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MLC101 Research Paper Instructions T1 2018 MLC101 Research Paper/In Class Test T1 2018 1 MLC101 Law for Commerce - Research Paper/in class test instructions This assessment is to be completed...

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MLC101 Research Paper Instructions T1 2018


MLC101 Research Pape
In Class Test T1 2018

1
MLC101 Law for Commerce - Research Pape
in class test instructions
This assessment is to be completed individually. It is worth 25% of the total marks for
MLC101. The Research Paper is marked out of 15 marks and the in-class test out of 10
marks. That represents a total of 25 marks and 25% of your overall assessment in MLC101.
The test part will be conducted during class time in week 8 and will be submitted in class.

Learning Outcomes

4. Understand, explain and apply the rules of law involving the protection of
consumers.
7. Demonstrate the ability to read and critically evaluate the principles of
law taught in this unit.
8. Explain relevant law and use the IRAC methodology for legal problem
solving;
9. Use appropriate digital technologies to search, retrieve and apply relevant
information to law for commerce.
RESEARCH PAPER QUESTIONS – CONSUMER LAW
TOPIC - CONSUMER GUARANTEES – Schedule 2 of the Competition and Consumer Act 2010
(Cth) (“the ACL”) (approx. 1200 words)
a) Consumer guarantees under the ACL apply to contracts for the supply of goods and
services to a ‘consumer’. Who is a ‘consumer’ under the ACL?
) Explain the rule that goods must be of acceptable quality.
c) Explain the rule that goods must be reasonably fit for any disclosed purpose.
d) Can the consumer guarantees be excluded under the ACL?
e) What remedies are available under the ACL for non-compliance with the consumer
guarantees?
Provide the relevant sections of the ACL and give case examples (where applicable) to
support your answers.


MLC101 Research Pape
In Class Test T1 2018

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INSTRUCTIONS
• You are to research these areas of law
ules of law in your own time, outside of class
time, and prepare a Research Paper. You are to submit your Research Paper online
on Monday 30th April 2018 (see instructions below). You are then to print off your
Research Paper and
ing it to class for this test in week 8.
• In class, in Week 8, you will be given a fact-based question/s where you will need to
apply the researched areas of law to a set of facts. This test will take place in your
own class in Week 8. You are to use the rules of law researched, in your Research
Paper, to answer the test. You are not to use any other materials, books or notes
during the test. You are not permitted to use the textbook during the test. NOTE:
electronic devices are not permitted. This means no mobile phones, electronic
translators, electronic notebooks or laptops.
• You will be allowed 5 minutes reading time and 30 minutes to complete the test in
class in Week 8.
• The in-class test will develop your understanding of how to apply legal principles to
legal problem questions and your writing and analysis skills.
IMPORTANT NOTE - you can only sit a test in your own class. You cannot sit a test in another
class. If you are not able to attend your class, you can only sit an alternative assessment if you
apply for and are granted special consideration. Please see the Unit Outline regarding how to
apply for special consideration.
Research Paper Instructions:

1. You must use at least three cu
ent sources or business law texts in researching your
answer.
2. You must use an appropriate mix of different sources
eferences.
3. Two of your references MUST be sourced through the Deakin Li
ary catalogue and
databases i.e. a textbook, an eBook or a journal.


MLC101 Research Pape
In Class Test T1 2018

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4. The remaining references
esearch sources MUST be from credible sites (for example:
the ACCC website or Austlii). Do not use material from Internet and blog sites such as
LawTeacher, Wikipedia or law firm websites.
5. You must not use the prescribed text as a research source.
6. The paper must be word processed in MS Word (.doc or .docx format). Files submitted
in any other format, including .pdf or .zip will not be marked.
7. The first page of your document must be a title page with the Research Paper title, your
name and student id and total word count (excluding footnotes).
8. The word limit is 1200 words. The word count does not include the list of references.
9. The file you submit should be named with your family name and student ID number.
10. References must be cited according to the Deakin University referencing guide found at
this link https:
www.deakin.edu.au/students/studying/study-
support
eferencing/harvard
11. Overall your paper must be a professional document that has been carefully spell
checked and proofread.
Submission:
Your must submit your Research Paper by 8.00am on Monday 30th April 2018 (Week 8) in
the submission inbox in Moodle. Do not submit a hard copy. If you submit after that time
without being granted an extension, marks will be deducted for late submission in line with
Deakin College Assessment Policy i.e. 10% per day or 1.5 marks. Papers submitted after 7
days will be given a mark of 0.
Note that it is the student’s responsibility to ensure their paper is submitted and received
into the submissions box on Moodle.
This requires a suitable internet connection and that you allow sufficient time before the
deadline for your submission to process into the submission inbox at this busy time. Please
check that your submission has been received. The responsibility to submit the Research
Paper into the submission inbox by the due time and date is the responsibility of the student
unless there is evidence of a failure of the Deakin College IT system.
Please note that when you submit your Research Paper into the submissions inbox you are
affirming the following:


MLC101 Research Pape
In Class Test T1 2018

4
“I certify that the attached work is entirely my own except where
work quoted or paraphrased is acknowledged in the text. I also
certify that it has not been submitted for assessment in any other
unit or course”.
Extension to Submission Date:
The policy for an extension to the submission date is as follows:
“Normally, at least 48 hours before the due date a student may
submit a written request to their Unit Coordinator via the Portal
for an extension of time for the submission of the assignment
(Research Paper) on the grounds of serious illness, accident,
disability, bereavement or other exceptional circumstances.
Applications must be accompanied by valid supporting
documentation”.

