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Avoid the Hustle

Business Law case study

Category: Business

The case study which students are required to resolve using the four step process is set out below on page 6. Students are required to apply the 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 the Australian legal system.

You will have to listen to the four step process vodcast in the assessment folder on blackboard prior to attempting this assignment. Please note also that the information contained in the course materials (the text book, E- tutorials and seminar materials) are sufficient when completing your assignment. It is not necessary to research beyond these materials for the purpose of completing this assignment.

NOTE:

• The fact scenario used in this assignment is fictitious.

• Students are to focus on answering the assignment question with reference to the materials covered in topic 3. Students do not need to (and should not) undertake any additional research. The level of detail and information contained in the course materials is sufficient to answer the assignment.

• Note the four step process requires students to refer to legislation or case law as authority for the rules of law explained in step two.Where appropriate you will need to refer to any applicable legislation or case authorities contained in the material for topic 3. You may also want to review the materials on referencing that were provided for the first assignment.

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Marking rubric

The case study is made up of two (2) four step process questions. Each is worth fifteen (15) marks. The four step process marking rubric for each question is as follows:

STEP ONE

Identify the legal issue

No marks specifically (as this is usually stated in the question)

STEP TWO

Explain the rule(s) of law with reference to relevant authority.

8 marks available

STEP THREE

The rules of law explained must be specifically applied to the facts so a solution can be found.

6 marks available

STEP FOUR

A logical conclusion should flow fromthe above steps

No marks specifically available

Overall use of the four step process, structure of the answer and referencing.

1 mark available

In relation to the marks allocated for the overall use of the four step process, structure of the answer and referencing, regard will be had to not just whether the answer is “set out” in the four steps.

Consideration will be given to the clarity of the explanation of the law with regard to applicable authority where relevant. Students will be rewarded here for a detailed application of the facts to the law explained. For example, a very good use of the four step process would be the application of the facts specifically to every principle of law explained.

Consideration will also be given to the logical presentation, coherency and consistency of the explanation of the law, application of facts and subsequent conclusion. Consequently this will include a consideration of matters such as presentation, formatting, expression, sentence structure, grammar and the like.

As a general guide, a student who has used the four step process correctly for each question(has identified the relevant principle(s) of law, explained the rule(s), applied the facts and come to a logical conclusion), but where the explanation of the law or application of the facts is not as detailed as it could be, or the conclusion is not a logical progression of what has gone before, the student would be awarded a pass mark for this part of the assignment, i.e. 0.5 marks.

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Referencing and appropriate acknowledgement of sources

Most often errors in referencing are incidental or clearly inadvertent. In the event of a level one incident of plagiarismoccurring, a student may be contacted by the University and required to undertake further training or remedial work in relation to referencing. Where the lack of correct referencing appears to contravene the University policy on plagiarism, the student’s paper will be referred to the Unit Coordinator and dealt with according to University policy. This may amount to academic misconduct.

An important aspect of the University Plagiarism Policy is recognition that not all plagiarism incidents are intentional or involves cheating. If students are not learning as expected, they will be made aware of their difficulties and helped to improve. Those who deliberately choose to cheat by way of plagiarism, however, will be identified and dealt with accordingly.

Students are strongly advised to understand their responsibilities in relation to correct referencing and should consult the unit outline and PowerPoint slides on referencing located on the Business Law 100 Blackboard site for more information.

Format of assignments

Assignments cannot be handwritten and must comply with the following format requirements. Those assignments, which do not conform to these requirements without prior agreement of the unit coordinator, will either be returned to the student unmarked or will have marks deducted:

• Document type: Word or pdf (pdf preferred)

• Font: Arial or similar font – no smaller than 12 point in size

• Pages: Numbered in top or bottom margin

• Spacing: Appropriate line spacing and paragraph spacing

• Margins: At least 2.5 cm top, left, right & bottom

Presentation

• Cover sheet (located on Blackboard under the ‘Assessment’ tab) must be attached to the assignment

• Appropriate sentence structure

• Correct grammar, spelling and punctuation

• Paragraph size and breaks appropriate

• Consistent format

• Appropriate use of headings and sub-headings

• Within acceptable word limit

• Appropriate referencing and acknowledgment of sources

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Word Limit

The total assignment (meaning question one and two) should be a minimum of 500 words and not exceed 2,500 words.

