The case study which students are required to resolve using the four step process is set out below. Students are required to apply the relevant legal concepts and principles to analyse and solve the legal issues arising in the case study by explaining and applying their knowledge of the legal principles and rules arising in Australian legal system: topic four to five inclusive.
Please note also that the information contained in the course materials (the Source Book, computer based tutorials and seminar materials) are sufficient when completing your assignment. It is not necessary to research beyond these materials for the purpose of completing assignments.
• The fact scenario used in this assignment is fictitious.
• Students are to focus on answering the questions in Part A with reference to the relevant issues raised by the question as they arise from topics 4 and 5. Students do not need to (and should not) undertake any additional research. The level of detail and information contained in the course materials is sufficient to answer the assignment.
• Note the four step process requires students to refer to case law or legislation as authority for the rules of law explained in step two. Where appropriate you will need to refer to any applicable legislation or case authorities contained in the materials for topics 4 and 5.
The case study is made up of two (2) questions (1) and (2). Each is worth ten (10) marks. A further five (5) marks are allocated to how well the student has followed the four step process.
In relation to the marks allocated for the overall use of the four step process and structure of the answer, regard will be had to not just whether the answer is “set out” in the four steps. Consideration will be given to the clarity of the explanation of the law with regard to applicable authority where relevant. Students will be rewarded here for a detailed application of the facts to the law explained. For example, a very good use of the four step process would be the application of the facts specifically to every principle of law explained.
Consideration will also be given to the logical presentation, coherency and consistency of the explanation of the law, application of facts and subsequent conclusion. Consequently this will include a consideration of matters such as presentation, formatting, expression, sentence structure, grammar and the like.
As a general guide, a student who has used the four step process correctly for each question (has identified the relevant principle(s) of law, explained the rule(s), applied the facts and come to a logical conclusion), but the explanation of the law or application of the facts is not as detailed as it could be, or the conclusion is not a logical progression of what has gone before, would be awarded a pass mark for this part of the assignment (2.5 – 5 marks).
Part B – Short answer question
One short answer question, worth 5 marks. This question will not necessarily relate to the 555f
Referencing and appropriate acknowledgement of sources
Most often errors in referencing are incidental or clearly inadvertent. In the event of a level one incident of plagiarism occurring, a student may be contacted by the University and required to undertake further training or remedial work in relation to referencing. Where the lack of correct referencing appears to contravene the University policy on plagiarism, the student’s paper will be referred to the Unit Coordinator and dealt with according to University policy. This may amount to academic misconduct.
An important aspect of the University Plagiarism Policy is recognition that not all plagiarism is intentional or involves cheating. If students are not learning as expected, they will be made aware of their difficulties and helped to improve. Those who deliberately choose to cheat by way of plagiarism, however, will be identified and dealt with accordingly.
Students are strongly advised to understand their responsibilities in relation to correct referencing and should use Chicago Referencing.
Format of assignments
Assignments cannot be handwritten and must comply with the following format requirements. Those assignments, which do not conform to these requirements without prior agreement of the unit coordinator, will either be returned to the student unmarked or will have marks deducted:
• Document type: Word or pdf (word preferred)
• Font: Arial or similar font – no smaller than 12 point in size
• Pages: Numbered in top or bottom margin
• Spacing: Appropriate line spacing and paragraph spacing
• Margins: At least 2.5 cm top, left, right & bottom
• Cover sheet (located on Moodle under Week 6 folder) must be attached to the assignment
• Introduction to answers, content of body and concluding comments
• Appropriate sentence structure
• Correct grammar, spelling and punctuation
• Paragraph size and breaks appropriate
• Consistent format
• Appropriate use of headings and sub-headings
• Within acceptable word limit
• Appropriate referencing and acknowledgment of sources
The total assignment (meaning Part A and Part B) should be a minimum of 1,000 words and not exceed 3,500 words.
Please provide a word count on your cover sheet. A penalty of 10% will be imposed on assignments that exceed the word limit. Markers have discretion as to whether to apply the penalty for an additional 100 words, provided the discussion remains relevant. The assignment will not be assessed if it exceeds 3,500 words and will result in a ZERO mark.
The word count does not include the following:
• cover sheet
• in-text referencing
• referencing list
Please read the submission process carefully. Students should understand that compliance with instructions in relation to an assessment task is critical. Students MUST be aware that non-compliance with submission instructions can result in a mark of ZERO.
Students are required to submit their assignment to Turnitin (plagiarism detection programme) and attach the report to their assignment and then upload their assignment to Moodle for marking.
Feedback on assignments
You should contact your lecturer in the first instance if you need help understanding the course material or issues arising in the assignment.
Unfortunately it is just not possible for your lecturer to review draft assignments for comment before submission (in effect double marking). If you have questions relating to your writing style (grammar etc) we suggest that you make use of the resources available at the Curtin College.
Lecturers will mark and return assignments within two weeks of their submission. Students will be provided with comments on what a student had done well and suggestions for improvement in the future. This will include specific feedback on the use of the four step process.
Assessment submitted early will not be marked before the due date.
Please refer to the Unit Outline for the full procedure in relation to penalties for late submission and requests for an extension.
