NOTE: The case study scenarios and questions are on pages 8 to 10 of this document.
Please ensure that you read all of the instructions contained in this document.
This assessment provides you with another opportunity to formalise a written answer to legal problems (hypothetical fact scenarios – HFS), albeit at a more advanced level, with an expectation of legal research. This assessment is the second step in acquiring the skill of legal argumentation, which is set as a discipline-specific skill with which to enhance your writing abilities, as well as to provide a deeper understanding of the workings of law for commerce. It is important that your discussion focuses on analysing the facts of the HFS and applying the law to those facts. Marks will be awarded for:
- your identification of the issues and the material facts that are relevant to those issues;
- your identification of the law (cases, legislation and legislative provisions, international law conventions) that applies to those facts and issues; and
- most importantly, the application and analysis of the law as it applies to those facts and issues. Generalised statements of legal principles – that is, those that are not sufficiently relevant to the facts – will attract limited marks only;
- a conclusion, which is either certain, or dependent on the facts of the scenario, uncertain. In other words, if you are unable to conclude with certainty, please explain why.
It is also expected that you observe tertiary level academic writing standards – organise your writing in proper paragraphs, with correct grammar, punctuation and spelling.
There is a research component to this assessment (scenarios two and three require research beyond the course materials to excel, and scenario three is almost purely research based). You are expected to conduct your own research on the case study scenarios. There is no minimum or maximum number of resources that you must include, but all material must be correctly referenced according to the Deakin Harvard style of referencing. It is NOT about how many references you use, but rather the relevance and quality of those references that you select.
Your task is to provide analysis and evaluation of the legal issues posed in the case study (with HFS), drawing on the legal principles covered in Chapters 10 and 7 (for scenarios one and two respectively) and the effect of international legal instruments on commercial practices in Australia (for scenario three). Scenarios one and two are based on your course materials from Chapters 10 and 7; however, further research (beyond the textbook) for scenario two will most definitely enhance the quality of your submission and help score a high grade for this assessment. Scenario three is completely research based (as there are no international law topics in the unit). You must correctly reference for this assessment. However, please do not reference Powerpoint slides or the study guide. Cite cases and legislation (including international legal instruments and principles) in full – you need not cite the source of the case or legislation (for example if you research the facts from our textbook or another textbook or an article).
***YOU ARE REQUIRED TO COMPLETE THE LEGAL RESEARCH FOR COMMERCE UNITS MODULE BEFORE THE DROPBOX FOR ASSESSMENT TWO WILL OPEN FOR YOU TO SUBMIT YOUR ASSIGNMENT.
The overall word count for this assessment is 1500 words (including in-text citations, but DOES NOT INCLUDE headings, sub-headings and the references in the Reference List). There is NO leeway for this assessment. In other words, please ensure the maximum word count is 1500. Submissions outside the word count leeway may be penalised. There is no minimum word count.
For Assessment Two, you are required to provide a Reference List (using Deakin Harvard style of referencing) indicating the sources used.
- You do not need to provide a cover sheet.
- Use IRAC (taught in the seminars).
- Use font size 12 point and line spacing of 1.5.
- Use Calibri font.
- Use margin 2.54 cm on all sides.
- You must provide a word count at the beginning of your assessment. All pages of the assessment must be numbered and your student ID number included in the header or footer of each page.
- You must ensure that your writing, punctuation, spelling and grammar are of a satisfactory standard.
Learning Outcome Details for this Assessment
This task allows you to demonstrate achievement towards the unit learning outcomes. The ULOs are aligned with specific graduate learning outcomes – that is, the skills and knowledge that graduates are expected to have upon completion of their studies – and this assessment task is an important tool in determining achievement of those outcomes.
If you do not demonstrate achievement of the unit learning outcomes, you will not be successful in this unit.
