LAWS11030 Foundations of Business Law Assessment Task 1 – Individual Assignment Question, Instructions and Marking Rubric Term 2 2020 Marks: 40% of the overall assessment for the unit Submission:...

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LAWS11030 Foundations of Business Law
Assessment Task 1 – Individual Assignment
Question, Instructions and Marking Ru
Term 2 2020
Marks:         40% of the overall assessment for the unit
Submission:         Online via Moodle
Format:         One file in .doc or .docx (MSWord) format.
Submissions in any other file format (e.g. .zip) will be treated as a non-submission.
Size 12 font in Times New Roman, Cali
i or Cam
ia and double spaced.
Word limit:         Maximum of 2,200 words
Due date:         Week 8: 11.45 pm (AEST) Wednesday 8 September 2020
Extensions:        Extensions will only be granted in exceptional circumstances and must be submitted by Moodle with supporting documentation
Late submission:    Penalty of 2 marks per day
Return to students:     Week 10: Wednesday 23 September 2020
Referencing:        Students must co
ectly cite all materials used in writing the assignment, including cases, legislation, textbooks and online materials. Students can use in-text citation by using the American Psychological Association (APA) Referencing Guide (7th edition) or footnotes using the Australian Guide to Legal Citation (4th edition).
A bibliography at the end of the assignment is required but is not included in the word count.
Plagiarism:        The university’s plagiarism policy will also be strictly enforced. If plagiarism is found the matter will be refe
ed to the academic integrity unit to investigate. Various penalties may be imposed on students who
each the university’s academic integrity policies that are on Moodle, including zero marks for the assessment. See the Moodle resources on Plagiarism. Be sure to access the ALC for assistance with referencing.
Analysis in answers in Part A and B must be supported with case and/or statute references where relevant.
Please access the assignment advice and the weekly video workshops on Moodle.
Students must complete all Parts of the Assignment.
Part A (20 marks) approx. 1000 words
Locate the full law report for the case refe
ed to below at the Australian Legal Information Institute site ( Do not use a summary. Please be very careful that you find this particular case. The citation of the case is important. See the text in chapter 4 for general assistance.
Dockside Fitness Pty Ltd, Michael Anthony Jackson and Jonathon William Michael Jackson v Brian Woods XXXXXXXXXXTASSC 142
Most parts of the Part A answers can be taken from the case but you may also do further research or refer to Moodle materials in your assignment.
Read the case and use complete sentences to answer the following questions:
1. In what court was this case heard and explain where this court is situated in the Australian court hierarchy?    
2 marks
2. Is this case a civil or criminal case? Which party bears the onus of proof in the present case?
2 marks
3. In your own words
iefly outline the main legal issues in this case. The case, prescribed textbook and other research will be helpful.    
2 marks
4. Identify the key areas of contract law that are examined in the case.    
2 marks
5. Select one of the Australian cases cited in Dockside Fitness Pty Ltd and explain how it connects with the study of contract law in the unit.    
2 marks
6. Explain how the treatment by the court of contract issues in Dockside Fitness Pty Ltd could adversely affect the operations of a business.
5 marks
7. Explain whether you think the outcome of this case is fair? As part of preparation for aspects of the answer discuss this question with work colleagues or family members. What business law lessons did you learn from reading this case?     
5 marks
Part B (20 marks)
1. (a) Min receives an advertising catalogue in the post from a nea
y electronics’ shop, Tu Pty Ltd, offering a new laptop for $200. This is an e
or. The price should have read $750. Min goes to the shop and advises the owner that she accepts the offer. The owner of the shop refuses to sell the new laptop at the advertised price. Applying common law contract principles only and ignoring the application of the Australian Consumer Law, can Min demand that the company sell the laptop to her for $200? Use case examples and legal principles to support the analysis in the answer.
Do not discuss statute law.
