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Page 1 XXXXXXXXXXKaplan Business School Assessment Outline Assessment 2 Information Subject Code: BUS107 Subject Name: Commercial Law Assessment Title: Assignment Assessment Type: Video Presentation...

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Page 1 XXXXXXXXXXKaplan Business School Assessment Outline

Assessment 2 Information
Subject Code: BUS107
Subject Name: Commercial Law
Assessment Title: Assignment
Assessment Type: Video Presentation
Presentation Length: 3 Minutes (+/-10%)
Weighting: 40 %
Total Marks: 40
Submission: Via MyKBS
Due Date: Week 10
.
Your Task
Create a three minute video presentation explaining how the law protects consumers from misleading
and deceptive conduct
Assessment Description
• Australian Consumer Law protects consumers against misleading and deceptive conduct.
Retailers of goods and services are prohibited from making false claims in advertising. Yet many
advertisements seem to paint a picture that is less than accurate. Where do the boundaries lie
etween what is and what is not acceptable?
• The Learning Outcomes you will demonstrate by successfully completing this assessment include:
o Describe the specific key areas of law that regulate commerce in Australia
o Determine the rights and duties of different parties to a commercial transaction based
on analysis of case law and legislation
o Formulate written arguments that apply legal rules regulating commercial transactions
Assessment Instructions
• Record yourself for three minutes explaining:
1. A possible consumer protection issue you have identified in a piece of advertising; and
2. The rule or law that is relevant to that issue; and
3. How the law applies to the issue; and
4. A conclusion as to whether or not the advertisement infringes Australian Consumer Law
• Submit your video presentation by uploading to MyKBS
• A webinar will be hosted prior to the due date offering further guidance
• Please refer to the assessment marking guide to assist you in completing all the assessment
criteria.
Page 2 XXXXXXXXXXKaplan Business School Assessment Outline

Important Study Information


Academic Integrity Policy

KBS values academic integrity. All students must understand the meaning and consequences
of cheating, plagiarism and other academic offences under the Academic Integrity and Conduct
Policy.

What is academic integrity and misconduct?
What are the penalties for academic misconduct?
What are the late penalties?
How can I appeal my grade?

Click here for answers to these questions:
http:
www.kbs.edu.au/cu
ent-students/student-policies/.


Video Limits for Assessments

Submissions that exceed the time limit by more than 10% will cease to be marked from the point
at which that limit is exceeded.


Study Assistance

Students may seek study assistance from their local Academic Learning Advisor or refer to the
esources on the MyKBS Academic Success Centre page. Click here for this information.
http:
www.kbs.edu.au/cu
ent-students/student-policies
https:
elearning.kbs.edu.au/course/view.php?id=1481

Page 3 XXXXXXXXXXKaplan Business School Assessment Outline



Assessment Marking Guide


Criteria
F (Fail)
0%-49%
P (Pass)
50%-64%
CR (Credit)
65%-74%
D (Distinction)
75% - 84%
HD (High Distinction)
85%-100%
Mark
Issue

Issue not clearly identified or
not relevant to consumer
protection or not based upon
a piece of advertising.
Issue identified at least partially
elevant to consumer protection
and based upon a piece of
advertising.
Issue identified mostly
elevant to consumer
protection, based upon a
piece of advertising and
articulated reasonably well.
Issue identified relevant to
consumer protection, based
upon a piece of advertising,
clearly articulated.
Issue identified highly relevant
to consumer protection, based
upon a piece of advertising
clearly articulated demonstrating
advanced level understanding.
8
Rule No reference made to
Australian Consumer Law or
elevant case law or law
discussed not relevant to the
issue identified.
Mostly relevant statutory or
case law referenced but not
discussed in detail or
appropriately cited.
Mostly relevant statutory or
case law referenced and
discussed in detail with
appropriate citation.
Relevant statutory and case
law referenced and discussed
in detail with appropriate
citation.
Highly relevant statutory and
case law referenced and
discussed in detail with
appropriate citation.
8
Application No attempt made to apply
elevant statutory or case
law to the issue or law
inco
ectly applied.
Mostly relevant statutory or
case law applied to the issue
with reasonable clarity.
Mostly relevant statutory or
case law applied to the issue
with reasonable clarity and
demonstrated understanding.
Relevant statutory or case
law applied to the issue with
clarity and demonstrated
understanding.
Highly relevant statutory and
case law applied to the issue
with a high degree of clarity and
demonstrated advanced level
understanding.
8
Conclusion No logical conclusion or
e
oneous conclusion drawn
ased upon application of
the relevant law to the issue
identified or conclusion does
not resolve the issue
identified.
Reasonable conclusion drawn
ased upon application of the
elevant law to the issue
identified that at least partially
esolves the issue.
Credible conclusion drawn
ased upon application of
the relevant law to the issue
identified that resolves the
issue.
Logical conclusion drawn
ased upon application of the
elevant law to the issue
identified.
Comprehensive conclusion
drawn based upon application of
the relevant law to the issue
identified that thoroughly
esolves the issue.
8
Structure, Format and
Presentation
Answer not clearly and
logically presented.
Appropriate theory and
esearch not used to answer
question posed. Format of
answer inconsistent with
question requirements and
KBS guidelines.
Answer logically presented.
Some appropriate theory and
esearch used to answer
question posed. Format of
answer mostly consistent with
question requirements and KBS
guidelines.

Answer clearly and logically
presented. Appropriate
theory and research used to
answer question posed.
Format of answer consistent
with question requirements
and KBS guidelines.
Answer clear, concise and
logically presented.
Appropriate theory and
additional research used to
answer question posed.
Format of answer consistent
with question requirements
and KBS guidelines.
Answer clear, concise, effective,
and logically presented.
Appropriate theory and
comprehensive research used
to answer question posed.
Format of answer consistent
with question requirements and
KBS guidelines.
8
Comments:


40
Answered Same Day May 19, 2021 BUS107

Solution

Preeti answered on May 23 2021
154 Votes
Australian Commercial Law: False Advertising Claims by Samsung
Issue
The underlying issue in the given case scenario is based on the fact where Australian Competition and Consumer Commission (ACCC) sued Samsung for making false, misleading and deceptive advertising claims and statements. ACCC filed a suit at Federal Court Australia against Samsung advertisement which featured misleading representation regarding water-resistance power of its Galaxy mobile phones. The legal suit covers more than 300 ads which showed people swimming in pools and surfing in ocean waves with the Galaxy mobile phones. In all these ads, Samsung claimed that Galaxy mobile phones are water resistant and would not cause any harm up to 1.5 metres kept in depth for 30 minutes (Cameron, 2019).
Law
ACCC makes several laws for protecting consumers from being misled about any kind of false claims made by products and services. Business firms are not allowed to make any kind of inco
ect statements or false impressions. This rule applies uniformly to all kinds of advertising, product packaging, and any kind of information provided in online shopping channels. Whether statements made by business firms in the online media, print media, testimonials, websites or social media pages, false claims about product quality, style, model or history is not allowed. Any kind of false claims regarding product performance characteristics, features, benefits, products and service usage, is not allowed or permitted (ACCC: False or misleading claims, 2020).
In determining this, ACCC clearly stipulated the fact that it makes no difference whether business firm intends to mislead or misguide customers or not. If the overall impression with respect to advertisement appears as misleading in nature, it falls in the category of misleading advertisement....
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