Melbourne Polytechnic Law for Commerce Trimester 1 2023 MLC101

MLC101 Law for Commerce Trimester 1 2023

Assessment Task One (AT1) Mini case studies Individual

DUE DATE:Friday, 31st March, by 8:00pm (Melbourne time)

PERCENTAGE OF FINAL GRADE:20%

WORD COUNT:Maximum number of words (600 for Part B )

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 However, do not cite or reference power points, or the textbook.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 collectors 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 Ronalds 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 collectors item. He argues that the offer of the bat at the reserved price was only an invitation to treat and wants to reject Pennys 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 Shins 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.

Referencing

For Assessment 1, you are not required to provide a Reference List. Cite relevant cases and legislation (if applicable) in your answer from your unit materials the textbook should be your main resource (citing cases from outside your materials will not be awarded marks). However, you must comply with the usual legal conventions regarding the italicisation of case names and full case citations with the year and reporting reference. For example, Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256.

Marking Criteria

Assessment One is worth 20% of your final grade for this unit. Part A (5%) is a Multi-selection Quiz that must be completed online in CloudDeakin under the Assessment tab in the Quiz folder. Part B (15%) is a written response submission marked out of 15 (7.5 marks for the first problem and 7.5 marks for the second) and will be assessed against the following criteria:

Identification of the legal issues

Identification of the applicable legal rules (principles of law derived from cases and statutes)

Analysis of the facts and application of the law to the facts

Conclusion

You will receive an individual mark for each of these four criteria for each of the two case studies in Part B, which will then be added together with your results from Part A. These criteria will be applied by way of a rubric (attached to this document for your reference).

Submission Instructions

Part B of your assessment should be submitted in Microsoft Word (or rich text) format - .doc, .docx or .rtf. Please do not submit your assessment in PDF format, Apple Pages format, or in any other format. It is your responsibility to ensure that the file you submit is readable. Files that are not readable will be treated as non-submissions. Additionally, please take care to ensure that you have submitted the right version of the file (i.e., your final version, and not a draft version) and that you have submitted the assessment for this unit (and have not mistakenly submitted an assessment that was written for another unit). You are not able to take back your submission and upload a fresh (correct) version of your assessment, however this should not be a concern, as only your most recent submission will be marked, provided it is submitted before the due date and time. Any further submissions beyond the due date and time will attract a late penalty. Please observe the following format:

You do not need to provide a cover sheet.

Use IRAC (taught in Seminars) if you are new to legal writing.

Use a font at 11 or 12 point and line spacing of 1.5.

Use Calibri font.

Use margin 2.54 cm on all sides.

You must provide a word count at the beginning of your assessment. All pages of the assessment must be numbered and your student ID number included in the header or footer.

You must ensure that your writing, spelling and grammar are of a satisfactory standard.

Please do not repeat the questions in your submission so the word count can easily be checked.

Please ensure that you read all of the instructions contained in this document.

Learning Outcomes

This task allows you to demonstrate your achievement towards the Unit Learning Outcomes (ULOs) which have been aligned to the HYPERLINK "https://www.deakin.edu.au/about-deakin/vision-and-values/teaching-and-learning/deakin-graduate-learning-outcomes" Deakin Graduate Learning Outcomes (GLOs). Deakin GLOs describe the knowledge and capabilities graduates acquire and can demonstrate on completion of their course. This assessment task is an important tool in determining your achievement of the ULOs. If you do not demonstrate achievement of the ULOs you will not be successful in this unit. You are advised to familiarise yourself with these ULOs and GLOs as they will inform you on what you are expected to demonstrate for successful completion of this unit.

The learning outcomes that are aligned to this assessment task are:

Unit Learning Outcome (ULO) Graduate Learning Outcome (GLO)

ULO1: Apply key principles of law for commerce to recognise and evaluate legal issues GLO1: Discipline-specific knowledge and capabilities

ULO2: Interpret and analyse a range of legal issues and the bearing they have in commerce GLO1: Discipline-specific knowledge and capabilities

GLO4: Critical Thinking

Submission

You must submit your assignment in the Assignment Dropbox in the unit CloudDeakin site on or before the due date. When uploading your assignment, name your document using the following syntax:

Submitting a hard copy of this assignment is not required. You must keep a backup copy of every assignment you submit until the marked assignment has been returned to you. In the unlikely event that one of your assignments is misplaced you will need to submit your backup copy.