Question A. Consumer guarantees under the ACL applies to contracts for the supply of goods and services to a ‘consumer’. Who is the consumer under the ACL?
3 (1) A person is taken to have acquired particular goods as a consumer if, and only if:
(a) The amount paid or payable for the goods, as worked out under subsection (4) to (9), did not exceed:
(1) $40,000; o
(2) If a greater amount is prescribed for the purpose of this paragraph – that greater amount; o
(b) The goods were of a kind ordinarily acquired for personal, domestic or household use or consumption; o
(c) The good consists of a vehicle or trailer acquired for use principally in the transport of goods on public roads.
(2) however, subsection (1) does not apply if the person acquired the goods, or held himself or herself out as acquiring the goods:
(a) For the purpose of re-supply; or
(b) For the purpose of using them up or transforming them, in trade or commerce:
(1) In the course of a process of production or manufacture; o
(2) In the course of repairing or treating other goods or fixtures on land.
Question B. Explain the rule that goods must be acceptable quality.
The consumer has an action against the supplier where the goods are not of acceptable quality:
54 (1) IF:
(a) A person supplies, in trade of commerce, goods to a consumer; and
(b) The supply does not occur by way of sale by auction; there is a guarantee that the good are of acceptable quality.
2 Goods are of acceptable quality if they are as:
(a) Fit for all the purposes for which goods of that kind are commonly supplied; and
(b) Acceptable in appearance and finish; and
(c) Free from defects; and
(d) Safe; and
(e) Durable;
As a reasonable consumer fully acquainted with the state and condition of the goods (including any hidden defects of the goods),



RUBRIC T1 2018 MLC101 FINAL
DEAKIN COLLEGE - MLC101 LAW FOR COMMERCE T XXXXXXXXXXASSESSMENT MARKING RUBRIC
YET TO ACHIEVE MINIMUM STANDARD MEETS STANDARD EXCEEDS STANDARD
CRITERIA NOT ATTEMPTED

NEEDS IMPROVEMENT PASS CREDIT DISTINCTION HIGH DISTINCTION
RESEARCH PAPER
Identification of
the relevant legal
ules (including
cases and
sections of the
legislation)

LO4, LO7


10 marks
• Has failed to
identify and
explain the
elevant legal rules
• Has not used cases
and/or legislation
to support
discussion.



0 to 3.9 marks
• Has not
adequately
identified and
explained the
elevant legal
ules.
• Inadequate use of
cases and/or
legislation to
support
discussion.
4 to 4.9 marks
• Has identified and
explained the
elevant legal rules
to a satisfactory
standard.
• Has used some
case examples and
some sections of
legislation to
support
discussion.
5 to 5.9 marks
• Has identified and
explained the
elevant legal rules
to a high standard.
• A good use of case
examples and use of
co
ect sections of
legislation to
support discussion.


6 to 6.9 marks
• Has identified and
explained the
elevant legal rules
to a high good
standard.
• A very good use of
case examples and
use of co
ect
sections of
Answered Same Day Apr 23, 2020 MLC101 Deakin University

Solution

Preeti answered on Apr 27 2020
139 Votes
Australian Consumer Law & Guarantee
A) Consumer guarantees under the ACL apply to contracts for the supply of goods and
services to a ‘consumer’. Who is a ‘consumer’ under the ACL?
Schedule 2 of The Competition and Consumer Act 2010 (CCA), has defined Australian Consumer law (ACL), which is administered by the Australian Competition and Consumer Commission (ACCA) provides legislative vehicle to protect consumers, promote fair trading and competition. Under ACL, consumer guarantee is wider in scope applicable to all goods and services, where ‘consumer’ can be an individual or business firm, providing:
· Purchasing or acquiring goods or services valued at or less than $40,000.
· Purchasing goods or services valued more than $40,000, but used for personal, domestic and household purpose.
· Goods include vehicle or a trailer used for the purpose of transporting goods.
(ACCC: small business and the competition and consumer act, 2018).
) Explain the rule that goods must be of acceptable quality.
Section 5-12 ACL in relation to goods imposed standard of acceptable quality, which is very similar to the standard of ‘satisfactory quality’. It does not extent substantive protection, but asks suppliers to clarify underlying terms and conditions with respect to:
· Nature of the goods, and its price (if relevant)
· Clear statement regarding packaging or label on the goods
· Representation made by the supplier or manufacturer about the goods
· Any other relevant provisions or conditions relating to the manufacturing and supply of goods.
(ACCC: small business and the competition and consumer act, 2018).
The case law Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (No 4) [2015] FCA 1408 based on falsely described product descriptions and misleading representations made by the supplier and manufacturer regarding goods quality. In the case, ACCC took action against Reckitt Benckiser in relation to false claims and representations made by the company for Nurofen products developed for specific pain. Under section 18 and 33, ACCC alleged that Reckitt Benckiser markets and sells products with the claim of treating specific type of pain targeting and relieving specific sorts of pain, such as headache, migraine, back pain, etc, which is not actually true. On this allegation, court held that Reckitt Benckiser products contain same ingredient and formulation process, none of the product is different. All the representations made by Reckitt Benckiser regarding each product is specifically formulated for treating specific type of pin is false, therefore a class action is filed and Reckitt Benckiser ordered to pay costs (Fairweather, O'Shea and Grantham, 2016).
c) Explain the rule that goods must be reasonably fit for any disclosed purpose.
Section 6-7 ACL provided that goods are of merchantable quality if they are fit and eligible to...
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