PART A: Four Step Process (25 marks)
Students will be provided a case study about which they will be required to construct a coherent and logical legal
argument using the four step approach. The assignment will require students to apply relevant legal concepts
and principles to analyse and solve the legal issues arising in the case study by explaining and applying their
knowledge of the legal principles and rules arising in Australian legal system:Topic three to five inclusive.
Please note also that the information contained in the course materials (the Source Book computer based
tutorials and seminar materials) are sufficient when completing your assignments. It is not necessary to
research beyond these materials for the purpose of completing assignments.
Marking Criteria
Students are assessed on their ability to explain and apply their knowledge of the relevant principles and rules of
law using the four step process. Briefly that process is:
1. Identify the legal issue
2. Explain the relevant rule/s of law using authority: cases and/or legislation
3. Apply the law to the facts
4. Reach a conclusion
PART B: Short Answer (5 marks)
One short answer question, worth 5 marks. This question will not necessarily relate to the case study. Part B will
examinetopic 3 inclusive.
Word Limit
The assignment should be a minimum of 500 words and not exceed 2500 words inclusive of both questions (i.e.
2500 maximum in total). Please provide a word count on your cover sheet. A penalty of 10% will be imposed on
assignments that exceed the word limit. Markers have discretion as to whether to apply the penalty for an
additional 100 words, provided the discussion remains relevant.The assignment will not be assessed if it
exceeds 3500 words and will result in a ZERO mark.
Document Preview: Business Law 100
Assignment 2 Semester 2 2012
Bill and Ben are best mates and love to sail together. They want to turn their sporting interest into a business. They decide to start their own company called Sensational Sails Pty Ltd (Sensational Sails). Bill and Ben design and manufacture sails for all size yachts and supply wholesale to retail outlets. Their company becomes very successful and soon they need more sophisticated machinery to ensure that their business is profitable.
Ben’s cousin Marc is also in the manufacturing business, supplying plant and manufacturing equipment to factories. Marc is the sole director and marketing manager for the company EquipU Pty Ltd (EquipU). On Monday Marc approaches his cousins and offers to sell Sensational Sails new sail making machinery that has just been developed in Italy. Marc claims that the equipment will improve output and efficiency in the sail making factory by 20%. He says he is prepared to sell the equipment to them for only $50,000. Marc says the offer will end on Friday at 5pm, and acceptance could be via email, fax or post.
Bill and Ben think that Marc’s offer is a very good and one which would enable Sensational Sails to increase production and profit. Bill and Ben are keen to accept Marc’s offer, but feel that they really should try to negotiate better terms. On Tuesday Bill sends Marc an email on behalf of Sensational Sails which states:
Sensational sails is very interested in your offer, however we believe that the new equipment will only deliver a 15% Return on Capital, so we are only prepared to pay you the amount of $30,000 for the machinery”
Marc is at a three day conference on Tuesday, Wednesday and Thursday, so has not read his email. Meanwhile Bill and Ben have reconsidered their position and are feeling nervous that they may have missed the deal because they haven’t heard back from Marc. They decide to accept EquipU’s original offer and on behalf of Sensational Sails post Marc a...