Unit Code: LAW105 Unit Name: Introduction to Business Law Assignment 2 Problem-based question (case study) Semester 2 2019 Assessment 30% Word count: 1,800 words (10% margin under or over) This...

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The required textbook is James N, '
Business Law
', (2017, 4th Edition), Wiley and Sons.



Unit Code: LAW105 Unit Name: Introduction to Business Law Assignment 2 Problem-based question (case study) Semester 2 2019 Assessment 30% Word count: 1,800 words (10% margin under or over) This assignment may be submitted on or before 11.59pm (ACST), Friday Study Week 9 27 September 2019 · Submit your Assignment using Word or PDF file format. · The assignment must be lodged online via Learnline Assignment Lodgement link. · Assignment lodgements will be acknowledged automatically on the Learnline site, on submission. · Coversheets are no longer required. · Citations and references: Please use textbook cases and cite the cases in AGLC, APA or Harvard format. No additional research is required for this assignment. For example, when giving reference to a general principle stated in the textbook: In accordance with the general principles of contract law, for the contract to exist, there must be an offer and acceptance. Example when referring to the case: As decided in Taylor v Johnson (1983) 151 CLR 422, a contract is not void in cases of a unilateral mistake. · Further questions: Please post your questions on the discussion board. College of Business and LawSemester 2, 2019 Page 3 of 5 UNIVERSITY PLAGIARISM POLICY Plagiarism is the unacknowledged use of material written or produced by others or a rework of your own material. All sources of information and ideas used in assignments must be referenced. This applies whether the information is from a book, journal article, the internet, or a previous essay you wrote or the assignment of a friend. Plagiarism policy is available at:http://www.cdu.edu.au/governance/doclibrary/pol-001.pdf and Student Breach of Academic Integrity Procedures http://www.cdu.edu.au/governance/doclibrary/pro-092.pdf. EXTENSIONS AND LATE LODGEMENTS Extensions An Application for Assignment Extension or Special Consideration should be completed and provided to the Dean, College of Business and Law. This application form, explanation and instructions is available on the Learnline course site or direct from http://learnline.cdu.edu.au/units/lb_school_templates/deployed/assignment_extension.docx Please note that it is now College policy that all extension requests must be approved by the Dean. The lecturer is not able to personally approve extension requests. Leaving a request for an extension, special assessment or special consideration until the last moment, based on grounds that students could have reasonably been able to foresee, may result in the application being rejected. Late lodgement Late lodgements are subject to a penalty of 5% of assignment marks per day. Partially completed assignments will be accepted with appropriate loss of marks for the incomplete portion. REQUIRED - write a solution to the case study: The Lame Duck Restaurant owned by Johnny appoints a sales and marketing representative (Summer) to design and launch a new website. Summer is very bright and her design looks amazing. As the website is exceptional, Johnny decides to revamp the pricing system and put 15% mark-up on all food. Summer develops a beautiful design of the new pricing system and posts it online. Two weeks later, after the prices are changed, Li books the wedding using the menu he found on one of the tables. Summer mistakenly accepts the booking, asking Abu from accounts to accept the deposit and finalise the invoice. Li calls, accepts the quoted price, pays the deposit and books the date for the wedding. The same day, Li sends out invitations to all her friends studying at CDU. The day before the banquet, the error in the quotation is discovered. Johnny gets involved, calls the customer and says that the Lame Duck Restaurant cannot host the wedding (because the quotation was made in error). However, Li insists that ‘we have a contract’ and says that under the law the Lame Duck Restaurant must deliver. (a) Advise Johnny, whether the contract exists. (10 marks) (b) Was there a mistake? If yes, what kind of mistake? (10 marks) (c) Explain what will happen if the Lame Duck Restaurant is obliged to provide the premises for the wedding, but refuses to do so. (10 marks) Assessment Rubric LAW105 – Introduction to Business Law Assessment 2: Case study (Problem-solving task) The aim of this assignment is for the student to identify the legal issues arising from the scenario given. Whereas Assignment No. 1 had a strong focus on your ability to conduct legal research, the focus of this assignment is to conduct some basic legal research but, more importantly, to articulate the issues, apply the law and express a conclusion as to the possible outcomes in clear, plain