MLC101 Law for Commerce Trimester 1 2023

MLC101 Law for Commerce Trimester 1 2023

Assessment Task Two (AT2) Short answer questions (case studies) Individual

DUE DATE:Friday, 5th May, by 8:00pm (Melbourne time)

PERCENTAGE OF FINAL GRADE:30%

WORD COUNT:Maximum number of words (1500)

Description

Purpose

This assessment provides you with another opportunity to formalise written answers to legal problems (hypothetical fact scenarios - HFS), albeit at a more advanced level, with an expectation of legal research and consideration of laws/ethics from an international perspective (Scenario 3). This assessment is the second step in acquiring and demonstrating the skill of legal argumentation, which is set as a discipline-specific skill with which to enhance your writing abilities, as well as to provide a deeper understanding of the workings of law for commerce (ULOs 1, 2, 3 and 4/ GLOs 1, 3, 4 and 8).

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). Scenario 3 involves principles from the UN Global Compact, which are not binding, however you are expected to address how those legal/ethical principles might influence a decision maker from the perspective of the parties in that case.

Specific Requirements

Your task is to provide interpretation and analysis of the legal issues posed in the case studies (HFS), drawing on the legal principles covered in Topics 3, 4 and 5. These scenarios (except for Scenario 3) are based broadly on your course materials from these topics; however, further research (beyond the textbook) for all scenarios will most definitely enhance the quality of your submission and help you to score a high grade for this assessment. You must correctly reference (Harvard referencing) for this assessment.

Please do not reference power point slides. Cite cases in full (you may abbreviate using only the first name after the first full citation), but you need not cite the source of the case. In other words, if you research the facts from our textbook or the library database such as Westlaw AU, you only need to cite the cases, not the textbook or the website.

The overall word count for this assessment is 1500 words (including in-text citations, headings, sub-headings but not including the references in the reference list). There is NO leeway for this assessment. In other words, please ensure the maximum word count is 1500. Submissions beyond the word count may be penalised.

*** You cannot access the dropbox for this assessment until you have completed the Legal Research for Commerce Module in the Content tab in CloudDeakin***

Scenario 1Scenario 1

James Jones is a very wealthy investment banker living in Sydney. After separating from his wife of 40 years, Jones befriended a young Bolivian, Isabella Sanchez, living in La Paz, online via a dating app, in March 2021. Isabella was only 19 years old, from a relatively poor family, and had only completed primary school education before starting to work as a cleaner. Isabella only spoke very basic English. Despite this, their online relationship blossomed over the course of a year, and Jones decided that he wanted to marry Isabella. Isabella moved to Sydney in February 2022, with the wedding set for June, 2022. In May, only two weeks from the wedding day, Jones told Isabella that they needed to visit his lawyer to sign an agreement, explaining to Isabella that if she did not agree to signing the documents, that the wedding would not go ahead. Isabella agreed to sign the agreement. The following day Jones took Isabella to a different lawyer to view the agreement. The lawyer advised Isabella at that time that she should not sign the agreement, because it would provide little benefit to Isabella if she were to divorce Jones. Isabella felt that she had no choice but to sign the agreement; especially with the wedding approaching so quickly. She signed the agreement and the wedding went ahead. Three months into the marriage Isabella became aware that Jones had been cheating on her so she decides that she wants to leave him and Australia to return to Bolivia. Isabella has come to you for advice on the validity of the pre-nuptial agreement. She reveals to you that she also signed a similar document three weeks into her marriage with Jones, after he locked her in a room and threatened to beat her if she did not sign.

Advise Isabella.

based on general legal principles, Isabella may have legal recourse to challenge the validity of the prenuptial agreement that she signed before the wedding. If she can prove that she signed the agreement under duress, coercion, or undue influence, a court might consider the agreement to be null and void or unenforceable. Likewise, if she can show that the agreement was unconscionable or unfair to her, especially in light of her social and economic circumstances, the court might also reject the agreement.

One case that may be relevant to Isabella's situation is Thorne v. Kennedy (2017) 91 ALJR 799. In that case, the High Court of Australia considered whether two prenuptial agreements signed by a wealthy Australian man and his younger Romanian fiancee were valid. The court found that the agreements were not entered into voluntarily by the fiancee and that the man had exploited her vulnerability and dependence on him to secure her agreement. As a result, the court set aside the agreements and awarded the fiancee substantial financial relief.

Isabella may want to seek the advice of a family lawyer in Australia who can assess her legal options and guide her through the process of challenging the prenuptial agreement(s). The lawyer may be able to negotiate a settlement with James Jones or file a court action to seek a declaration that the agreement is invalid or seek financial compensation for Isabella's loss.