It is good practice to familiarise yourself with the ULOs and GLOs, as they provide guidance on the knowledge, understanding and skills you are expected to demonstrate upon completion of the unit. In this way they can be used to guide your study.
|Unit Learning Outcome (ULO)||Graduate Learning Outcome (GLO)|
|ULO1: Apply key principles of law for
commerce to recognise and evaluate legal issues.
|GLO1: Discipline-specific knowledge and capabilities
GLO4: Critical Thinking
|ULO2: Interpret and analyse a range of legal issues and the bearing they have in commerce||GLO1: Discipline-specific knowledge and capabilities|
|GLO4: Critical Thinking|
|ULO3: Use appropriate digital technologies to search, retrieve and apply relevant information to law for commerce.||GLO3: Digital Literacy|
|ULO4: Identify critical legal issues in the international context that have a bearing on business ethics, standards and practice in Australia||GLO8: Global Citizenship|
Your assessment should be submitted in Microsoft Word (or rich text) format – .doc, .docx or .rtf. Please do not submit your assessment in PDF format, Apple Pages format, or in any other format. It is your responsibility to ensure that the file you submit can be downloaded by the marker. Files that cannot be opened will be treated as non-submissions and the usual late penalties will apply. Additionally, please take care to ensure that you have submitted the right version of the file (i.e., your final version, and not a draft version) and that you have submitted the assessment for this unit (and have not mistakenly submitted an assessment that was written for another unit).
Submitting a hard copy of this assignment is not required.
You must keep a backup copy of every assignment you submit until the marked assignment has been returned to you. In the unlikely event that one of your assignments is misplaced, you will need to submit your backup copy.
Any work you submit may be checked by electronic or other means for the purposes of detecting collusion and/or plagiarism. If you are caught plagiarising or colluding, you will receive 0% for your assignment.
When you submit an assignment through your CloudDeakin unit site, you will receive an email to your Deakin email address confirming that it has been submitted. You should check that you can see your assignment in the Submissions view of the Assignment Dropbox folder after upload, and check for, and keep, the email receipt for the submission.
If you are encountering last minute technical problems and are unable to submit your assignment on CloudDeakin, please email your assignment to the Unit Chair, Dr Kim Teh (email@example.com) to demonstrate that the assignment has been submitted on time; however, you are still required to submit the assignment on CloudDeakin once it becomes available. Please seek the assistance of IT support if you are having trouble submitting online.
If you have already submitted your assignment on CloudDeakin but wish to submit an updated submission, that is acceptable so long as the most recent copy is submitted before the submission deadline. The latest submission will replace any earlier submissions.
Marking and Feedback
Assessment Two is worth 30% of your final grade for this unit. It is marked out of 100 but the final grade will be converted to 30%. Your submissions will be assessed according to a marking rubric which can be found in the Assessments folder.
You will be assessed against the following criteria:
- Identification of the issues
- Identification of the applicable legal rules (principles of law derived from cases and statutes)
- Analysis of the facts and application of the law to the facts
These criteria will be applied by way of a marking rubric, which can be found in the Assessment Resources – Assessment Two folder.
It is always a useful exercise to familiarise yourself with the criteria before completing any assessment task. Criteria act as a boundary around the task and help identify what assessors are specifically looking for in your submission. The criteria are drawn from the unit’s learning outcomes, ensuring they align with appropriate graduate attributes.
Identifying the standard you aim to achieve is also a useful strategy for success and to that end, familiarising yourself with the descriptor for that standard is highly recommended.
Your marked assessment will be returned to you within 15 working days of submission (i.e., 5th February 2021), unless otherwise advised – with feedback provided in Turnitin or in the feedback box. Please take the opportunity to consider the feedback you have received and to think about how you might use that feedback to improve on future assessments (or, hopefully, to keep doing the things that you have been doing well).
Your marked assessment may contain a range of positive and negative feedback. The purpose of this feedback is to help you learn from your submission. Sometimes, feedback will be given for this educational purpose even though it is not related to a matter taken into account in marking on this occasion. It is not necessarily the case that every item of positive feedback is something that you ‘gained marks’ for, or that every item of negative feedback is something that you ‘lost marks’ for. Sometimes, we are merely helping you learn for the future.
