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11LAWS20058 – AUSTRALIAN COMMERCIAL LAWTERM 2, 2018 – ASSESSMENT 1 – INDIVIDUAL ASSIGNMENTComplete all parts.Marks: 40% of the overall assessment for the courseSubmission: Online via MoodleFormat: One...

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11LAWS20058 – AUSTRALIAN COMMERCIAL LAWTERM 2, 2018 – ASSESSMENT 1 – INDIVIDUAL ASSIGNMENTComplete all parts.Marks: 40% of the overall assessment for the courseSubmission: Online via MoodleFormat: One file in .doc or .docx (MSWord) format.Submissions in any other file format (e.g. .zip) will be treatedas a non-submission.Your file should contain:Cover sheet – Contains your name, student number and word counts for Parts A, B, C, D and E.Due date: 11.45pm, Thursday, 6 September 2018 (Week 8)Word limit: Word limits are set out below for each part.Extensions policy:The university policy on extensions of time will be strictly enforced. Extensions will only be considered if made via the online system and must be based on medical or compassionate grounds. Any extension application should be made before the due date for submission. Medical conditions should be supported by a medical certificate, and, since students are expected to start the assignment early, temporary or last-minute conditions are usually not grounds for an extension. Professionals are expected to manage their time to meet their obligations, so work or personal commitments are insufficient grounds for an extension. Time management is important to avoid any late submission. A two mark per day late penalty may apply without an approved extension.Plagiarism:The university’s plagiarism policy will also be strictly enforced. If plagiarism is found, a minimum penalty is likely to be zero marks for the assessment. It could be worse.You must cite and reference the resources consulted in the assignment responses. By citing and referencing the material consulted you will also be acting in an ethical and honest manner. Acknowledgement may be in the form of in text citations, footnotes and/or a bibliography. See the Moodle resources on Plagiarism. Be sure to access the ALC for assistance with referencing.PART A (5 marks- 300 words)In using the resources of the early Modules, your tribe discussed and developed a constitution. In the new constitution assume that there are rules protecting a member of the tribe from violent acts from another member of the tribe. Explain what rules protecting members of the tribe from such acts of violence were developed and why they were developed in the tribe’s constitution. Be sure to refer to Hart’s analysis of legal rules in the answer. There are additional resources on Moodle in the early Modules of the course to assist.2PART B (5 marks- 300 words)Research Question“A crime is an act or conduct which is prejudicial to the community. It renders the guilty person liable topunishment.” Research a legal system of a foreign country and explain what penalties can be imposed by acourt once a person is found guilty of a criminal offence. Then compare them to the range of penaltiesavailable to Australian courts in criminal cases. Be sure to refer to Hart’s analysis of legal rules and use therequirements for Hart’s 3 part legal system in the answer. There are additional resources on Moodle to assist inthe early Modules of the course. Support your analysis with case and statute references where relevant.PART C (10 marks- 600 words)In this part, your task is to research the Australian case, Gumland Property Holdings Pty ltd.V Duffy BrosFruit Market ( Campbelltown) Pty Ltd XXXXXXXXXXCLR 237 and report to your supervising partner (your boss!)on the significance of the case to business clients and the Australian law of contract. Initially Chapter 11 of thetext can assist.Please note that additional resources should and can be accessed in alternative textbooks on Business Law,Contracts’ Law or Commercial Law. The resources mentioned at the end of Chapters 1 and 2 of the Turner textmay assist as could websites such as www.austlii.edu.au. Your answer should mention other cases in theanalysis of the set case.The report should use the IRAC method as a structure- Issue, Rule, Application, Conclusion and remedies.This structure requires you to set out clearly and in an organised way these matters arising from the court’sdecision:-Identify the common law legal issues in dispute. What were the broad areas of contract law that are relevanthere?-Explain the principles of law, the rules that the court applied and which were relevant to deciding the issue.-Apply the relevant law to the facts. Explain how the court applied the relevant law.-Conclusion and remedies- after the above stages how did the court reach a conclusion on the facts of theproblem. Be sure to consider the remedy or remedies for the successful party.PART D (10 marks- 600 words)In this part, your task is to select and research an Australian case relating to when a party to a contract mayask a court to cancel the contract due to fraudulent misrepresentation and report to your supervising partner(your boss!) on the significance of the case to the Australian law of contract. In the analysis you shoulddiscuss the issue of fraudulent misrepresentation both at common law and under consumer legislation. Parts ofthe text chapters on Consent of Parties (Chapter 7) and Consumer Protection (Chapter 17) can assist.Contract law requires that parties enter agreements freely and voluntarily. Your choice must be an Australiancase referred to in either the textbook or the Class Notes. Please note that some cases in the Class Notes arenot in the textbook may be found in alternative textbooks on Business Law, Contracts’ Law or CommercialLaw. The resources at the end of Chapters 1 and 2 of the Turner text may assist as could websites such aswww.austlii.edu.au Your assignment must include a full reference for the case.In the text at pages lxxxv-lxxxvi, there is a Table of Abbreviations. In the table you will find brief details ofAustralian courts and legal case reports eg CLR, FCA, FCAFC and HCA; and state and territory reports egNSWLR, NSWSC, QCA, QSC, VSC and VSCA.3The report should use the IRAC method as a structure- Issue, Rule, Application, Conclusion and remedies.This structure requires you to set out clearly and in an organised way these matters arising from the court’sdecision:-Identify the common law legal issues in dispute. What were the broad areas of contract law that are relevanthere?