English. Therefore, higher weighting will be given to analysis and application components. Criteria (total mark is out of 20) High Distinction 85 - 100% Distinction 75 – 84% Credit 65 – 74% Pass 50 – 65% Fail<50% identification of legal issues and relevant law, including accessing and summarising resources and legal sources (11) identification of all relevant issues and law. demonstrates skilful use of high quality, credible, relevant sources. an excellent summary of relevant information. identification of most issues and relevant law. demonstrates selection of credible, relevant sources from relevant sources. accurate summary of relevant information identification of key issues and questions of law. demonstrates an attempt to use credible and/or relevant sources. summary of information could be improved. identification of few or basic issues and relevant law. attempt to use credible and/or relevant sources. some capacity to summarise information. failure to identify basic or fundamental issues and relevant law. very limited range of sources utilised. unable to demonstrate ability to summarise information. analysis and application (11) excellent ability to appraise evidence, evaluate arguments and to formulate and express very sound conclusions. extensive analysis of options available and their relevance to the case in point. an excellent application of interpretation rules and steps of procedural analysis and clearly articulated arguments which provided a strong framework. good demonstration of the capacity to critically analyse information, formulate own conclusions and express own ideas. a good analysis of options available and their relevance to the case in point. very good application of the appropriate interpretation rules and steps of procedural analysis. reasonable analysis of information. demonstrated ability to draw warranted conclusions and generalisations and demonstrates some original thought. a reasonable attempt to analyse options available and their relevance to the case in point but analysis requires more depth. appropriate interpretation rules and steps of procedural analysis identified and a reasonable attempt to apply to case study. limited ability to interpret data, appraise evidence or evaluate arguments. conclusions need improvement and need to express own ideas. some attempt at analysis of options available and their relevance to the case in point. explores a few dimensions but lacks depth. some reference to interpretation rules and procedural analysis steps required but not adequately applied to the task. little or no critical analysis or interpretation of information, poor conclusions and no original thought. limited analysis of options available and their relevance to the case in point. mainly descriptive report. limited or no reference to interpretation rules and procedural analysis steps required. synthesis (8)  structure  logic  presentation well-constructed assignment: appropriate, clear, and smooth transitions; arrangement of organisational elements is particularly apt; uses sophisticated legal wording in sentences effectively; usually chooses words aptly; observes professional conventions of written english and report format; free of spelling, grammatical, punctuation and typing errors. well written and presented assignment: distinct units of thought in paragraphs; clear transitions between developed, coherent, and logically arranged paragraphs; a few mechanical difficulties or stylistic problems; may make occasional problematic word choices or syntax errors; a few spelling or punctuation errors or a cliché; uses appropriate formal report format reasonably written and presented; some awkward transitions; some brief, weakly unified or undeveloped paragraphs; arrangement may not appear entirely natural; contains extraneous information, more frequent wordiness; unclear or awkward sentences; imprecise use of words or over- reliance on passive voice; some distracting grammatical errors; some spelling, punctuation and typing errors. not consistently or logically structured: narrates/ digresses from one topic to another; awkward use of words, numerous errors in style & presentation including spelling punctuation and grammar. not comfortable with a formal style of written communication. simplistic, tends to narrate or merely summarise. illogical arrangement of ideas & some major grammatical or proofreading errors. language frequently weakened by clichés, colloquialisms, and repeated inexact word choices. unaware of how to present formal written communication. identification="" of="" legal="" issues="" and="" relevant="" law,="" including="" accessing="" and="" summarising="" resources="" and="" legal="" sources="" (11)="" identification="" of="" all="" relevant="" issues="" and="" law.="" demonstrates="" skilful="" use="" of="" high="" quality,="" credible,="" relevant="" sources.="" an="" excellent="" summary="" of="" relevant="" information.