KINDLY READ INSTRUCTIONS CAREFULLY AND FOLLOW IT STRICTLY
Commercial Law (BULAW1503) Assignment Semester 1, 2018 Due: Friday Week 8 at 5 pm – MUST BE SUBMITTED ON MOODLE Weighting: 35% The purpose of the assignment is for you to undertake independent research into a particular aspect of law, to reflect on and consider particular legal issues and to apply your legal skills. We are looking for a demonstrated understanding of commercial law and this requires you to use substantive law to support your argument. The length of the assignment is to be 2000 words. Please provide a word count with the assignment. You do not need to include the references in the word count. In regard to your referencing, a reference list is required and not a bibliography. In writing your responses, make sure you answer the questions asked and address the criteria outlined in the Course Description. Most marks are given for analysis; very few marks are given for merely restating information (including the facts). You should note that the most important assessment criterion for this task is your ability to apply knowledge and present arguments to justify your analysis. Take care also to follow the presentation requirements and to note the warning about plagiarism in the Course Description. In your answer to both questions, only consider the Australian law of agency. You must complete BOTH QUESTIONS in this assignment. QUESTION 1: Jevan is a band manager for the rock band ‘The Thin Heads’. Each month Jevan enters into binding contracts with John for guitar servicing for the band members as well as for others. Jevan has undertaken the function of ‘band manager’ for a number of years and often undertakes matters incidental to the bands needs including but not limited to booking accommodation, organising meals and organising instrument repairs and maintenance. A member of the Thin Heads, Jimbo asks Jevan to organise a service of a highly collectable guitar. Jevan has the work completed by John and the cost of the repair, which necessitated a full rebuild, amounting to $8,800. When Jevan returns the guitar to Jimbo, Jimbo refuses to pay as do the other members of the thin heads. However, after receiving a legal letter of demand from John and through fear of legal action, Jimbo acquiesces and makes payment. Consider all the legal issues and relevant points arising in agency from this scenario. In your response, you must consistently refer to relevant Australian agency case law. (20 marks) QUESTION 2: This question is separate from the question above. Discuss how apparent authority arises in agency on the basis of third party perceptions. In your response use relevant Australian case authorities to support your discussion (15 marks) END ASSIGNMENT QUESTIONS CRICOS Provider No. 00103D Commercial Law Assigment – Semester 1, 2018 Page 1 of 1 CRICOS Provider No. 00103D Commercial Law Assigment – Semester 2, 2017 Page 2 of 2 Course Description (Higher Education) Course Description (Higher Education) BULAW1503 Commercial law School: Federation Business School Course Title:Commercial law Course Code:BULAW1503 Teaching Location:Partner locations, Mt Helen, Berwick & Gippsland Credit Points:15 Semester, Year:1, 2018 Prerequisite(s):BULAW1502 Fundamentals of Law Corequisite(s):Nil Exclusion(s):Nil ASCED Code: 091103 Program Level: Level of course in Program AQF Level(s) of Program 5 6 7 8 9 10 Introductory X Intermediate Advanced Organisation: Staff Course Coordinator Details Name Eric Holm Email Contact
[email protected] Office Location & Campus B101 Mt Helen Phone Contact 03 5327 6206 Consultation Hours Monday 3.00 pm-5.00 pm & Tuesday 10.30am-12.30pm during semester 1 (excluding study breaks and university recognised holidays) or by appointment Lecturer Details Tutor Details (if relevant) Name Email Contact Office Location & Campus Phone Contact Consultation Hours Prescribed Text This course will be conducted on the presumption that students have a copy of: Latimer. P, Australian Business Law 35th Edition, 2016 Oxford University Press ISBN 9780190304348 (previous CCH editions (34th or 33rd) is acceptable) Student Responsibility It is the responsibility of every student to be aware of the requirements for this course, and understand the specific details included in this document. For full details of programs and school procedures, please refer to the Federation Business School Programs Handbook available at http://federation.edu.au/faculties-and-schools/federation-business-school/student-resources/continuing-students/timetables Students should be aware of the content of the handbook, particularly: · Special Consideration process and forms · Assignment Coversheet · Submission of tasks and assignments · Grading codes · Appeal process · Unsatisfactory progress - Early Intervention It is emphasised that this course requires a significant commitment outside of formal class contact. The learning tasks in this course may include classes (lectures, tutorials or seminars), required reading, the preparation of answers to set questions, exercises and problems, and self-study. In addition, students may be required to complete an assignment, test or examination. The table below is an example of the suggested time allocations for this course. Classes 3 hours per topic 36 hours Reading 2 hours per topic 24 hours Preparation of set questions, exercises and problems 4 hours per topic 48 hours Preparation of assignment 20 hours Study and revision for test and end of semester examination 22 hours TOTAL 150 hours Attendance and Participation It is in students’ interest to make every effort to attend all the classes for this course and to complete all preparatory and assessment tasks. It is our experience that those students who do not attend class or carry out the associated activities are more