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 3,500 words and will result in a ZERO mark.

The word count does not include the following:

• cover sheet;

• in-text referencing;

• referencing list; and

• headings.

Submission

Please read the submission process carefully. Students should understand that compliance with instructions in relation to an assessment task is critical. Students MUST be aware that non- compliance with submission instructions can result in a mark of ZERO.

All assignments must be submitted by 1PM (WST) on the Monday of the week the assignment is due,

i.e. Assignment two is due Monday, 4 May 2015 by 1PM (WST).

Students are required to submit their assignment to Blackboard through a link provided in the ‘Assessment’ folder titled ‘Assignment two’. The assignment will automatically be submitted to the plagiarismdetection program, Turnitin.

Students are given the option to submit a draft assignment into Turnitin (via Blackboard) to retrieve an originality report for their assignment. To submit a draft assignment, students must upload their draft assignment to Blackboard through a link provided in the ‘Assessment’ folder titled ‘Assignment two: Revision 1’.

For more information about the submission process or Turnitin, please refer to the detailed submission instructions on Blackboard within the ‘Assessment’ folder.

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Feedback on assignments

All of the teaching staff are available to assist you with your learning in this unit. You should contact your lecturer if you need help understanding the course material or issues arising in the assignment. There is also a staffed discussion board available for students. It is often helpful to share ideas and problems with other students using this forum. You can also contact the unit coordinator if you are still unable to get the answer you are seeking. Please allow 48 hours (two working days) for a response to your query.

Unfortunately it is just not possible for the teaching staff to review draft assignments for comment before submission as it is in effect double marking. If you require help with your assignment, either narrow the question or section of work to specific questions.

Students will be provided with an answer guide and individual comments on what a student had done well and suggestions for improvement in the future. This will include specific feedback on the use of the four step process.

Assessments submitted early will not be marked before the due date.

Please refer to the unit outline for the full procedure in relation to penalties for late submission and requests for an extension.

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Case study

Matt has always admired his cousin Josh’s silver BMW car and often said that he would love to buy it if Josh ever wanted to sell it. Matt has been a car enthusiast for many years and has an extensive knowledge of cars particularly high performance European models and is a massive fan of BMW’s.

Josh however considers a car is only a device for transport and has little other interest in them. His father bought him the car as a present when he completed his undergraduate degree many years ago. As his car is now almost 15 years old, Josh decides that he should move on to a more modern car. He remembered what Matt has often said about buying the BMW and decides to offer the car to him next time they meet.

The following week Josh mentions that he would like to sell his car and offers it to Matt for $5000 which he thinks is a fair price for a 15 year old car. Matt is rather surprised and tells Josh that he will think about it and that he will call him tomorrow morning. Matt is happy with this arrangement as he is well aware that the BMW may be old but is in fact a rare ‘M3R’ model built exclusively for the Australian market in limited numbers and is easily worth more than $20000. He often wondered why Josh’s father bought such an expensive car for Josh who did not seem even slightly interested in such a special car.

While surfing the internet that night Josh begins to worry whether the price he discussed with Matt was excessive as they are cousins and he wouldn’t want to overcharge him. Josh decides to have a look online for help in establishing the value of his car and sees a link to an online car sales website. Although he couldn’t find an example of a car like his in the classifieds, he clicked on the ‘research’ link and went through the steps to obtain a value for his car. He is shocked to learn that his car is listed as having a private sale price range of $21,500-$23,400.

He decides to ring Matt first thing next morning and tell him that he can’t sell the car for $5000 because;

1. He has discovered that it is valued at much, much more.

2. That there is no agreement anyway as they are cousins.

3. He changed his mind about selling the car to Matt last night.

However, when Josh rings Matt to give him the bad news, Matt interrupts and says they have a deal and that he would like to collect the car at lunchtime.

Question:

1. Using the 4 step process, consider whether the elements of intention and consideration have been satisfied in the above scenario.

and

2. Using the 4 step process, also consider whether the element of agreement is satisfied in the above scenario.

NOTE: Restrict your answer to Topic 3 contract formation issues only as per the two questions. There is no need to explore any contract law issues contained in Topic’s 4, 5, 6 or 7.

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