="" identification="" of="" most="" issues="" and="" relevant="" law.="" demonstrates="" selection="" of="" credible,="" relevant="" sources="" from="" relevant="" sources.="" accurate="" summary="" of="" relevant="" information="" identification="" of="" key="" issues="" and="" questions="" of="" law.="" demonstrates="" an="" attempt="" to="" use="" credible="" and/or="" relevant="" sources.="" summary="" of="" information="" could="" be="" improved.="" identification="" of="" few="" or="" basic="" issues="" and="" relevant="" law.="" attempt="" to="" use="" credible="" and/or="" relevant="" sources.="" some="" capacity="" to="" summarise="" information.="" failure="" to="" identify="" basic="" or="" fundamental="" issues="" and="" relevant="" law.="" very="" limited="" range="" of="" sources="" utilised.="" unable="" to="" demonstrate="" ability="" to="" summarise="" information.="" analysis="" and="" application="" (11)="" excellent="" ability="" to="" appraise="" evidence,="" evaluate="" arguments="" and="" to="" formulate="" and="" express="" very="" sound="" conclusions.="" extensive="" analysis="" of="" options="" available="" and="" their="" relevance="" to="" the="" case="" in="" point.="" an="" excellent="" application="" of="" interpretation="" rules="" and="" steps="" of="" procedural="" analysis="" and="" clearly="" articulated="" arguments="" which="" provided="" a="" strong="" framework.="" good="" demonstration="" of="" the="" capacity="" to="" critically="" analyse="" information,="" formulate="" own="" conclusions="" and="" express="" own="" ideas.="" a="" good="" analysis="" of="" options="" available="" and="" their="" relevance="" to="" the="" case="" in="" point.="" very="" good="" application="" of="" the="" appropriate="" interpretation="" rules="" and="" steps="" of="" procedural="" analysis.="" reasonable="" analysis="" of="" information.="" demonstrated="" ability="" to="" draw="" warranted="" conclusions="" and="" generalisations="" and="" demonstrates="" some="" original="" thought.="" a="" reasonable="" attempt="" to="" analyse="" options="" available="" and="" their="" relevance="" to="" the="" case="" in="" point="" but="" analysis="" requires="" more="" depth.="" appropriate="" interpretation="" rules="" and="" steps="" of="" procedural="" analysis="" identified="" and="" a="" reasonable="" attempt="" to="" apply="" to="" case="" study.="" limited="" ability="" to="" interpret="" data,="" appraise="" evidence="" or="" evaluate="" arguments.="" conclusions="" need="" improvement="" and="" need="" to="" express="" own="" ideas.="" some="" attempt="" at="" analysis="" of="" options="" available="" and="" their="" relevance="" to="" the="" case="" in="" point.="" explores="" a="" few="" dimensions="" but="" lacks="" depth.="" some="" reference="" to="" interpretation="" rules="" and="" procedural="" analysis="" steps="" required="" but="" not="" adequately="" applied="" to="" the="" task.="" little="" or="" no="" critical="" analysis="" or="" interpretation="" of="" information,="" poor="" conclusions="" and="" no="" original="" thought.="" limited="" analysis="" of="" options="" available="" and="" their="" relevance="" to="" the="" case="" in="" point.="" mainly="" descriptive="" report.="" limited="" or="" no="" reference="" to="" interpretation="" rules="" and="" procedural="" analysis="" steps="" required.="" synthesis="" (8)="" ="" structure="" ="" logic="" ="" presentation="" well-constructed="" assignment:="" appropriate,="" clear,="" and="" smooth="" transitions;="" arrangement="" of="" organisational="" elements="" is="" particularly="" apt;="" uses="" sophisticated="" legal="" wording="" in="" sentences="" effectively;="" usually="" chooses="" words="" aptly;="" observes="" professional="" conventions="" of="" written="" english="" and="" report="" format;="" free="" of="" spelling,="" grammatical,="" punctuation="" and="" typing="" errors.="" well="" written="" and="" presented="" assignment:="" distinct="" units="" of="" thought="" in="" paragraphs;="" clear="" transitions="" between="" developed,="" coherent,="" and="" logically="" arranged="" paragraphs;="" a="" few="" mechanical="" difficulties="" or="" stylistic="" problems;="" may="" make="" occasional="" problematic="" word="" choices="" or="" syntax="" errors;="" a="" few="" spelling="" or="" punctuation="" errors="" or="" a="" cliché;="" uses="" appropriate="" formal="" report="" format="" reasonably="" written="" and="" presented;="" some="" awkward="" transitions;="" some="" brief,="" weakly="" unified="" or="" undeveloped="" paragraphs;="" arrangement="" may="" not="" appear="" entirely="" natural;="" contains="" extraneous="" information,="" more="" frequent="" wordiness;="" unclear="" or="" awkward="" sentences;="" imprecise="" use="" of="" words="" or="" over-="" reliance="" on="" passive="" voice;="" some="" distracting="" grammatical="" errors;="" some="" spelling,="" punctuation="" and="" typing="" errors.