No extensions will be granted unless there are exceptional and most unusual circumstances outside the student’s control.
Students who require a time extension should submit a written request to the Unit Chair, supported with documentation (for example, medical certificate). Such requests should be emailed to the Unit Chair together with the university’s extension form (available under Assessment Resources). Requests for extensions will not be considered after 12 noon, 15th January 2021. Note: The Unit Chair may require you to submit a copy of your draft assignment with your application if it is made very close to the due date. Extension requests after the due date must be made to the Faculty through Student Connect – Special Consideration.
If an extension is granted, the period of the extension will be commensurate to the circumstances which have affected the completion of your assessment. For example, if you were affected by a medical condition for three days, you would expect that the extension granted would be three days. This means that if you submit an extension request, we do not expect you to provide information to us that is sensitive and thus inappropriate to be disclosed, but we do expect you to be able to provide us with an adequate explanation of the circumstances that have led to your extension request. If you do not explain those circumstances, it is not possible to grant an extension, as it is not possible to make a judgement of the extent to which the completion of your assessment has been affected. The maximum extension period that can be granted is two weeks.
The following marking penalties will apply if you submit an assessment task after the due date without an approved extension: 5% will be deducted from available marks for each day up to five days, and work that is submitted more than five days after the due date will not be marked and will receive 0% for the task.
‘Day’ means working day for paper submissions and calendar day for electronic submissions. The Unit Chair may refuse to accept a late submission where it is unreasonable or impracticable to assess the task after the due date.
Calculation of the late penalty is as follows:
- 1 day late: submitted after 8:00 pm on 15 January (Friday) but before 8 pm 16 January (Saturday) – 5% penalty (1.5 mark).
- 2 days late: submitted after 8 pm 16 January (Saturday) but before 17 January (Sunday) 8 pm – 10% penalty (3 marks).
- 3 days late: submitted after 8 pm 17 January (Sunday) but before 18 January (Monday) 8 pm – 15% penalty (4.5 marks).
- 4 days late: submitted after 8 pm 18 January (Monday) but before 19 January (Tuesday) 8 pm – 20% penalty (6 marks).
- 5 days late: submitted after 8 pm 19 January (Tuesday) but before 20 January (Wednesday) 8 pm – 25% penalty (7.5 marks).
Dropbox closes on 20 January (Wednesday) at 8 pm Melbourne time.
The Division of Student Life (see link below) provides all students with editing assistance. Students who wish to take advantage of this service must be organised and plan ahead and contact the Division of Student Life in order to schedule a booking, well in advance of the due date of this assignment. http://www.deakin.edu.au/about-deakin/administrativedivisions/student-life
Any material used in this assignment that is not your original work must be acknowledged as such and appropriately referenced. You can find information about plagiarism and other study support resources at the following website: http://www.deakin.edu.au/students/study-support
For information about academic misconduct, special consideration, extensions, and assessment feedback, please refer to the document Your rights and responsibilities as a student in this Unit in the first folder next to the Unit Guide in the Resources area of the CloudDeakin unit site.
CASE STUDY: GEORGE AND HIS FAMILY
Scenario One (12 marks)
George goes to Eddie’s Electrics to buy a new printer. The salesman tells him that the best value one is out of stock. He also adds that it will do everything that George needs it for. The salesman says George can order one, pay for it now, and the salesman will arrange to deliver it free of charge within five days. George is happy with that and signs the order form with his payment in full.
When the printer arrives, his wife Mildred has to open it, because George is in hospital and is likely to be there for quite some time. On her visit to George, Mildred tells him that she has checked out the printer, but it does not have a scanning function, which they need. George tells her to take it back to the shop.
When Mildred goes there, the salesman says that they can’t give a refund, because the contract is with George. She explains that George is in hospital and that she needs to use the printer (and scanner) in the meantime, but the salesman won’t budge.
Is Eddie’s Electric correct that Mildred cannot get a refund on George’s behalf? Why/Why not?