likely to do poorly or to fail the course completely. Late Submission Assessment tasks submitted after the due date, without prior approval/arrangement, will be penalised at 10% of the available marks per day. Requests for extension of time must be made with the lecturer concerned and based on Special Consideration guidelines http://policy.federation.edu.au/student_services_and_administration/enrolment/special_consideration/ch01.php Moderation of Results Moderation refers to the practice of quality assurance of assessable tasks and marking carried out at any of the School’s Partner Providers’ locations. Moderation addresses the interests of students, staff, the School’s partners and external stakeholders. Moderation seeks to ensure that: · Good practice in assessment is being applied consistently across the institution and its programs; · Student performance is being properly, fairly and consistently judged for all students undertaking the same course of study; and · Standards expected of, and achieved by, students are appropriate, reliable and comparable to good practice at the University and nationally. Standardisation of assessment may result in a student’s mark being amended. This is your guarantee that your results are comparable to Federation University results in all locations. Course Evaluation We welcome feedback as one way to keep improving this course. Students are encouraged to provide course feedback through eVALUate, the University’s online student feedback system. eVALUate will be available to students during Weeks 10 and 11 by the Student Survey dashboard system using FedUni student user names and passwords. Closing the loop: 1. Acknowledgement of positive and negative issues overall: Please table a summary of the Course Summary Report What are the most helpful aspects of this course?• The annotated lecture slides that corresponded to the text book, where so helpful! The lack of tutorial answers where really good because you had to actual convince yourself and the reader of your point. • Every part of the course was always helpful as the lecturer made sure that there was almost all resources available.• The lectures were so helpful only.• Lecturer is easily accessible. Clearly defined tasks. Assessment given out early - we knew well in advanced what was expected. 13. How do you think this course might be improved? • we need more exercises and answers after class• Less content, less overlapping with Fundamentals of Law • I can't think of anything.• Make the presentation easier rather than speaking very difficult to understand • N/A - course is pretty good as is. 2. Summary of how any issues will be addressed in the future delivery of the course Amendments have been made to course content to ensure smooth delivery. The content in this regard has been reviewed and less content is included within the course while the key content retained. As there may be considerable time between when students complete Fundamentals of law and Commercial law, some revision is needed and many concepts of commercial law build on the foundations of material covered in Fundamentals of law so overlap is unavoidable but will be reviewed where possible. 3. An estimated time when corrective actions will be completed in the course These changes have been put into effect for 2018. Moodle Moodle is used to host course resources for all courses. Students can download lecture and tutorial notes to support class participation. Students login to Moodle at https://moodle.federation.edu.au/login/index.php Generally, assessments are submitted online through Moodle. Should you need assistance, please use the available resources and support through the drop-down menus in Moodle. For assistance with submission, go to http://federation.edu.au/staff/learning-and-teaching/clipp/elearning-hub/moodle-lms/how-to/submit-an-assignment Plagiarism: Plagiarism is the presentation of the expressed thought or work of another person as though it is one's own without properly acknowledging that person. Students must not allow other students to copy their work and must take care to safeguard against this happening. In cases of copying, normally all students involved will be penalised equally; an exception will be if the student can demonstrate the work is their own and they took reasonable care to safeguard against copying. Plagiarism is a serious offence. Please refer to the following documents: · Statute 6.1: Student Discipline · Regulation 6.1: Student Discipline · Regulation 6.1.1: Plagiarism Adopted Reference Style: |X| APA|_| Australian|_| MLA|_| Chicago |X| Other - Australian Guide to Legal Citation (footnotes) The link to the library website for more information is: FedUni Library - Referencing Learning Outcomes: Knowledge K1: Recognise the regulatory and facilitative effects of law in commercial transactions. K2: Identify and explain laws related to contract law, insurance, agency, consumer law and bankruptcy. K3:Examine the rationale or policy for particular legal approaches or rules. K4: Assess measures that are employed to manage legal risk. Skills S1:Explain the policy or regulatory role of commercial law in particular settings. S2.Identify legal issues in a specific case scenario and apply law in commercial settings. S3:Analyse and apply relevant legal principles of commercial law to the operation of business. S4: Investigate and research commercial law issues, and communicate (written and/or orally) a proposed solution. Application of knowledge and skills A1.Integrate social, environmental, sustainability and ethical and economic perspectives into a business context. A2:Assess legal risk in a range of different business settings. A3: Use initiative and judgment to problem solve, research, and analyse issues that involve commercial law. Course Content: · Contract law