Any work you submit may be checked by electronic or other means for the purposes of detecting collusion and/or plagiarism and for authenticating work.

When you submit an assignment through your CloudDeakin unit site, you will receive an email to your Deakin email address confirming that it has been submitted. You should check that you can see your assignment in the Submissions view of the Assignment Dropbox folder after upload and check for, and keep, the email receipt for the submission.

Marking and feedback

The marking rubric indicates the assessment criteria for this task. It is available in the CloudDeakin unit site in the Assessment folder, under Assessment Resources. Criteria act as a boundary around the task and help specify what assessors are looking for in your submission. The criteria are drawn from the ULOs and align with the GLOs. You should familiarise yourself with the assessment criteria before completing and submitting this task.

Students who submit their work by the due date will receive their marks and feedback on CloudDeakin 15 working days after the submission date.

Extensions

Extensions can only be granted for exceptional and/or unavoidable circumstances outside of your control. Requests for extensions must be made by 12 noon on the submission date using the online Extension Request form under the Assessment tab on the unit CloudDeakin site. All requests for extensions should be supported by appropriate evidence (e.g., a medical certificate in the case of ill health).

Applications for extensions after 12 noon on the submission date require University level HYPERLINK "https://www.deakin.edu.au/students/studying/assessment-and-results/special-consideration" special consideration and these applications must be must be submitted via StudentConnect in your DeakinSync site.

Late submission penalties

If you submit an assessment task after the due date without an approved extension or special consideration, 5% will be deducted from the available marks for each day after the due date up to seven days*. Work submitted more than seven days after the due date will not be marked and will receive 0% for the task. The Unit Chair may refuse to accept a late submission where it is unreasonable or impracticable to assess the task after the due date. *'Day' means calendar day for electronic submissions and working day for paper submissions.

An example of how the calculation of the late penalty based on an assignment being due on a Thursday at 8:00pm is as follows:

1 day late: submitted after Thursday 11:59pm and before Friday 11:59pm 5% penalty.

2 days late: submitted after Friday 11:59pm and before Saturday 11:59pm 10% penalty.

3 days late: submitted after Saturday 11:59pm and before Sunday 11:59pm 15% penalty.

4 days late: submitted after Sunday 11:59pm and before Monday 11:59pm 20% penalty.

5 days late: submitted after Monday 11:59pm and before Tuesday 11:59pm 25% penalty.

6 days late: submitted after Tuesday 11:59pm and before Wednesday 11:59pm 30% penalty.

7 days late: submitted after Wednesday 11:59pm and before Thursday 11:59pm 35% penalty.

The Dropbox closes the Thursday after 11:59pm AEST/AEDT time.

Support

The Division of Student Life provides a range of HYPERLINK "https://www.deakin.edu.au/students/studying/study-support" t "_blank" Study Support resources and services, available throughout the academic year, including Writing Mentor and Maths Mentor online drop ins and the SmartThinking 24 hour writing feedback service at HYPERLINK "https://blogs.deakin.edu.au/deakinlife/2021/04/06/thats-smarthinking-students-tell-us-how-deakins-online-tutoring-service-has-helped-them-2/" this link. If you would prefer some more in depth and tailored support, HYPERLINK "https://www.deakin.edu.au/students/studying/study-support/appointments?_ga=2.192619050.1205886104.1619997614-362304051.1619997614" t "_blank" make an appointment online with a Language and Learning Adviser.

Referencing and Academic Integrity

Deakin takes academic integrity very seriously. It is important that you (and if a group task, your group) complete your own work in every assessment task Any material used in this assignment that is not your original work must be acknowledged as such and appropriately referenced. You can find information about referencing (and avoiding breaching academic integrity) and other study support resources at the following website: HYPERLINK "http://www.deakin.edu.au/students/study-support" http://www.deakin.edu.au/students/study-support

Your rights and responsibilities as a student

As a student you have both rights and responsibilities. Please refer to the document Your rights and responsibilities as a student in the Unit Guide & Information section in the Content area in the CloudDeakin unit site.

Criteria YET TO ACHIEVE MINIMUM STANDARD MEETS STANDARD EXCEEDS STANDARD

Not attempted Needs Improvement Satisfactory Good Very good Excellent

Identification of the legal issues and rules. Defines the correct principles of law and cites legal rules (cases and/or statutory provisions) relevant to the problem.

