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1 1 LAWS20058 – AUSTRALIAN COMMERCIAL LAW TERM 2, 2018 – ASSESSMENT 1 – INDIVIDUAL ASSIGNMENT Complete all parts. Marks: 40% of the overall assessment for the course Submission: Online via Moodle...

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1 1 LAWS20058 – AUSTRALIAN COMMERCIAL LAW TERM 2, 2018 – ASSESSMENT 1 – INDIVIDUAL ASSIGNMENT Complete all parts. Marks: 40% of the overall assessment for the course Submission: Online via Moodle Format: One file in .doc or .docx (MSWord) format. Submissions in any other file format (e.g. .zip) will be treated as 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 lastminute 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. 2 PART 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 to punishment.” Research a legal system of a foreign country and explain what penalties can be imposed by a court once a person is found guilty of a criminal offence. Then compare them to the range of penalties available to Australian courts in criminal cases. Be sure to refer to Hart’s analysis of legal rules and use the requirements for Hart’s 3 part legal system in the answer. There are additional resources on Moodle to assist in the 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 Bros Fruit 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 the text 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 text may assist as could websites such as www.austlii.edu.au. Your answer should mention other cases in the analysis 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’s decision: -Identify the common law legal issues in dispute. What were the broad areas of contract law that are relevant here? -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 the problem. 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 may ask 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 should discuss the issue of fraudulent misrepresentation both at common law and under consumer legislation. Parts of the 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 Australian case referred to in either the textbook or the Class Notes. Please note that some cases in the Class Notes are not in the textbook may be found in alternative textbooks on Business Law, Contracts’ Law or Commercial Law. The resources at the end of Chapters 1 and 2 of the Turner text may assist as could websites such as www.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 of Australian courts and legal case reports eg CLR, FCA, FCAFC and HCA; and state and territory reports eg NSWLR, NSWSC, QCA, QSC, VSC and VSCA. 3 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’s decision: -Identify the common law legal issues in dispute. What were the broad areas of contract law that are relevant here? -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 the problem. 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 out in the Modules and text Chapters 9, 10, 11 and 12. Do not apply consumer law or other statute principles in your answer. Pedro and Lisa were both retailers selling imported French jewellery in Melbourne, Victoria. Lisa sold her business to Pedro and in the contract agreed that she would not carry on or be engaged in the sale of imported French jewellery anywhere in Australia for a period of two years. One year after selling the business Lisa established a new retail business in Cairns, Queensland, selling imported French jewellery. Can Pedro enforce the contractual promise against Lisa? Advise Pedro using common law contract legal principles and the IRAC method as to what action Pedro can take and the possible remedies he could obtain. You do not need to discuss the essential elements and the formation of a contract topic here. Assume that a valid enforceable contract exists between the parties. 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 an organised way these matters: -Identify the common law legal issues in dispute. What are the broad areas of contract law that are relevant here? -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 not always one clear way. -Conclusion and remedies- after the above stages reach a conclusion on the facts of the problem. Be sure to consider possible remedies for the innocent party. Support your analysis with case and statute references where relevant. 4 MARKING All parts of the assignment will be marked in accordance with the university’s Grades procedure and the Assessment Criteria (which can be accessed via the Course Profile). The following marking rubric incorporates that procedure. THE MARKING RUBRIC IS ON THE FOLLOWING PAGES 5 4 GRADE MARK CRITERION HD 85%+ Demonstrates imagination, originality or flair, based on proficiency in all the learning outcomes of the unit; work is interesting or surprisingly exciting, challenging, well read or scholarly. COMMENT: Here, the student will have done everything well, provided some original insights, and formulated their answer in a tight, efficient, thoroughly professional manner. Their explanations and arguments will have a strong logical flow and be convincing. Their research and problem solving in Parts A, B, C, D and E will be thorough. D 75 -84% Demonstrates awareness and understanding of deeper and less obvious aspects of the unit, such as ability to identify and debate critical issues or problems, ability to solve non ‐routine problems, ability to adapt and apply ideas to new situations, and ability to invent and evaluate new ideas. COMMENT: The student will demonstrate this by achieving all the outcomes for a Credit, but also some of the imagination, originality or flair required for a High Distinction . In Part C, the student will not only explain what happened in the case but also show some original insight into the case’s significance to the law. Parts C D and E should use the IRAC method at a high standard. C 65 -74% Demonstrates ability to use and apply fundamental concepts and skills of the unit, going beyond mere replication of content knowledge or skill to show understanding of key ideas, awareness of their relevance, some use of analytical skills, and some originality or insight. COMMENT: Learning involves not only knowing principles or concepts but also the ability to 6 apply them to a real -life situation. In Part A, the ability to use and implement a system that meets the requirements of a 3-part legal system will show this. Part B should demonstrate the ability to present legal research and Parts C, D and E should show legal problem solving in a clear and user - friendly way. P 50 -64% Demonstrates the learning outcomes of the unit, such as knowledge of fundamental concepts and performance of basic skills; demonstrates sufficient quality of performance to be considered satisfactory or adequate or competent or capable in relation to the learning outcomes of the unit. COMMENT: Students who get a mark in this range usually demonstrate some knowledge of principles and concepts, but do not explain or apply them accurately. Answers often look like little more than a summary of what someone else has written. F 40 -49% Fails to demonstrate the learning outcomes of the unit. COMMENT: Students in this range usually make some effort to perform the assignment task but fail to achieve what is prescribed for a Pass. Low F < 40% COMMENT: Students in this range usually fail to properly carry out the instructions or fully perform the tasks specified in the assessment.
Answered Same Day Aug 21, 2020 LAWS20058 Central Queensland University