5 marks (approx. 300 words)
(b) Gina is an elderly woman who lives in Brisbane. She cannot speak or read and write English very well. Early this year she visited her bank, Wusspac, and signed documents which her bank manager, Ian, said were general papers relating to her savings account. A month later Gina found out that she had signed mortgage documents over her house guaranteeing the debts of her grandson and his business. Gina is shocked to find out the bank could sell her house to pay her grandson’s business debts. She wishes to stop the bank. Advise how Gina can prevent the bank from enforcing the signed agreement. Use case examples and common law contract legal principles to support the analysis in the answer.
Do not discuss statute law.
5 marks (approx. 300 words)
2. (a) Shoes R Us Pty Ltd is based in Melbourne and imports shoes to sell in its retail outlets. It sells and promotes wonder shoes that it claims strengthen muscles in your legs if you wear the shoes each day. This is not true and the claims cannot be substantiated. In the early months of this year Shoes R Us Pty Ltd advertise these shoes online and through media and claim that the shoes have these special characteristics. Could the ACCC take action against Shoes R Us Pty Ltd and advise whether it could obtain remedies against the business under the Australian Consumer Law. Use cases, remedies, and statute sections in the analysis.
Do not discuss the common law contract principles.
5 marks (approx. 300 words)
(b) Henry operates an antiques business in Rockhampton known as Henry Woods Pty Ltd. He is aware that genuine antique furniture are big sellers and attract high prices. He a
anges with his nephew, Ben, to manufacture multiple new copies of antique tables. Henry advertises this new stock as antique and makes many sales. Explain whether Henry and his business have
eached the Australian Consumer Law. Use cases, remedies, and statute sections in the analysis.
    Do not discuss the common law contract principles.
5 marks (approx. 300 words)
Assignment Format
Greetings: below are some points that you may find useful as to how your assignment can be presented.
Do not type out the full assignment questions. List the answers with number Part A. Q 1(b)) o
Part B 2 (b) before the answers.
Support Part A and B answers with case and/or statute references to support the analysis where relevant.
For Part A, there is no particular format. 1000 words are the guide with twenty marks on offer. Allow say 50 words per mark as a general guide. You have to number your answers clearly and use complete sentences.
As for Part B the legal problem questions should be answered in the following format:
1. Issue: what is the legal problem/legal topic that needs to be addressed based on the facts of this case. Generally, I like to put the issue in the form of a question so that in my subsequent analysis will answer back to the issue.
2. The law
ules: the second step is look at what are the legal principles that are relevant to the issue. In this section, you need to support the law with relevant cases and proper citations and outline the relevant principles that come out of these cases. Referencing APA or AGLC/legal is acceptable. You only need to provide one form of referencing.
3. Application of law to the facts of the case. In this paragraph(s), you dissect and discuss the facts of the case, apply the law and finally determine the outcome of the case. The outcome may be that the parties have or have not reached a legally binding agreement. Generally this goes back to the issue.
4. Remedies/Conclusion: what are the likely orders the court will grant.
Chapter 4 in the text at pages XXXXXXXXXXand other Moodle resources in the Assessment Items’ section can assist.
Remember that the Academic Learning Centre can assist at the nearest campus and online with organizing the structure of the assignment answers and its connection to the set questions, language use, referencing and the use of Turnitin and similarity issues.
Best wishes
Dr Matt Nichol
Unit Coordinator and Lecturer in Law
The College of Law, Criminology and Justice 
Melbourne Campus
Central Queensland University Australia 
The assignment will be marked in accordance with the university’s grades policy (which can be accessed via the course profile) and the assessment criteria set out in the unit profile. The below marking ru
ic incorporates that policy.
    Demonstrates imagination, originality or flair, based on proficiency in all the learning outcomes of the unit; work is interesting or surprisingly exciting, challenging, well read or scholarly.
COMMENT: Here, the student will have done everything well, provided some original insights, and formulated their answer in a tight, efficient, thoroughly professional manner. Their explanations and arguments
will have a strong logical flow and be
convincing. Their research will be thorough.
The problem solving will be thorough and should use the IRAC method at a high standard.
