Discipline-specific skill of legal reasoning for MLC101 Law for Commerce

Description

Purpose

The objective of this task is to introduce you to the discipline-specific skill of legal reasoning for MLC101 Law for Commerce (ULOs 1 and 2/ GLOs 1 and 4).  Part A of the assessment (Multi-selection (MCS) Test) will introduce the IRAC (Issue; Rule; Application; Conclusion) Formula, and provide a foundation from which you will then be expected to formulate your own written answers to legal problems (hypothetical fact situations – HFS or mini case studies) posed in Part B.  You will be presented with similar legal problem questions (HFS) throughout the course of the unit and ultimately in the exam. This assessment is the first step in acquiring the skill of legal argumentation, which is set as a discipline-specific skill with which to enhance your writing abilities, as well as provide a deeper understanding of the operation of law for commerce.  

Tackling hypothetical real life legal problems will enable you to understand how laws are applied and from where certain rules of law are derived, and this will allow you manage risk as a business manager/ executive and also understand that risk from the perspective of a client or consumer. 

Context/Scenario

For this task (like all your HFS questions), assume you are a lawyer, giving advice to a potential client, about their legal rights and obligations in relation to their situation (you should tell the client about all the possibilities, and then advise what is more likely to occur if the case goes to court).  In the future, you could be faced with a similar situation. 

Specific Requirements 

Your task is to provide solutions to the legal issues posed in the MCS Test and the problem based questions (IRAC), drawing on the legal principles covered in Topics 1 and 2. This assessment is based on your course materials for Topics 1 and 2. It is NOT a research task. The materials which you should refer to when preparing your answer include the textbook, power points, and cases referred to in the materials.  However, do not cite or reference power points, or the textbook. 

Cite relevant cases and legislation only.

There are TWO Parts to this assessment.  The first Part A (5%) is an online Multi-Selection Quiz, which will be available on the MLC101 CloudDeakin site in the Assessments folder (Quizzes) until the due date and time.  You are STRONGLY ADVISED to go through this Quiz carefully before you begin writing your answers to Part B (15%) – which you must submit separately into the CloudDeakin Assessment One Dropbox, which is also in the Assessments folder. 

The maximum word count for Part B mini case studies is 600 words in total (there is no leeway). You will be penalised if you go beyond the word limit.  

Part A – Multi-selection Quiz posted in CloudDeakin in the Assessments Tab in the Quizzes Folder.  

• Read the information in the Quiz carefully.

• Do not submit all your answers until you are certain of the selections you wish to make.

• It is not the usual MCQ with only one correct answer;  there may be more than one correct answer (there may be two, or three or even more correct answers).

• You will lose a percentage of each mark if you select an incorrect response, or fail to select a correct response.   In other words, choose carefully.

• YOU MUST SUBMIT THE QUIZ BY THE DUE DATE AND TIME

• AS ALREADY MENTIONED YOU ARE STRONGLY ADVISED TO DO THE QUIZ BEFORE YOU BEGIN PART B.

Part B – Written Response Submissions

Mini case study 1

Ronald wanted to sell a collector’s item 1988 Bicentenary Test full size 'Gray-Nicolls' cricket bat signed by the Australian & England teams that his uncle gave him as a birthday gift when he was 15.  Ronald was unsure about the worth of the bat but thought that perhaps the best way to get a good price would be to auction the bat at an event for cricket enthusiasts.  Ronald does some research online and decides to sign up with an online auction agent for cricket memorabilia (Cricketcart Online Auctioneers (COA)), to auction his cricket bat at an online charity event (Ronald felt his late uncle would have appreciated the gesture).  All the items on the online charity auction are listed for bidders and Ronald’s 1988 Bicentenary Test cricket bat is listed at a disclosed reserve of $1500.  Online, Penny, a keen cricket collector, bids A$1500 for the bat.  Nobody else bids for the bat.  Ronald receives an email from COA that Penny has won the bid for the bat at the reserved price (in accordance with the agreed terms).  Ronald is furious, as he feels that this is far beneath the genuine worth of this wonderful collector’s item.  He argues that the offer of the bat at the reserved price was only an invitation to treat and wants to reject Penny’s offer.

Advise Ronald.

Please use relevant case law to support your answer.

Word count: 300 words 

(7.5 marks)

Mini case study 2

Reverend Nicola Shin was employed by the Burwood Anglican Church (BAC) as a priest for almost thirty years.  Upon completion of her service she claimed annual and long service leave payments.  The BAC claimed that her relationship with the Church was not ‘contractual’, because as a religious mentor and leader, the usual laws of employment contracts did not apply, as it was merely a social agreement.  For this reason, the BAC has refused to pay Priest Shin.  Priest Shin’s case was tried in the County Court of Victoria which decided in her favour, however BAC have decided to appeal to the Supreme Court of Victoria.  Priest Shin wants to know whether she can appeal to a higher court, in the event she loses the appeal in the Supreme Court of Victoria.  Will she have an automatic right to appeal to a higher court? 

Advise Priest Shin.

Please use relevant case law to support your answer.

Word count: Maximum 300 words

(7.5 marks)

Please note that the facts provided in the hypothetical fact situations are purely fictional and any similarity to real life events are purely coincidental.  You are not expected to consider any other related laws or legislation, only legal principles from the set Topics.