state the law, apply the law to the facts of the case study and reach a conclusion. The conclusion that you reach will be the advice that you can provide to the participants in the case study.
\nThe following substantive areas of law will be dealt with in the Assignment \u2013 they comprise the content of Modules 2-8 of this subject:
\n\u2022 Contract law
\n\u2022 The law of agency
\n\u2022 Property law \u2013 both real property and intellectual property.
\nWhat is involved?
\nThis written assignment should comprise no more than 2000 words. You will be required to apply a formula for answering case study questions. There is a Flow Chart that shows the steps involved in this formula. There is also a narrated Powerpoint presentation that summarises the key steps in the formula:
\n\u2022 Identify the area of law that requires discussion.
\n\u2022 Identify the key legal issue or issues in the case study.
\n\u2022 State the applicable law.
\n\u2022 Apply the law to the facts of the case study.
\n\u2022 Reach a conclusion \u2013 this will involve advising the parties in the case study.
\nHow would this assignment be used in the workplace?
\nThe Case Studies that you will consider are all examples of legal disputes that could arise in the real world. Working in the commercial world it is likely that you will be confronted with such scenarios. Completing the Case Studies will provide you with practice in applying the law to real word examples.
\nInstructions
\nRead the facts of each Case Study carefully.
\nIdentify the area of law that requires discussion e.g. contract law.
\nIdentify the legal issue in the Case Study e.g. Is there a contract? Has a contract been broken? Etc
\nState the law. If you are stating a legal principle that comes from case law state the case and the citation that you are using as authority for the legal principle. If you are relying on a statute for legal authority then state the section number and name of the statute that is relevant.
\n1. Jennifer aged 25 years is the granddaughter of Betty who lives by herself in Mount Gambier. Jennifer has just completed a degree in Psychology at the University of South Australia. Betty promises Jennifer that if she leaves Adelaide and moves to Mount Gambier to live with her she will transfer her house into Jennifer\u2019s name. Jennifer leaves her mum and dad, boyfriend and a job she held at the Service to Youth Council. She arrives in Mount Gambier and cannot find any work as a psychologist but she obtains work part time as a waitress in a caf\u00e9. Betty refuses to honour her promise regarding transferring the house to Jennifer who wants to sue her grandmother for breach of contract. Advise Jennifer.
\n2. On 1 February 2015 Sanche writes to Richard offering to sell him his 1974 Holden Monaro for $60,000, \u2018the offer will remain open until 5pm on 3 February 2015\u2019. Richard receives the letter at 10 am on 3 February and tries immediately to phone Sanche. He does not answer and Richard leaves a message on his Message Bank saying he was interested in buying the Monaro but was only willing to pay $55,000. At 10.30 am the same morning, Richard changes his mind about how much he is willing to pay for the car. He sends an email to Sanche saying, \u2018Disregard, my earlier phone message. I accept your offer to sell your 1974 Monaro car for $60,000\u2019. Sanche does not check his email at all on the 3 February but does check his phone Message Bank. He listens to the voice message from Richard and
\nimmediately sells the petrol to Bradley who he has also been negotiating with. On 4 February at 9 am he opens his emails and reads Richard\u2019s message. Advise the parties.
\n3. Kevin is an antique dealer. He appoints Ravi to sell furniture on his behalf. One of the items Kevin wants sold is a twelve seater oak dining table. He instructs Ravi that he will not accept less than $7,000 for the table. Ravi places an advertisement in a local newspaper advertising the table for $7,000. Theresa responds to the advertisement. She has recently renovated a period home and the table would be perfect for the formal dining room.
\nTheresa offers Ravi $6,500 which Ravi promptly accepts. All along, Theresa is unaware that Kevin is the owner of the table. When she takes delivery of the table there is large scratch on the top of the table. Theresa is furious and advises Ravi that she does not want the table now that it is not in the condition it was in when she inspected it previously. Ravi advises her that it is not his problem because he is not the owner of the table. Advise the parties.
\n4. Trevor composes music on his computer using a software program called \u2018Sibelius\u2019. He sometimes plays music he has composed to his friends before they are released for sale.
\nAfter Trevor has composed music he sends it to a distributor who sells it in Europe. Trevor plays an unreleased composition to a group of friends including Declan. After hearing this composition, Declan goes home and composes a piece of music that sounds virtually identical to Trevor\u2019s, particularly the chorus. Declan then sends it to a distributor who releases a CD in Europe. It is a huge hit and Declan makes a large amount of money from CD sales.