    Demonstrates awareness and understanding of deeper and less obvious aspects of the unit, such as ability to identify and debate critical issues or problems, ability to solve non‐routine problems, ability to adapt and apply ideas to new situations, and ability to invent and evaluate new ideas. COMMENT: The student will demonstrate this by achieving all the outcomes for a Credit, but also some of the imagination, originality o
flair required for a High Distinction. The problem solving will be thorough and should use the IRAC method
at a high standard.
    Demonstrates ability to use and apply fundamental concepts and skills of the unit, going beyond mere replication of content knowledge or skill to show understanding of key ideas, awareness of their relevance, some use of analytical skills, and some originality or insight.
COMMENT: Learning involves not only knowing principles or concepts but also the ability to apply them to a real-
life situation. The problem solving will be thorough and should use the IRAC method at a high standard.
Demonstrates the learning outcomes of the unit, such as knowledge of fundamental concepts and performance of basic
Answered Same DaySep 05, 2021LAWS11030Central Queensland University


Ishika answered on Sep 08 2021
50 Votes
Foundations of Business Law
Assessment Task 1
Part A
1 The case was heard in the Supreme Court of Tasmania.
The Tasmanian Supreme Court is the supreme state court in Australia. The Supreme Court of Tasmania is in the middle tier in the Australian legal system, each having appeal authority over lower courts and allowing court rulings to be decided on an application by the Australian high court.
2 This case is a civil action for torts and damages in particular. In civil litigation, through a preponderance of proof, the plaintiff has the presumption of proof (burden of proof).
A civil case starts when a individual or entity (such as a corporation or government), designated the claimant, argues that another person or entity (the defendant) has failed to perform a legal obligation owed to the claimant. Both the complainant and the defendant are often refe
ed to as "parties" or "litigants." The complainant may ask the court to order the defendant to perform the obligation, or to make restitution for the harm done, or both. Judicial responsibilities require protection for legally defined rights or federal or state laws. In this case the conduct of the claimants is focused on contract, coercion, promissory estoppel and legislation (Fair Trading Act, 1990).
1. Causes of Action
2. Contract
3. Tort
1. The conduct of the plaintiffs is focused on contract, tort, promissory estoppel and the law (Fair Trading Act 1990). The contract action alleges repudiation by the defendant in refusing to allow Jonathon Jackson to fill one of the two crew positions set out in the sponsorship agreement.
2. During the course of the race the defendant offered two vessel locations. He did not acknowledge the existence of a deal with someone other than the first named complainant, although he acknowledged that there was an agreement with Jackson in his reaction to inte
3. In my opinion concerning the lawsuits for serious injury, this cause of action should not be decided strictly speaking but, considering the nature of the question of actions and their effect on the respective parties, it is prudent to draw conclusions applicable to both issues.
4 The key areas of contract law that has been examined are:
1.The plaintiff argued that the decision was taken because the weight limit was imposed by the ranking certificate, while the defendant maintained that the decision was appropriate because of Jonathon Jackson's marine illness on the delivery journey which made him unfit as a race crew member.
The pronouncement that neither Jackson nor Jonathon, Jackson took part in the race preceded Acrimony. Woods has not returned any of the sponsorship moneys.
2. According to the Fair Trade Act of 1990, the conduct of the plaintiffs is based on contract , tort, promissory estoppel along with statute.The case in the contract demanded the defendant's repudiation for refusing to allow Jonathon Jackson to fill one of the crew roles provided for in the sponsorship agreement. The defendant denied violation on the grounds that it was an implicit term a
angement that the involvement of Jackson and his son as crew members did not jeopardise the vessel's protection, that Jonathon Jackson's marine illness
ought such a term into the contract's service and results would be unthinkable. The claim in tort is for economic injury that is founded on violation of duty and negligence intended in part to allow the complainants to obtain exemplary damages.
3.The defendant agreed to make two places on the vessel during the race. He did not admit the existence of a contract with the first-named complainant, although he acknowledged that an a
angement with Jackson was being reached. Both the plaintiffs were discussing this and both were directly introduced to the defendant through his lawyer, Sprott.
4. The inference concerning the claim for aggravated damages is not mandatory in order to ascertain the cause of the action, but because the topic of conduct and its effect on the respective parties has an impact on all damages, along with tort...

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