-Explain the principles of law, the rules that the court applied and which were relevant to deciding the issue.-Apply the relevant law to the facts. Explain how the court applied the relevant law.-Conclusion and remedies- after the above stages how did the court reach a conclusion on the facts of theproblem. Be sure to consider the remedy or remedies for the successful party.Support your analysis with case and statute references where relevant.PART E (10 marks- 600 words)Please note. In this question and answer you should consider only common law contract issues as set outin the Modules and text Chapters 9, 10, 11 and 12. Do not apply consumer law or other statute principlesin your answer.Pedro and Lisa were both retailers selling imported French jewellery in Melbourne, Victoria. Lisa sold herbusiness to Pedro and in the contract agreed that she would not carry on or be engaged in the sale of importedFrench jewellery anywhere in Australia for a period of two years. One year after selling the business Lisaestablished a new retail business in Cairns, Queensland, selling imported French jewellery. Can Pedro enforcethe contractual promise against Lisa?Advise Pedro using common law contract legal principles and the IRAC method as to what action Pedrocan take and the possible remedies he could obtain. You do not need to discuss the essential elements andthe formation of a contract topic here. Assume that a valid enforceable contract exists between theparties. Do not apply consumer law or other statute principles in your answer.It is essential that you refer to relevant cases to support the analysis.The IRAC method- Issue, Rule, Application, Conclusion and remedies- requires you to set out clearly and in anorganised way these matters:-Identify the common law legal issues in dispute. What are the broad areas of contract law that are relevanthere?-Explain the principles of law, the rules, that apply and which are relevant to deciding the issue.-Apply the relevant law to the facts. You may need to consider more than one approach here. There is notalways one clear way.-Conclusion and remedies- after the above stages reach a conclusion on the facts of the problem. Be sure toconsider possible remedies for the innocent party.Support your analysis with case and statute references where relevant.4MARKINGAll parts of the assignment will be marked in accordance with the university’s Grades procedure and theAssessment Criteria (which can be accessed via the Course Profile). The following marking rubric incorporatesthat procedure.THE MARKING RUBRIC IS ON THE FOLLOWING PAGES54 GRADE MARK CRITERIONHD 85%+ Demonstrates imagination,originality or flair, based onproficiency in all the learningoutcomes of the unit; work isinteresting or surprisinglyexciting, challenging, well reador scholarly.COMMENT: Here, the studentwill have done everything well,provided some original insights,and formulated their answer ina tight, efficient, thoroughlyprofessional manner. Theirexplanations and argumentswill have a strong logical flowand be convincing. Theirresearch and problem solvingin Parts A, B, C, D and E willbe thorough.D 75-84% Demonstrates awareness andunderstanding of deeper andless obvious aspects of the unit,such as ability to identify anddebate critical issues orproblems, ability to solvenon‐routine problems, ability toadapt and apply ideas to newsituations, and ability to inventand evaluate new ideas.COMMENT: The student willdemonstrate this by achievingall the outcomes for a Credit,but also some of theimagination, originality or flairrequired for a High Distinction.In Part C, the student will notonly explain what happened inthe case but also show someoriginal insight into the case’ssignificance to the law. Parts CD and E should use the IRACmethod at a high standard.C 65-74% Demonstrates ability to use andapply fundamental concepts andskills of the unit, going beyondmere replication of contentknowledge or skill to showunderstanding of key ideas,awareness of their relevance,some use of analytical skills,and some originality or insight.COMMENT: Learning involvesnot only knowing principles orconcepts but also the ability to6apply them to a real-lifesituation. In Part A, the abilityto use and implement a systemthat meets the requirements of a3-part legal system will showthis. Part B should demonstratethe ability to present legalresearch and Parts C, D and Eshould show legal problemsolving in a clear and userfriendlyway.P 50-64% Demonstrates the learningoutcomes of the unit, such asknowledge of fundamentalconcepts and performance ofbasic skills; demonstratessufficient quality ofperformance to be consideredsatisfactory or adequate orcompetent or capable in relationto the learning outcomes of theunit.COMMENT: Students who geta mark in this range usuallydemonstrate some knowledge ofprinciples and concepts, but donot explain or apply themaccurately. Answers often looklike little more than a summaryof what someone else haswritten.F 40-49% Fails to demonstrate thelearning outcomes of the unit.COMMENT: Students in thisrange usually make some effortto perform the assignment taskbut fail to achieve what isprescribed for a Pass.Low F range usually fail to properlycarry out the instructions orfully perform the tasks specifiedin the assessment.