Solution

Preeta answered on Aug 25 2020
134 Votes
NAME –
STUDENT NO. –
WORD COUNT:
PART A – 300
PART B – 300
PART C – 600
PART D – 600
PART E – 600
PART A:
The tribe has discussed and developed a constitution. The constitution protects all the members of the tribe from violent acts of other member of the tribe.
The rules which were formulated to protect the members from such violent acts are, no member can act violently against another member, violence will include both physical acts as well as ve
al acts, ve
al abuses also cannot be used against another member. If any member is found to violate the rule, he will be punished. The punishment will depend upon the violent acts done like physical violence will be punished more severely than ve
al act of violence.
The rule had to be developed since often people fight with each other, injuring each other, this had to be stopped. Moreover, there are weaker people, women and children, who need to be protected from such violent acts since they are unable to protect each other. The tribe has to help them. This new rule in the constitution will help to do so.
Hart divided rules in primary and secondary rules. Primary rules either prevent or necessitate certain actions and can create duties or obligations. Secondary rules on the other hand, make the procedures through which primary rules can be established, changed, or imposed. Hart, 2017 mentioned in his article that legal acts can be expressed as ‘positism’. Laws are always made with moral judgment, moral distinction and values. The same has been followed while making the tribal rules; moral values were kept in mind while formulating the rules. Violation is an act against any moral values, which needs to be stopped and only the fear of severe punishment can stop this. But Hart also said that judgment often include expressions of feeling and emotion or preference which must be avoided to retain the fairness of judgment.
PART B:
The three part legal system as was explained by Hart are: (1) Hart's said that the authority of any legal system is produced that legal system is voluntary acceptance by the legal officials; (2) Hart's thought that prudential grounds were the base of foundation of the authority of a legal system; (3) Hart's thought that the society member are committed to accept right rules (Hart & Green, 2012).
“A crime is an act or conduct which is prejudicial to the community. It renders the guilty person liable to punishment.” This can be explained by Hart’s concept of legal system. In any community, members neither like crime nor support them, so they rely on legal system and legal officials to take the right action. Legal officials follow the legal rules and legal systems thoroughly.
As per US law, for a criminal offence, the punishment can vary from imprisonment to even death sentence. Although in US, laws vary from one state to another. The imprisonment can vary from 1 year to 25 years or 60 years or even life imprisonment. The punishment actually depends on the severity of the act. The criminal acts in US law include rape, murder, homicide, theft, ro
ery, false pretences, manslaughter, attempt to murder, and conspiracy to murder.
In Australia, also the criminal acts are same as are those in US. Although almost in every country’s legal system, the acts which will be classified as criminal act are almost same. In Australia as well laws vary from one state to another. Although many state in Australia has abolished the death penalty for less severe offences. The punishment can be imprisonment or death penalty. On the basis of severity, the imprisonment can vary from 1 year to 20 year to 25 year or 60 year or even life imprisonment.
PART C:
Gumland Property Holdings Pty ltd. V Duffy Bros Fruit Market ( Campbelltown) Pty Ltd (2008) 234 CLR 237.
Statement of Facts: In 1993, Duffy Bros, took lease from Transit Management Pty Ltd, s store in Marketfair Campbelltown shopping centre for 15 years to operate a fruit, vegetable and meat store. The base rent was set, considering increase in Consumer Price Index and five-yearly reviews, in addition to 20% of the outgoings of Transit. By 1999, Duffy Bros was having low business and was in a
ear for rent and outgoings. A new deed was made between the parties reducing the rent and allowing sub lease. So, Duffy Bros subleased the area to Austie Nominees Pty Ltd. In 2001, the interest was transfe
ed to Woolworths Ltd by Austie Nominees Pty Ltd. In 2001, Gumland Property Holdings purchased that property from Transit and all the lease...
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