Please use case law to support your answer. (Do not discuss genuine consent e.g., misrepresentation, mistake etc.)
Note: No research is required for this scenario. Just rely on the course materials on chapter 10 of the textbook to answer this question.
Scenario Two (12 marks)
George’s son Charlie has a small import business, which brings into Australia specialist food products from SE Asia. The manager of Allied Banking Corporation of Victoria (ABCV) advised Charlie to take out a loan in Malaysian Ringgit, since Malaysia was where most of his imports were sourced. However, within weeks, the value of the Ringgit rose dramatically against the Australian dollar, which made servicing the loan extremely expensive.
ABCV, when confronted by Charlie, who argued that ABCV should never have recommended a loan in foreign currency, said that they (ABCV) were not legally liable for advice given; but they were prepared to refinance the loan so long as Charlie did not pursue any legal action against ABCV. Furthermore, ABCV said they would be compelled to wind up Charlie’s business if he did not agree to this arrangement. Charlie felt he had no choice, so he reluctantly agreed.
Later, though, as he looked back and contemplated the difficulties that the foreign currency loan had created, Charlie was infuriated by the whole affair and decided to sue ABCV for his losses, despite the fact he had agreed not to pursue any legal course.
Will Charlie succeed against ABCV? Why/Why not?
Please use case law to support your answer. You only need to discuss genuine consent. Do not discuss any other elements of the law of contract.
Note: While you may rely on the course materials on chapter 7 of the textbook, research is also required for this scenario.
Scenario Three (6 marks)
George’s daughter, Cheryl, is a senior manager in the Victorian company FitScoot, which is a business that imports unpowered scooters from HFT (Health and Fitness Traders) in Nantian, a small country in Asia. These machines are generally used by fitness organisations. The CEO of FitScoot asked Cheryl to go to Nantian to meet with HFT’s sales team to look at their latest range of products and to negotiate prices, bearing in mind that FitScoot’s business had been expanding rapidly and there was escalating demand for these scooters. Cheryl was selected because she is a fluent Mandarin speaker, which most Nantianese people understand, even though they have their own language.
The meetings with the sales team went well and Cheryl was impressed with the new products, which she knew would sell well in Australia. Sales team members and Cheryl were to have a farewell dinner together that evening, but an hour before the dinner, an envelope containing US$5,000 in cash was delivered to Cheryl. Over the subsequent banquet meal, she told the head of the sales team that she had received the envelope and wondered where it had come from. The head told her not to worry and to buy herself some treats before returning to Australia; he added that he was sure that FitScoot and HFT would enjoy a very healthy partnership over the next few years. Cheryl was shocked and explained she could not possibly accept such a gift. The head of sales, though, said that was the way things were done there, and he was almost compelled to do the same thing with his suppliers of parts, or there would be a significant delay in the correct parts arriving. It was difficult talking seriously about the issue, because everyone had drunk too much and it was very noisy, to say the least. Furthermore, she knew he would be quite offended if she handed the money to him before walking away. It could, she thought, even compromise the business relationship.
Cheryl, on returning to Victoria, was still disturbed about the situation. On the one hand, the company in Nantian was turning out some good quality merchandise that would undoubtedly lift FitScoot’s profits; but she was also uncomfortable that HFT had given her such a gift. She resolved to hand over the money to her boss at the earliest opportunity.
Knowing these facts, what should Cheryl say when she reports to the CEO? Which principle of the Ten Principles of the UN Global Compact should Cheryl consider in preparation for her meeting with the CEO, since FitScoot is a participant of Global Compact Network Australia?
Note 1: The Ten Principles of UNGC are derived from three Declarations and one Convention, Cite the specific aspects of the applicable principle and the related Declaration or Convention in your advice.
Note 2: Research is required for this scenario. The course materials WILL NOT be sufficient to complete an answer for this scenario because of the International Law component, which is not taught formally. This particular question focuses specifically on ULO4 – which requires students to recognise that international legal standards have a bearing on commercial practices in Australia.