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LEGL5001 LEGAL STUDIES - ASSIGNMENT 1 - CASE STUDY ESSAY - INSTRUCTIONS ASSIGNMENT 1 – CASE STUDY ESSAY The Essay Question On 12th May 1983, the High Court of Australia delivered an historic judgement in the case of Commercial Bank of Australia Ltd v Amadio and another (1983) 46 ALR 402 It has been said that this decision “changed the very fabric of how contracts are negotiated in Australia”. Discuss this statement by way of providing a study of the case, examining the salient features of the case and the decision’s effect on the prevailing business law of Australia. Summary Information Opens: Now Closes: 11.00pm (NSW Time) Sunday 22nd August 2021 Weighting: 25% Word limit: 2800 words Submission method: Electronic copy only - via Turnitin link. Submissions are to be uploaded through the "Turnitin" portal no later than the advertised time and date. Guidelines You have limited words (2800 maximum) to do this assignment. The word limit of 2800 words will be strictly enforced, with 1 mark deducted for every 100 words above the limit. Marking criteria is included in this outline. You must be succinct. The footnotes, bibliography and short headings are not included in the word count. DO NOT use footnotes to add extra information - footnotes in this unit are for referencing only. Late assignments will be penalised as follows: • Up to 3 days late 5% of the maximum possible mark awarded for the assignment • From 4–7 days late 10% of the maximum possible mark awarded for the assignment • From 8–14 days late 25% of the maximum possible mark awarded for the assignment • More than 14 days late Not marked Refer to the Rules concerning all assignments for the circumstances when these penalties may be waived. Remember that the extension to the submission deadline is exception rather than the rule and it can be granted only in exceptional circumstances. The marker will examine whether you have: 1. identified and clearly stated the salient factors of the case 2. applied relevant legal principles to the resolution of these issues; 3. integrated and evaluated relevant knowledge from both the material covered in this unit and your own independent research; 4. developed and sustained a concise and convincing legal argument through to a logical conclusion; 5. correctly referenced and acknowledged sources; 6. fluent, clear, concise writing, not containing poor expression, grammar or spelling; and 7. answered the specific question asked. Students should note the following: Many people are not familiar with the requirements of assignments. Basically, they are like any other piece of good writing. They must have a beginning, a middle and an end. They must be organised so that each point leads to another in a logical sequence. Headings and subheadings are usually of assistance to the reader, who should be easily able to ascertain the logic of your arguments. Statements of fact must be supported by referencing in the proper form. Also, arguments and ideas you are adopting or disagree with must be properly referenced. This is one of the most important aspects of your assignment, and severe penalties will be imposed if you do not reference. Be aware of the University’s rules on plagiarism. You should avoid overreliance on only a small number of sources. You are expected to have read widely on the topics. You are not marked for your political or social views or opinions, but rather for your ability to present coherent, rational and logical arguments, properly supported by authority. You are also marked for your ability to express yourself clearly, logically and succinctly. Poor expression, grammar and spelling will detract from your overall mark. Many students do not also realise that the more drafts that are written, the better standard the final product will normally be. You should aim to find the time to complete at least two, if not three, drafts prior to handing the submission in. This will be especially important in ensuring that the word limit is not exceeded. Essay Content This assignment is designed to start you looking critically at case law and how it is formulated. Our “common law” system is based on the application of the “ratio decidendi”, that is, the “reasons for the decision”. Regardless of the outcome of any particular case, the reasons that decision was made, not the actual outcome, becomes the common law by which other cases can be judged by analogy. There is a possible “mud map” of how you may attack this assignment, which is as follows: 1. Introduction: provide an “executive summary” of the matter and what it achieved. 2. Particulars: set out the details of the case such as the parties, the date, the judges involved, and any other perfunctory issues. 3. Facts in dispute: what was being argued by whom, that is, what each side was trying to say or prove. 4. Detailed arguments: set out, in detail, the arguments delivered by each of the parties. Be careful not to include judge’s remarks. 5. Judge’s Remarks: This is where one goes into detail as to what the judge said as to each side’s position 6. The Decision: What was the outcome and what were the main reasons for it? Isolate the Ratio Decidendi. 7. The Significance: What has been the significance of this case and how has it effected the law at large? 8. Discussion and analysis: This is your chance to make your own commentary on this case and how it plays out now. You may consider . . . a. If you agree with the court’s stance on this case and why/why not? b. Based on the concepts of this course, is there anything you would change about the case, if anything? c. Have there been any cases since that have relied upon this case a precedent? d. Have there been any cases since that have challenged, changed or refined the precedent in this case? 9. Conclusion: Sum up the case and make conclusions as to your submissions. Of course, you may very well follow your own mud map, as the one provided is simply a suggestion. Marking criteria Important information: The assignment will be marked according to the following criteria: Knowledge of the case (40%) You are expected to demonstrate a comprehensive understanding of the case. You should be able to identify and clearly state the relevant issues and legal principles and support this case, and your analysis of it. Analysis (50%) You are expected to analyse the information gathered and evaluate the relevant legal principles. You are expected to develop your argument logically through clear analysis and apply relevant legal principles to the resolution of issue(s). Your analysis should also: • integrate and evaluate relevant knowledge from the material covered in this unit; • develop and sustain a concise and convincing legal argument through to a logical conclusion; and • importantly, answer the specific question asked. Technical aspects (10%) You are expected to: • correctly reference and acknowledge sources; • use fluent, clear, concise writing that contains clear expression, correct grammar, syntax, sentence structure and spelling; and • use headings and subheadings (where appropriate), an introduction, conclusion and bibliography or reference section. Submission of assignments All students are required to upload an electronic copy of their assignments via Turnitin. DO NOT send a hard copy of your assignment. Assignments must be uploaded on or before the due date. Your assignments must be submitted as either Word documents (.doc or .docx) or as text documents (.rtf). Please do not submit PDF files. Please discuss any other file format with your lecturer well before the due date. For instructions on how to submit an assignment electronically please click on the Assignments tab in the MySCU learning site for this particular unit. An electronic cover sheet is required and will be available in the Assignments tab together with the instructions. How to approach the essay There is a suggested approach using the “Mud Map” provided herein. However, this is simply a suggestion. Students are free to choose whether or not they use this approach. No marks will be deducted if this approach is not used, it is a guideline only. Please feel free to set your essay out in any manner you wish, as long as it is clear, and the relevant points have been addressed. MARKING RUBRIC – LEGL5001 LEGAL STUDIES Criteria High Distinction< 21.25="" distinction="" 18.75="" -="" 21="" credit="" 16.25="" –="" 18.5="" pass="" 12.5="" -="" 16="" fail="" 12=""> Knowledge of the case Evidence of research and preparation, show understanding of legal issues. 40 % of total marks. Evidence of outstanding research and preparation, including numerous relevant sources put to very high relevant use Evidence of excellent research and preparation, including numerous relevant sources put to high relevant use Evidence of competent research and preparation, including good number of relevant sources put to relevant use Evidence of research and preparation, including some relevant sources put to some relevant use No clear evidence of research and preparation, including lack of or unclear relevant sources put to relevant use Analysis 1 Identify and comment on the issues raised. Answer the question. 30% of total marks Outstanding identification and commentary of the issues raised, and outstanding response to issues raised Excellent identification and commentary of the issues raised,