RESEARCH ESSAY PROPOSED STRUCTUREFIRST RULE IS TO ACTUALLY READ THE ASSIGNMENT QUESTION:Topic: The impact of digital disruptions on business contract(s)Guidelines:
As the next generation business leaders, you are expected to be familiar with the latest development around the world, one of which at current time is digital disruptions. This exercise will offer you the opportunity to understand at least one disruptive technology, and to analyse the impact of your chosen technology on the elements of a business contract. To make your arguments easier, you may select a form of business contract as you wish.
You may refer to page 17 of the Productivity Commission paper referenced below for the definition of disruption.
To facilitate your arguments and analysis, it is advised that you make two calculated decisions before you write:
You should pick up a particular type of business contract that is of interest to you and focus your writing on this type of contract only. And,
You should pick up one type of digital disruptions from the following list:
- Blockchain technology
- Mobile internet
- Cloud computing
- Automation of knowledge work
- Internet of things (IoT)
- Advanced robotics
- Autonomous vehicles
- Next-generation Genomics
- Next generation storage
- 3D printing
- Advanced materials
- Advanced Oil and Gas Exploration and Recovery
- Renewable Electricity
Reference:
Productivity Commission 2016, Digital Disruption: What do governments need to do?, Commission Research Paper, Canberra.
SO THE ASSIGNMENT REQUIRES YOU TOSPECIFICALLY DO THREE THINGS:
- Pick up a disruptive technology and extensively research the technology of your choice.
- Pick up at least one type of the contract and summarise the elements of the contract (you do not need to summarise the elements which you are not going to discuss in the essay).
- Discuss the impact of the technology on the contract
HOW CAN THE ASSIGNMENT BE STRUCTURED TO DIRECTLY RESPOND TO THE QUESTION BEING ASKED, AND STAY WITHIN THE 2500 WORD LIMIT?TITLE FOR ASSIGNMENT: THINK OF SOMETHING UNIQUE WHICH HIGHLIGHTS WHAT YOU ARE SAYING IN YOUR ASSIGNMENT, RATHER THAN JUST CALL IT, E.G. “RESEARCH ASSIGNMENT”SUGGESTED STRUCTURE OF THE ESSAY:ABSTRACT(Approx. 150 words- not part of word count)
- What is the significance of the abstract?
- It sets out a summary of the assignment and what the purpose/ main contention of the assignment is: ithelpsto focus the mind on what you are trying to achieve with the assignment, rather than getting weighed down by research
- How could the abstract be approached? What are a few pointers?
- Common question: is the abstract included in the word length? No
- INTRODUCTION (Approx. 300 words)
- The purpose of the introduction is to set out:
- asummary of the topic of the assignment (i.e. disruptive technology in general)
- Ingeneral terms what it is that you will be arguing in your assignment: will the technology have any impact on the contract(s)? in what ways?
- Thestructure of the assignment: I.e. what is in section 2, 3, 4etcof the assignment?
- WHAT IS YOUR CHOSEN DISRUPTIVE TECHNOLOGY? (Approx XXXXXXXXXXwords)
- A summary of the disruptive technology you choose
- The development of the technology around the world
- The development of the technology and relevant legal reforms in Australia
- WHICH TYPE OF CONTRACT WOULD YOU CHOOSE AND WHAT ARE THE ELEMENTS OF THE CONTRACT THAT YOU WOULD LIKE TO DISCUSS IN THE NEXT SECTION? (Approx XXXXXXXXXXwords)
We have learned from the subject that for a simple valid contract to be valid, there are six elements, keeping in mind that there are certain exceptions supported by case law.
You are expected to select one type of contract and summary the elements of the contract which you would like to discuss in the next section concerning the disruptive technology of your choice.
- WHAT ARE THE IMPACTS OF THE DISRUPTIVE TECHNOLOCY ON CONTRACT OF YOUR CHOICE? (Approx XXXXXXXXXXwords)
You may discuss the impact of the technology of your choice on one or more elements of the contract. The technology may affect the offer, or acceptance, or considerations etc.
- CONCLUSION (Approx 200 words)
- No new points are to be made in the conclusion. Common error is to only start and address the question in the conclusion. Thus must instead be done in the body of the assignment.