Answered Same Day Aug 19, 2020

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Akansha answered on Aug 25 2020
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Topic- 11LAWS20058 – AUSTRALIAN COMMERCIAL LAWTERM 2, 2018 – ASSESSMENT 1 – INDIVIDUAL ASSIGNMENT
Student’s Name-
Class-
Student’s Number-
Unit Code-
Professor-
Date of Submission-
Word Count- A – 343 words
B- 332 words
C 620 words
D 610 words
E 520 words
Referencing Style-
Table of Contents
Part A    3
Part B    4
Part C    5
Part D    7
Part E    9
References    12
Part A
In a civilized society to avoid anarchy which can lead to massive violence among other things a certain system of law is developed. A constitution is developed to basically define the spirit of a state. It states the motives and principles for which the state has been formulated along with highlighting the values members of that state hold dear. One of the most influential philosopher, Thomas Ho
es defined state of nature as the war of every man against every man. This means that a man may kill another man for survival in absence of any rules and regulations, also refe
ed to as laws in the civilized society. In a tribe especially without proper means of survival and growth and lack of formal education, it is very likely that tribe members may go after each other. Without proper laws and rules to govern their conduct, there can be complete chaos and lack of order. It can lead to loss of life and property. For this reason, it is necessary that there are certain laws and regulations established by the tribe members to ensure that peace and security is maintained in the tribe.
H.L.A Hart,[footnoteRef:1] a leading theorist of law said that without rules a society is merely a suicide club which arises out of a number of factors like limited human understanding of what is good and evil, limited resources and not enough rationality. Hart emphasizes greatly upon how for a society to survive it is important that there are certain rules and regulations in place. He refe
ed to these rules and regulations as primary and secondary rules. Hart also talks about the there is a relationship between law, coercion and morality. For him laws are rules which fo
id individuals for doing certain kinds of actions. [1: Kyunghwi Kwon, "Hart On The Rule Of Recognition" (2015) 46(null) kangwon Law Review.]
In this context, it is necessary to look at Hart because where he understands that there is a relationship between law and morality, it is not necessary that laws will be based on morality rather the purpose of law is to ensure that society functions well.
Part B
In order to ensure that the society functions in a way that doesn’t cause harm to other people in the society, there is a legal system in place. The legal system works on the premise of negative reinforcement which means punishing people for the wrongs that they commit. More than civil wrong, it is the criminal wrongs that are feared by the society as they lead to loss of human life. HLA Hart[footnoteRef:2] in developing legal jurisprudence laid down concepts of primary rules and secondary rules – Primary rules are rules are the basic rules that need to be followed for smooth functioning of the society for example a primary rule can be something like don’t kill another human. Secondary rules which are again classifiable into three categories - 1) rules of recognition, 2) rules of change, and 3) rules of adjudication are laws which are in place to ensure that the primary rules are followed effectively. They are basically rules which give the authoritative power to the primary rules for example – A person who is guilty of killing another person will be put to trial and if found guilty will be put in Jain for a period of so years. [2: Santiago Lega
e, "HLA Hart And The Making Of The New Natural Law Theory" (2016) 8(1) Jurisprudence.]
There are a wide range of penalties that can be imposed upon an individual for undertaking criminal activities. These penalties can be different for different countries, but it is important to note that common wealth countries have penalties which are somewhat similar[footnoteRef:3]. To understand better, the penalty for homicide can be looked at in India and Australia. Capital punishment is the highest level of punishment that can be given in an offence, in India it is only awarded in the rarest of rare cases and in Australia it is completely prohibited. The maximum penalty for murder which excludes manslaughter, culpable homicide not amounting to murder and such in Australia is imprisonment for life and In India for the same offences it is imprisonment for life, punishment of death and/or fine. [3: David Lefkowitz, "Blame And The Criminal Law" (2015) 6(3) Jurisprudence.]
Part C
The case mentioned here is Gumland Property Holdings Ltd. V. Duffy Brosfruit[footnoteRef:4], the case is significant for a number of reasons. The
ief facts of the case are – The respondent in the case took Transit Management’s property on lease for their fruit mart. They entered into a contract whose major term was that rent would be payable on time by the...
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