you have to find cases in atleast 2-3 australian law books that are no old than 2013
MLC101 Research Paper Instructions T1 2018 MLC101 Research Paper/In Class Test T1 2018 1 MLC101 Law for Commerce - Research Paper/in class test instructions This assessment is to be completed individually. It is worth 25% of the total marks for MLC101. The Research Paper is marked out of 15 marks and the in-class test out of 10 marks. That represents a total of 25 marks and 25% of your overall assessment in MLC101. The test part will be conducted during class time in week 8 and will be submitted in class. Learning Outcomes 4. Understand, explain and apply the rules of law involving the protection of consumers. 7. Demonstrate the ability to read and critically evaluate the principles of law taught in this unit. 8. Explain relevant law and use the IRAC methodology for legal problem solving; 9. Use appropriate digital technologies to search, retrieve and apply relevant information to law for commerce. RESEARCH PAPER QUESTIONS – CONSUMER LAW TOPIC - CONSUMER GUARANTEES – Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“the ACL”) (approx. 1200 words) a) Consumer guarantees under the ACL apply to contracts for the supply of goods and services to a ‘consumer’. Who is a ‘consumer’ under the ACL? b) Explain the rule that goods must be of acceptable quality. c) Explain the rule that goods must be reasonably fit for any disclosed purpose. d) Can the consumer guarantees be excluded under the ACL? e) What remedies are available under the ACL for non-compliance with the consumer guarantees? Provide the relevant sections of the ACL and give case examples (where applicable) to support your answers. MLC101 Research Paper/In Class Test T1 2018 2 INSTRUCTIONS • You are to research these areas of law/rules of law in your own time, outside of class time, and prepare a Research Paper. You are to submit your Research Paper online on Monday 30th April 2018 (see instructions below). You are then to print off your Research Paper and bring it to class for this test in week 8. • In class, in Week 8, you will be given a fact-based question/s where you will need to apply the researched areas of law to a set of facts. This test will take place in your own class in Week 8. You are to use the rules of law researched, in your Research Paper, to answer the test. You are not to use any other materials, books or notes during the test. You are not permitted to use the textbook during the test. NOTE: electronic devices are not permitted. This means no mobile phones, electronic translators, electronic notebooks or laptops. • You will be allowed 5 minutes reading time and 30 minutes to complete the test in class in Week 8. • The in-class test will develop your understanding of how to apply legal principles to legal problem questions and your writing and analysis skills. IMPORTANT NOTE - you can only sit a test in your own class. You cannot sit a test in another class. If you are not able to attend your class, you can only sit an alternative assessment if you apply for and are granted special consideration. Please see the Unit Outline regarding how to apply for special consideration. Research Paper Instructions: 1. You must use at least three current sources or business law texts in researching your answer. 2. You must use an appropriate mix of different sources/references. 3. Two of your references MUST be sourced through the Deakin Library catalogue and databases i.e. a textbook, an eBook or a journal. MLC101 Research Paper/In Class Test T1 2018 3 4. The remaining references /research sources MUST be from credible sites (for example: the ACCC website or Austlii). Do not use material from Internet and blog sites such as LawTeacher, Wikipedia or law firm websites. 5. You must not use the prescribed text as a research source. 6. The paper must be word processed in MS Word (.doc or .docx format). Files submitted in any other format, including .pdf or .zip will not be marked. 7. The first page of your document must be a title page with the Research Paper title, your name and student id and total word count (excluding footnotes). 8. The word limit is 1200 words. The word count does not include the list of references. 9. The file you submit should be named with your family name and student ID number. 