="" not="" consistently="" or="" logically="" structured:="" narrates/="" digresses="" from="" one="" topic="" to="" another;="" awkward="" use="" of="" words,="" numerous="" errors="" in="" style="" &="" presentation="" including="" spelling="" punctuation="" and="" grammar.="" not="" comfortable="" with="" a="" formal="" style="" of="" written="" communication.="" simplistic,="" tends="" to="" narrate="" or="" merely="" summarise.="" illogical="" arrangement="" of="" ideas="" &="" some="" major="" grammatical="" or="" proofreading="" errors.="" language="" frequently="" weakened="" by="" clichés,="" colloquialisms,="" and="" repeated="" inexact="" word="" choices.="" unaware="" of="" how="" to="" present="" formal="" written="">
Answered Same DaySep 22, 2021LAW105Charles Darwin University

Answer To: Unit Code: LAW105 Unit Name: Introduction to Business Law Assignment 2 Problem-based question (case...

Amit answered on Sep 23 2021
146 Votes
INTRODUCTION TO BUSINESS LAW
Table of Contents
Introduction    3
(a) Advising to Johnny, on the Existence of the Contract    3
(b) Judging if it were a Mistake and its Type    4
(c) Consequence of Lame Duck Restaurant refusing to provide Premises for Wedding    6
Conclusion    7
References    8
Introduction
This assignment includes the solution to some questions related to the case study. In includes
questions such as contract exists or not, a mistake is made or not and what will happen if a restaurant refuses to provide its promised service. The solution to these questions will be provided with appropriate analysis.
(a) Advising to Johnny, on the Existence of the Contract
The contract exists because the restaurant had taken the amount and booked the date of the wedding also. Any service organisation cannot deny the promises it made at the time of booking. May be Summer had made the booking by mistake or lack of knowledge of the company, but she had taken the amount for the restaurant and did billing also. Johnny cannot deny the fact that a contract was made because no one provided the information of the restaurant's non-availability for a wedding until the final booking by Li. She had mentioned marriage in the purpose of a restaurant's appointment so how can the owner of a restaurant can deny and say that they cannot host wedding in their restaurant. Li had reserved the restaurant and thus, contract exists (Sierag et al. 2017).
There are some rules that every restaurant should follow before making booking:
Providing all the necessary information about the restaurant and menus:
The restaurant team should provide all information on restaurant service verbally even it is mentioned in the brochure or available online. This step confirms the real scenario of the restaurant to the customer because some changes always happen in an organisation. Thus, it is better to tell each service-related information to a customer and also it is necessary to give them a visit to the premises by sending pictures. As suggested by James (2017), such kind of step will make the customer assured that he would get what he is saying. Never provide false information to attract the customer because it costs much to a restaurant in the end. Information regarding the cancellation of booking and refund should be given because it is an important part, lack of which creates much trouble for both customer and restaurant organisation. Customers are like god for a restaurant, so be loyal in providing any information.
Taking all the information from the customer to know what they want to book:
It is necessary to understand what a customer is expecting from a restaurant so the team should take all information regarding the booking of a customer. Listen and note all requirements along with the receipt you will provide to him so that all things will remain clear until the end of execution of the upcoming event. The restaurant team can give alternative options also if any particular service is not available at the current time. However, never make a false commitment to getting a customer. It can take down the reputation of a restaurant (Haddock-Millar, Sanyal and Muller-Camen, 2016).
Providing billing receipt in both online and offline mode for convenience:
The billing receipt should be provided in both online and offline mode. It is because if a customer has both revenues, then can conveniently produce it at the time of checking. A customer wants convenience and does not like complicacy. There are many restaurants in today's time and to make the customer interested in your service needs some facilities that can attract them. If you provide more convenience by giving each information as mail and text message, then will feel that everything is confirmed. There should be more facilities in the booking procedure so that more customers will come to the restaurant.
Setting the date of the booking as a remark and call two days...
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