\nTrevor is furious and accuses Declan of stealing his composition. Advise the parties.
\n5. Clare runs a very successful hairdressing business on Unley Road in Adelaide. It has taken her five years to build up the business. She decides to sell the business and enters into a contract of sale with Maddie. There is a clause in the contract that states that: \u2018Clare will not for a period of ten years from the date of this agreement set up any business in Adelaide\u2019. The contract of sale is finalised and Maddie takes over the business. Clare wants to operate another business and decides to open a caf\u00e9 on King William Road, Hyde Park.
\nApproximately one year after selling her hairdressing business she opens her new caf\u00e9. A lot of her old customers are now regulars at the new caf\u00e9.
\nMaddie is outraged and claims that Clare is in breach of her contract for the sale of the hairdressing business. Advise the parties.
\nAssessment criteria
\n\u2022 Demonstrates a capacity to identify legal issues from a set of facts
\n\u2022 Demonstrates knowledge and understanding of substantive areas of law including contract, agency and property law
\n\u2022 Shows an ability state legal principles supported by appropriate legal authority \u2022 Demonstrates a capacity to apply legal principles to the facts of a case study.
\n\u2022 Addresses General assessment criteria:
\no shows a sophisticated understanding of the key issues o demonstrates a capacity to explain and apply relevant concepts o shows evidence of reading beyond the key reading
\no justifies any conclusions reached with well-formed arguments not merely assertion o provides a conclusion or summary
\no use of academic writing and presentation and grammar:
\n? complies with normal academic standards of legibility, referencing and bibliographical details (including reference list).
\n? is written clearly with accurate spelling, grammar and sentence and paragraph construction
\n? appropriate citation and referencing used (using Australian Legal Citation Guide)
\nLearning Rubrics
\nAssessment Attributes Fail 1
\n(Unacceptable) 0-34 Fail 2
\n(Poor)
\n35-49 Pass
\n(Functional)
\n50-64 Credit
\n(Proficient)
\n65-74 Distinction
\n(Advanced)
\n75-84 High Distinction
\n(Exceptional)
\n85-100
\nGrade Description (Grading Scheme)
\nEvidence of unsatisfactory achievement of one or more of the learning objectives of the course, insufficient understanding of
\nthe course content and\/or unsatisfactory level of skill development. Evidence of satisfactory achievement of course
\nlearning objectives, the
\ndevelopment of relevant
\nskills to a competent level, and adequate
\ninterpretation and critical analysis skills. Evidence of a good level of understanding, knowledge and skill development in relation to the content of the course or work of a superior quality on the majority of the learning objectives of the course. Demonstration of a high level of interpretation and critical analysis skills.
\nEvidence of a high level of achievement of the learning
\nobjectives of the course
\ndemonstrated in such areas as
\ninterpretation and critical analysis,
\nlogical argument,
\nuse of methodology and communication
\nskills. Evidence of an exceptional level of achievement of learning objectives across the entire content of the course demonstrated in
\nsuch areas as interpretation and critical analysis, logical argument, creativity, originality, use of
\nmethodology and communication skills.
\n1. Content, Audience and Purpose
\nGeneral description of the level of attainment Does not meet minimum standard
\nDemonstrates no capacity to identify relevant legal issues in the case studies. Meets minimum standard
\nDemonstrates limited ability to identify relevant legal issues in the case studies. Moves beyond minimum
\nstandard
\nDemonstrates consistent capacity to identify relevant legal issues in the case studies.
\nExceeds minimum
\nstandard
\nDemonstrates an advanced and integrated understanding and capacity to identify relevant legal issues in the case studies.
\nExceeds minimum standard and exhibits
\nhigh levels of
\nindependence
\nConsistently demonstrates a systematic and critical understanding and capacity to identify relevant legal issues in the case studies.
\n2. Knowledge and understanding
\nDemonstrates Limited understanding of substantive areas of law
\nKnowledge\/understanding of substantive areas of law.
\nThorough knowledge\/understanding of substantive areas of law. Supports personal Highly developed understanding of the substantive areas of law. A sophisticated understanding of the substantive areas of law.
\nknowledge and understanding of substantive areas of law including contract, agency and property law.
\nshows a sophisticated understanding of the legal issues raised in the Case Study
\nKey legal issues of case study are not identified nor addressed.
\nResembles a recall or summary of key ideas.
\nOften conflates\/confuses assertion of personal opinion with information substantiated by evidence from cases and legislation. opinion and information substantiated by evidence from relevant cases and legislation.