PART A – Four step process (25 marks)
Helen owns and operates an antique store in Fremantle that is open between 9am and 5pm Monday to Saturday. One Wednesday morning, Orlando is looking for a present for his girlfriend Miranda and comes across the antique store. Orlando noticed in the shop window an antique broach and matching hair clip set on sale for $300, he believes that Miranda will like the items, but he cannot afford $300. Orlando enters the store and discusses the matter with Helen the shop owner, who offers to sell him the items for $250. Orlando replies by saying ‘that he has to think about it’. Helen says ‘that she will keep the offer open for acceptance until 10am the next day’. Helen gives Orlando her business card (which has the relevant phone numbers) and Orlando gives Helen his mobile phone number.
That evening Orlando decided that he would buy the items for his girlfriend Miranda. He telephoned the number on the business card and leaves a message at 10pm to the effect that he agrees to buy the antique broach and hair clip set for $250 and that he would call by the bookshop on Thursday afternoon to collect and pay for the antique broach and hair clip set.
The next day, Thursday, Helen opens the antique store for business at 9am. Around 9.30am Angelica visited the shop and saw the antique broach and hair clip set in the shop window. She enters the shop and is very keen to purchase the items to add them to her antique collection, and offers Helen $270 for the items. Helen accepted Angelica’s offer. Angelica paid for the items and left Helen’s antique shop with her purchase.
At 10am Helen telephoned Orlando and told him that she was withdrawing her offer and that she had sold the antique broach and hair clip set to Angelica. Orlando then told Helen that he had left a message on the answer service last night at 10pm saying that he agrees to purchase the items for $250. After her telephone conversation with Orlando, Helen accessed the answering machine message and heard the telephone message that Orlando had left the previous evening.
Question (1) 10 Marks
Assume that the elements of intention and consideration required for the formation of a contract exist. Using the four-step process, discuss whether the element of agreement required for the formation of a contract can be established. Did Orlando have a legally enforceable contract with Helen? Does Helen have to sell the special offer set to Orlando?
Sybil is a badminton champion and is going to represent Australia in the forthcoming European Badminton Championship in France. Before leaving Australia for France Sybil decides to have her badminton racquets restrung. Sybil sees an internet advertisement by Jeffrey’s Restringing, stating that they are the ‘best in New South Wales and no-one can restring racquets like them’ the advertisement also stated that ‘they only use first grade materials when restringing racquets for champions’.
Seeing this advertisement Sybil decides to take her racquets to Jeffrey’s Restringing. She enters Jeffrey’s shop, she does not notice a sign which is placed on the wall behind the counter which says, in small sized print:
‘Whilst all possible care is taken with stringing and restringing work entrusted to us we cannot accept responsibility for any defective work or defective products used by us, and we will not be liable for any loss or losses to customers, even if demonstrably caused by negligent workmanship by any of its employees.’
Even if Sybil had seen the notice she would not have been able to read it as she normally wears contact lenses and she was not wearing them that day.
Sybil asks for Jeffrey and she explains that she has seen his internet advertisement and she would like him to restring her racquets for badminton as she is going to the European Championship in France and she could win the championship, therefore it is extremely important that he restrings her racquets with the correct tension and materials. Jeffrey assures her that the racquets would be restrung correctly with the highest grade of materials. Sybil then asks ‘what is the cost for restringing 6 racquets’ and Jeffrey says ‘the 6 racquets would cost $180’. Sybil agrees and leaves her racquets for restringing and was given a docket which she placed in her purse, assuming that it identified her racquets so that she could collect the right racquets on her return. The same words which appeared on the notice behind the counter were also printed on the docket in very fine, but legible, print on the bottom of the docket.
A few days later, Sybil collected her racquets which appeared to be correctly strung. Paid the costs of restringing, packed the racquets with her other gear and left for the European Championship in France.
Whilst competing in the first round of competition, the strings in Sybil’s racquet broke. She then selected five replacement racquets in turn they also broke. She was eliminated from the first round of the European Championship and she was devastated as Sybil was guaranteed $35,000 of endorsements if she reached the finals. Sybil’s poor performance could be directly attributed to her faulty racquets, which had been strung with defective materials. Subsequent testing of the strings showed that they were suitable for squash racquets, but not for badminton racquets and they should never have been used by the person stringing the racquets for Sybil.
It was later discovered that one of Jeffrey’s employees allowed his son (who is not an employee of Jeffrey’s Restringing) to restring the racquets and he used the wrong strings.
Question (2) 10 marks
Using the four-step process, discuss what terms are expressly agreed in relation to the restringing of Sybil’s racquets. In your answer be sure to discuss whether Jeffrey’s Restringing can rely on the exclusion clause in the contract. You will also need to determine the status of any relevant terms, including whether they are a warranty or a condition. Students are reminded that they have been instructed to confine their answers for this assignment to topics four and five and NOT to consider the law in relation to performance, breach of contract or remedies.
PART B – Short answer question (5 marks)
Imagine you are a judge of the District Court of Western Australia. On a difficult point of law, you are faced with conflicting decisions of a single judge of the Supreme Court of New South Wales and a unanimous Court of Appeal of the Supreme Court of Victoria. Which precedent must you follow (if any)? Could you follow a strong decision of the Supreme Court of Singapore on the point of law?
In this question the marker will be looking for more than just “yes” or “no” answers.
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