10. References must be cited according to the Deakin University referencing guide found at this link https://www.deakin.edu.au/students/studying/study- support/referencing/harvard 11. Overall your paper must be a professional document that has been carefully spell checked and proofread. Submission: Your must submit your Research Paper by 8.00am on Monday 30th April 2018 (Week 8) in the submission inbox in Moodle. Do not submit a hard copy. If you submit after that time without being granted an extension, marks will be deducted for late submission in line with Deakin College Assessment Policy i.e. 10% per day or 1.5 marks. Papers submitted after 7 days will be given a mark of 0. Note that it is the student’s responsibility to ensure their paper is submitted and received into the submissions box on Moodle. This requires a suitable internet connection and that you allow sufficient time before the deadline for your submission to process into the submission inbox at this busy time. Please check that your submission has been received. The responsibility to submit the Research Paper into the submission inbox by the due time and date is the responsibility of the student unless there is evidence of a failure of the Deakin College IT system. Please note that when you submit your Research Paper into the submissions inbox you are affirming the following: MLC101 Research Paper/In Class Test T1 2018 4 “I certify that the attached work is entirely my own except where work quoted or paraphrased is acknowledged in the text. I also certify that it has not been submitted for assessment in any other unit or course”. Extension to Submission Date: The policy for an extension to the submission date is as follows: “Normally, at least 48 hours before the due date a student may submit a written request to their Unit Coordinator via the Portal for an extension of time for the submission of the assignment (Research Paper) on the grounds of serious illness, accident, disability, bereavement or other exceptional circumstances. Applications must be accompanied by valid supporting documentation”. Question A. Consumer guarantees under the ACL applies to contracts for the supply of goods and services to a ‘consumer’. Who is the consumer under the ACL? 3 (1) A person is taken to have acquired particular goods as a consumer if, and only if: (a) The amount paid or payable for the goods, as worked out under subsection (4) to (9), did not exceed: (1) $40,000; or (2) If a greater amount is prescribed for the purpose of this paragraph – that greater amount; or (b) The goods were of a kind ordinarily acquired for personal, domestic or household use or consumption; or (c) The good consists of a vehicle or trailer acquired for use principally in the transport of goods on public roads. (2) however, subsection (1) does not apply if the person acquired the goods, or held himself or herself out as acquiring the goods: (a) For the purpose of re-supply; or (b) For the purpose of using them up or transforming them, in trade or commerce: (1) In the course of a process of production or manufacture; or (2) In the course of repairing or treating other goods or fixtures on land. Question B. Explain the rule that goods must be acceptable quality. The consumer has an action against the supplier where the goods are not of acceptable quality: 54 (1) IF: (a) A person supplies, in trade of commerce, goods to a consumer; and (b) The supply does not occur by way of sale by auction; there is a guarantee that the good are of acceptable quality. 2 Goods are of acceptable quality if they are as: (a) Fit for all the purposes for which goods of that kind are commonly supplied; and (b) Acceptable in appearance and finish; and (c) Free from defects; and (d) Safe; and (e) Durable; As a reasonable consumer fully acquainted with the state and condition of the goods (including any hidden defects of the goods), RUBRIC T1 2018 MLC101 FINAL DEAKIN COLLEGE - MLC101 LAW FOR COMMERCE T1 2018 - ASSESSMENT MARKING RUBRIC YET TO ACHIEVE MINIMUM STANDARD MEETS STANDARD EXCEEDS STANDARD CRITERIA NOT ATTEMPTED NEEDS IMPROVEMENT PASS CREDIT DISTINCTION HIGH DISTINCTION RESEARCH PAPER Identification of the relevant legal rules (including cases and sections of the legislation) LO4, LO7 10 marks • Has failed to identify and explain the relevant legal rules • Has not used cases and/or legislation to support discussion. 0 to 3.9 marks • Has not adequately identified and explained the relevant legal rules. • Inadequate use of cases and/or legislation to support discussion. 4 to 4.9 marks • Has identified and explained the relevant legal rules to a satisfactory standard. • Has used some case examples and some sections of legislation to support discussion. 5 to 5.9 marks • Has identified and explained the relevant legal rules to a high standard. • A good use of case examples and use of correct sections of legislation to support discussion. 6 to 6.9 marks • Has identified and explained the relevant legal rules to a high good standard. • A very good use of case examples and use of correct sections of