ISSUE:

RULE:

APPLICATION:

CONCLUSION:

Please use case law to support your answer. (10 marks)

Note: Research is required for this scenario. You may rely on the course materials to answer this question but it is expected that you also research beyond the course materials..

Suggested word count: 500 to 600 words

Scenario 2Piermont Hotels Pty Ltd (PH) owns the Buccaneer Hotel in Mornington, Victoria. PH decided in November 2020 that it would like to sell the Buccaneer to further their investment interests in hospitality businesses closer to Melbourne city. PH signed a contract with Triumphant Hotel Group (THG) for the sale of the Buccaneer in December 2020, which stated that the settlement of the contract would take place on 29th July 2021. Just before the settlement date, THG contacted PH to inform PH that they were not willing to follow through with the completion because the contracted sale value of the Buccaneer Hotel had been severely diminished due to the Covid-19 pandemic public health orders issued by the Victorian government. The contract of sale provided the following clause 48:

From the date of this contract until Completion, the Vendor must carry on the Business in the usual and ordinary course as regards its nature, scope and manner and repair and maintain the Assets in the same manner as repaired and maintained as at the date of this Contract and use reasonable endeavours to ensure all items on the Inventory are in good repair and in proper working order having regard to their condition at the date of this Contract, fair wear and tear excepted."

THG argued that since the recent restrictions the Buccaneer had laid off many staff and were only selling food and beverages for pickup and delivery. For this reason PH had not fulfilled their contractual obligations under Cl.48. PH responded to this by serving a notice of completion on THG. THG refused to complete the contract.

At trial the court decided in favour of PH that THG had no grounds to avoid the contract. There has been a long delay since that hearing but the case is now in the Victorian Supreme Court of Appeal.

Advise PH.

Please use case law to support your answer. (10 marks)

Note: Research is required for this scenario. You may rely on the course materials to answer this question but it is expected that you also research beyond the course materials..

Suggested word count: 500 to 600 words

Scenario 3Joan is a junior manager of Solar Storage Ltd. (SCL), a solar battery installation and service company in Melbourne. SCL sources its batteries and parts from its overseas suppliers, one in India (OneSun), and one from China (Yangyong Ltd). When visiting the outskirts of Chennai on a recent business trip to meet her suppliers, Joan became aware of a local newspaper article about protests occurring outside OneSuns rural battery factory. Local rights activists were protesting against child and forced labour in the factory. The batteries from OneSun are significantly cheaper than those produced by YangYong, but are also comparable in quality. Yangyong has a good reputation among battery manufacturers globally, and is known to pay its workers fairly and work with local communities. Joan has been under pressure by the other owners of SCL to keep costs down, so she is conflicted about the situation. She calls her direct manager about the situation, who tells Joan to simply find the reporter and pay them to stop reporting on OneSuns factory. Joan is not comfortable with this approach.

Imagine that you work for Global Compact Network Australia, and are presenting to small to medium size businesses (SMCs) in Melbourne. Drawing on your experience and understanding of the Ten Principles of the UN Global Compact, how would you advise Joan about her situation. More specifically, which Principles would you advise Joan pay specific attention to, when Joan asks you how she should approach the situation with OneSun and their factory.

Please cite specific aspects of the principles in your advice.

Note: Research is required for this scenario. The course materials WILL NOT be sufficient to complete an answer for this scenario because of the global perspectives component, which is not taught formally. This particular question focuses specifically on ULO4 which requires students to recognise that international legal standards have a bearing on commercial practises in Australia.

Suggested word count: 200 to 300 words

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 2, you are required to observe referencing standards (Harvard referencing). Cite relevant cases and legislation (if applicable) in your answer from your unit materials the textbook will be an important resource, however you are expected to go beyond the materials, where instructed. 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 Two is worth 30% of your final grade for this unit. You will be assessed against the following criteria:

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

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

Conclusion

Organisation, communication and style

Research and referencing

You will receive an individual mark for each of these criteria.. These criteria will be applied by way of a rubric.

Submission Instructions

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 (you need not use IRAC for Scenario 3).

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.

REMINDER: YOU ARE REQUIRED TO COMPLETE THE Legal Research for Commerce Module BEFORE THE DROPBOX FOR ASSESSMENT TWO WILL OPEN FOR YOU TO SUBMIT YOUR ASSIGNMENT.

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 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

ULO3: Use appropriate digital technologies to search, retrieve and apply relevant information to law for commerce. GLO3: Digital Literacy

ULO4: Identify critical legal issues in the international context that have a bearing on business ethics, standards and practice in Australia GLO8: Global Citizenship

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: <your surname_your first name_your Deakin student ID number_[unitcode].doc (or .docx). For example, Jones_Barry_123456789_ABC123.doc.

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 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 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 this link. If you would prefer some more in depth and tailored support, 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: http://www.deakin.edu.au/students/study-supportYour 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.