ULO 1&2; GLO 1&4

40% Very few or no legal issues identified. The issues identified are either incomplete, or unclearly and/or inaccurately expressed.

Legal rules/principles of law are not identified, or if identified are incomplete or inaccurate.

No case law or statute to support the legal rule.

A few legal issues identified. The issues identified are either incomplete, or unclearly and/or inaccurately expressed.

Very

few legal rules/principles of law identified. The legal rules identified are irrelevant, incomplete or inaccurate.

Very few case law and/or statutory provisions cited to support the legal rules or those selected are irrelevant. An adequate number of legal issues identified. The issues identified are explained reasonably clearly, but are incomplete and/or inaccurately expressed.

Some relevant legal rules/principles of law identified. The legal rules identified are reasonably clear and accurate.

Some relevant cases and/or statutory provisions cited to support the legal rules. Some cases and/or statutory provisions are of questionable relevance.

Most legal issues identified. The issues identified are expressed reasonably clearly and completely, with some minor inaccuracies.

The main relevant legal rules/principles of law are identified and defined with clarity, but with minor inaccuracy.

Most of the cases and/or statutory provisions cited to support the legal rules. Few cases and/or statutory provisions are of questionable relevance.

Almost all legal issues identified. The issues identified are expressed clearly and completely, with very minor inaccuracies.

Almost all the relevant legal rules/principles of law are identified and defined clearly and accurately.

Almost all cases and/or statutory provisions cited to support the legal rules. The cases and/or statutory provisions are all relevant. All legal issues identified. The issues identified are expressed fully, clearly, and are precisely and accurately defined.

All the relevant legal rules/principles of law identified and thoroughly defined with concise, and precise accuracy.

All cases and/or statutory provisions cited to support the legal rules. All cases and/or statutory provisions are relevant and exactly on point.

Application/analysis of legal rules to the factual problems (HFS).

ULO 1&2; GLO 1&4

40%

Analysis/application of the elements of the case law and/or statutory provisions is either absent or unintelligible.

Analysis/application of the elements of the case law and/or statutory provisions is unclear, incomplete and/or inaccurate. Analysis/application of the elements of the case law and/or statutory provisions demonstrates basic understanding, but lacks clarity, completeness, and/or accuracy. Analysis/application of the elements of the case law and/or statutory provisions is clear and accurate but lacks completeness. Analysis/application of the elements of the case law and/or statutory provisions is clear, accurate and complete, with very minor flaws.

Analysis/application of the elements of the case law and/or statutory provisions is thorough and concisely expressed, without flaw.

MLC101 LAW FOR COMMERCE 2023 ASSESSMENT 1 (Part B) MARKING RUBRIC

Criteria YET TO ACHIEVE MINIMUM STANDARD MEETS STANDARD EXCEEDS STANDARD

Not attempted Needs Improvement Satisfactory Good Very good Excellent

Conclusion

ULO 1&2; GLO 1&4

10%

No conclusion or conclusions are unintelligible or without justification.

Conclusions lack justification and/or are expressed unclearly. The conclusions conflict with the analysis. Conclusions are justified, but incomplete and inaccurate. Conclusions at times conflict with the analysis. Conclusions are justified, with adequate clarity, but are incomplete with minor inaccuracies. Conclusions are justified, clear and complete, with very minor inaccuracies. Conclusions are clear and concise, thoroughly justified and applied without error.

Organisation, communication and style.

10% Very poorly organised

Writing, grammar and spelling incomprehensible.

Poorly organised

Writing, grammar and spelling are at an unsatisfactory level.

Satisfactorily organised

Writing does not flow well.

Grammar and spelling are at a satisfactory level.

Several errors are present.

Good organisation

Writing mostly flowed well.

Grammar and spelling are of a good standard.

Few errors are evident.

Very good organisation

Writing flowed clearly and coherently.

Grammar and spelling are of a high standard with very few errors present. Excellent organisation

Exceptional flow, with excellent clarity and coherence.

Grammar and spelling are exemplary and error-free.

Overall mark 100% 0-19 20-49 50-59 60-69 70-79 80-100

Grade (N) Pass (P) Credit (C) Distinction (D) High Distinction (HD)