\nDemonstrates a capacity to explain and apply relevant legal concepts.
\nDiscriminates between assertion of personal opinion and information substantiated by robust evidence from relevant cases and legislation.
\nWell demonstrated capacity to explain and apply relevant legal concepts.
\nSystematically and critically discriminates between assertion of personal opinion and information substantiated by robust evidence from relevant cases and legislation.
\nMastery of concepts and application to new situations\/further learning.
\n3. Analysis and application with synthesis of new knowledge
\nShows an ability to apply relevant legal principles to the facts of the case study. Limited synthesis and analysis.
\nLimited application of relevant legal principles to the facts of the case study. Demonstrated application of relevant legal principles to the facts of the case study.
\nShows the ability to interpret relevant case law and statutes.
\nWell-developed analysis and synthesis with application of relevant legal principles to the facts of the case study. Thoroughly developed and creative analysis of relevant legal principles to the facts of the case study.. Highly sophisticated and creative analysis of relevant legal principles to the facts of the case study.
\nRecommendations are clearly justified based on the analysis\/synthesis.
\nApplying knowledge to new situations\/other cases.
\n4. Effective communication
\nDemonstrates a capacity to explain and apply Difficult to understand for audience, no logical\/clear structure, poor flow of ideas, argument lacks supporting evidence.
\nNo effort is made to keep audience engaged. Audience cannot follow the line Information, arguments and evidence are presented in a way that is not always clear and logical.
\nInformation, arguments and evidence are well presented, mostly clear flow of ideas and arguments.
\nInformation, arguments and evidence are very well presented. the presentation is logical, clear and Expertly presented; the presentation is logical, persuasive, and well supported by evidence, demonstrating a clear flow of ideas and
\nrelevant legal concepts
\nJustifies any conclusions reached with wellformed arguments not merely assertion
\nProvides a conclusion or summary
\nof reasoning.
\nLittle use of presentation aids, or the presentation aids and material used are irrelevant. Attempts are made to keep the audience engaged, but not always successful. Line of reasoning is often difficult to follow.
\nPresentation aids are used more for effect than relevance.
\nThe audience is mostly engaged, line of reasoning is easy to follow.
\nEffective use of presentation aids. well supported by evidence.
\nEngages the audience, demonstrates cultural sensitivity.
\nCarefully and well prepared presentations aids are used. arguments.
\nEngages and sustains audience\u2019s interest in the topic (sample nursing essay examples by the best nursing assignment writing service), demonstrates high levels of cultural sensitivity
\nEffective use of diverse presentation aids, including graphics and multi-media.
\n5. Use of academic and discipline conventions and sources of
\nevidence
\nAddresses General assessment criteria:
\nshows evidence of reading beyond the key reading
\nuse of academic writing and presentation and grammar:
\ncomplies with normal academic standards of legibility, referencing and bibliographical details Poorly written with errors in spelling, grammar.
\nDemonstrates inconsistent use of good quality, credible and relevant research sources to support and develop ideas.
\nThere are mistakes in using the Australian Guide to Legal Citation. Is written according to academic genre (e.g. with introduction, conclusion or summary) and has
\naccurate spelling, grammar, sentence and paragraph construction.
\nDemonstrates consistent use of credible and relevant cases and legislation to support and develop ideas, but these are not always explicit or well developed.
\nThere are no mistakes in using the Australian Guide to Legal Citation. Is well-written and adheres to the academic genre (e.g. with introduction, conclusion or summary).
\nDemonstrates consistent use of high quality, credible and relevant cases and legislation to support and develop ideas.
\nThere are no mistakes in using the Australian Guide to Legal Citation. Is very well-written and adheres to the academic genre.
\nConsistently demonstrates expert use of good quality, credible and relevant research sources to support and develop appropriate arguments and statements. Shows evidence of reading beyond the key reading
\nThere are no mistakes in using the Australian Guide to Legal Citation.
\nExpertly written and adheres to the academic genre.
\nDemonstrates expert use of high-quality, credible and relevant cases and legislation to support and develop arguments and position statements. Shows extensive evidence of reading beyond the key
\nreading
\nThere are no mistakes in using the Australian Guide to Legal Citation.
\n(including reference list).
\nis written clearly with accurate spelling, grammar and sentence and paragraph construction
\nappropriate citation and referencing used (using the Australian Guide to
\nLegal Citation.)<\/p>\n","protected":false},"excerpt":{"rendered":"
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