- The purpose of the conclusion is to summarise and emphasise the main argument(s) in the assignment.
POINTS TO REMEMBER ABOUT THE ASSIGNMENT - Word length? 2500 words, with a 10% leeway
- Due Date? Friday 21 April 2017, 11.59pm
- Position on extensions and late submissions? Strict application of the university policy.
- Referencing style: Australian Guide to Legal Citation (strictly applied- marks deducted if it is not adhered to)
Your assignment will be assessed based on the marking rubric below:
Assessment Criteria | HD XXXXXXXXXX%) | D (70-79%) | C (60-69%) | P (50-59%) | N (0-49%) | Score |
1. Mastery of fundamental knowledge of Business Law (30%)
| - Information shows insightful knowledge of the topic and relevant aspects of the law.
| Information shows a good knowledge of the topic and relevant aspects of the law. | . Information shows adequate knowledge of the topic and fundamental aspects of the law. | Information shows partial knowledge of the topic and some fundamental aspects of the law.
| Information shows limited knowledge of the topic and/or the law. |
2. Ability to source, integrate and critically evaluate information to support a cohesive overview of current knowledge on disruptive technologies; (30%) | - Meaningfully synthesises connections.
- Illuminating interpretation of importance and significance of disruptive technologies.
| - Effectively selects from a variety of sources.
- Clear analysis of the importance and significance of disruptive technologies.
| - Identifies connections between sources.
- Evaluates the importance of disruptive technologies.
| - Presents knowledge from difference sources.
- Elaborates the importance of disruptive technologies.
| - Sources basic information and/or describes topic.
|
3. Imagination and originality of thought (20%)
| - Problem of study is very creative or original with new and innovative ideas;
- Explored original topic and discovered new outcomes;
- Innovation methods was used in the analysis
| - Problem of study is original or creative;
- Design and approach is appropriate or innovative.
| - Problem of study moderately original or creative;
- Design and approach moderately appropriate or innovative.
| - Problem of study lacked creativity or not new;
- Duplication of previous work.
| No effort was shown to introduce new ideas or innovation to the research question. |
4. Ability to draw reasoned conclusions from a body of knowledge (15%)
| - Systematically interprets several bodies of knowledge and draws reasoned conclusions based on an evidence-base.
- Makes appropriate recommendations based on outcomes.
- Holistically evaluates the implications.
| - Evaluates several bodies of knowledge and draws conclusions based on an evidence-base.
- Makes some recommendations with some reference to outcomes.
| - Conclusions are logically derived from information.
- Identifies related outcomes and implications.
| - Conclusions are logically related to information.
- Some outcomes and implications are raised.
| - Conclusions are over simplified or inconsistent with the information discussed.
|
5. Presentation and referencing as per AGLC (5%) | - Accurate expression, grammar, spelling and punctuation.
- Full and accurate citation of authorities and sources.
- Thoroughly edited.
| - Occasional minor flaws in expression, grammar, spelling or punctuation.
- Authorities and sources are generally cited correctly.
- Well edited.
| - Some flaws in expression,
grammar, spelling or punctuation. - May have some missing, incomplete or incorrect
footnote citations. - Some oversights in editing.
| - Flaws in expression, grammar,
spelling or punctuation; - A number of missing, incomplete or incorrect footnote citations.
- Editing with little care.
| - Frequent or repeated flaws in expression, grammar, spelling or punctuation.
- Inadequate citation of sources.
- Poor editing.
|
6 Elements of a contract 1. offer and acceptance
2. consideration
3.intention to create legal relations
4. capacity
5.Consent
6.illegality
Types of contractsExpress Contracts:The Contracts where there is expression or conversation are called Express Contracts. For example: A has offered to sell his house and B has given acceptance. It is Express Contract.
Implied Contract:The Contracts where there is no expression are called implied contracts. Sitting in a Bus can be taken as example to implied contract between passenger and owner of the bus.
Quasi Contract:In case of Quasi Contract there will be no offer and acceptance so, Actually there will be no Contractual relations between the partners. Such a Contract which is created by Virtue of law is called Quasi Contract. Sections 68 to 72 of Contract Act read about the situations where court can create Quasi Contract.