case study

law 4 pages

Assignment Two will comprise of two (2) parts as follows:
PART A: Four Step Process (25 marks)
PART B: Short Answer (5 marks)
Ill upload the pdf for more information later.

5 sources

APA

Exemplar for assignment answer

Nicole and Joel, who just had a baby, decided to take a break from their hectic
rock star life style and drive around Queensland once Joel had finished singing
with his band. While they were at the Gold Coast, Nicole and Joel stayed at a
great house by the beach owned by their friend Sophie. They all agreed that
Nicole, Joel and the baby would be at the beach house for four weeks and
would pay Sophie $1000 a week for allowing them to stay in her house.

Nicole and Joel end up having a terrible time, their baby does not sleep at all
and they do not like staying so close to the beach. It is hot and sandy and
there is lots of noise from all the people on the beach. After two weeks they
pack up and go to Sydney. They don’t pay Sophie any money at all for rent
because the holiday was so disappointing.

Sophie however, really wants Nicole and Joel to pay her the rent as they had
agreed. Sophie had counted on the money to pay for her recent cosmetic
surgery. She is hurt by their failure to pay and has come to you to ask whether
she can make them pay her the rent that they owe her.

Question

Using the four step process discuss whether there is an intention to be
legally bound and a contract formed between the parties. Can Sophie enforce
the agreement between her and Nicole and Joel?

Identify the principle or issue of law
The principle (or issue) of law is that for a valid contract to be formed there
must be an intention to be legally bound by both parties.

Explain the rule(s) of law relevant to the principle/area/issue of law
identified in step one with reference to authority.

There are three main requirements for the formation of a legally enforceable
contract, intention, agreement and consideration. The element that requires
discussion here is the existence of an intention by the parties to enter into a
legally binding agreement.

An agreement is only legally enforceable if the parties intended at the time the
agreement is made to be legally bound.

Intention is to be judged objectively. The court asks whether, in the
circumstances, a reasonable person would regard the agreement as intended
to be binding.

The test is an objective one however the courts rely on presumptions to assist
with ascertaining whether the parties intended to be legally bound by the
agreement.

Comment [HF1]: Note the brevity of
this statement. You don’t need to repeat the
question or make general statements here.

Comment [A2]: You may not need to
refer to every single case that is listed for
each rule of law in the lecture
outlines/Source Book. Please, do not refer
to cases from outside of the course.

Comment [A3]: If you are going to have
an introductory type paragraph KEEP IT
BRIEF. Look at the marking rubric. The
marks in Step 2 are awarded based on the
quality of your explanation of the law with
reference to authority. Sometimes students
find it hard to begin writing an answer
without a general overview statement, but
too often they spend much too long on this
type of thing. A simple statement like this
does enhance the flow of your answer,
provided you have left enough time for the
important stuff. It’s good to include a
definition here of a relevant topic (i.e.
offer/acceptance or consideration).

Where arrangements are made between family members or friends the court
presumes that the parties to these agreements do not intend to be legally
bound. “A person who wants to treat an agreement with a close family relation
as legally binding will have to prove additional circumstances from which an
intention to be legally bound can be inferred” (Lambiris 2011 p.36)

In the case of Balfour v Balfour [1919] 2 KB 571 during their marriage a
husband and wife came to an arrangement whereby the husband agreed to
pay his wife an amount each month for her maintenance. After the parties
divorced, Mrs Balfour brought and action against Mr Balfour to enforce the
payment of the promised maintenance.

The issue for the court was whether Mr Balfour intended to be legally bound to
his wife when he promised to pay her maintenance. The court held that the
agreement was not legally enforceable. The court said that domestic
arrangements between spouses are not legally enforceable because at the time
of making the agreement, they do not intend that they should be sued upon.

In Cohen v Cohen (1929) 41 CLR 91 prior to the parties marrying they came to
an agreement that Mr. Cohen would pay Ms Cohen a yearly dress allowance
paid quarterly. After the parties separated, Ms Cohen brought a claim against
Mr. Cohen for the unpaid installments of the promised dress allowance.

The court found that in the circumstances it could not be inferred that a legally
enforceable arrangement was intended. Arrangements between intending
husband and wife are only enforceable if at the time the agreement is made
there is an intention by the parties that the arrangement will give rise to legal
relations.

An example of where the presumption concerning social and domestic
agreements was rebutted is in the matter of Merritt v Merritt [1970] 2 All ER
760. In this case, the parties built a home and lived in it together whilst
married, jointly contributing to paying off the home loan. During the marriage
the home was transferred into joint ownership, initially having only been in the
husband’s name. Upon their separation the parties agreed that Ms Merritt
would reside in the home and pay the remainder of the loan. Mr. Merritt
agreed that once the loan was paid off in full he would transfer the house into
Ms Merritt’s sole ownership. A letter to this effect was signed. After the loan
was repaid, Mr. Merritt refused to transfer ownership to Ms Merritt. Ms Merritt
sought to enforce the agreement.

The court found that the parties intended to be bound by this agreement and
therefore it was legally enforceable. The court stated that when all the
circumstances at the time the agreement was made were taken into account, a
reasonable person would regard the parties to the agreement as intending to
be bound by it.

When an agreement is reached in a commercial or business context, the court
presumes that the parties to the agreement intended that the agreement

Comment [HF4]: Note that this question
is mainly concerned with the presumption
concerning social and domestic agreements.
It’s a good idea to discuss the most relevant
aspects of your discussion first.

Comment [HF5]: Here is an example of
a direct quote from the text. This quote
must be in quotation marks and have a
reference after it to tell the marker where
the quote is from. In this case, the quote is
from page 36 of the textbook by Lambiris.

Comment [HF6]: When discussing a
case it is vital that you refer to the facts,
issue that the court had to decide and the
decision of the court. For this answer
however, given that the issue for the court
is the same, it is not necessary to repeat it
for each case on that particular point.

Comment [A7]: Note the different ways
to introduce a case – any of the ways shown
is fine.

would be legally binding (Lambiris 2011 p.36). The party wanting to establish
that this is not the case will need to adduce evidence to show otherwise.

In Esso Petroleum Ltd v Commissioners of Customs and Excise [1976] 1 All ER
117 Esso promised to give motorists who purchased their fuel a
commemorative coin. The Commissioner argued that these coins were subject
to a tax because they were not “free”, but part of a sale agreement. The issue
before the court was whether Esso had intended to be legally bound by the
offer to give the coins to motorists who purchased its fuel.

The court held that the terms of the promotion were intended to be a legally
binding promise. This was a commercial promotion even though the coins were
described as “free” and it could be presumed from these circumstances that it
was a promise made with an intention to be legally bound.

In the case of Ermogenous v Greek Orthodox Community of SA Inc (2002) 209
CLR 95 a religious minister employed by the Greek Orthodox Community, (an
incorporated association) brought an action against the Community for breach
of the employment contract when the Community refused to pay him for
accumulated leave entitlements. The Community argued that the agreement
was in the nature of a social arrangement and it was not intended to be legally
binding. The court held that the agreement was intended to be legally binding
and Ermogenous was entitled to the payments under the enforceable contract
of employment.

The court stated that an agreement with a minister of religion does not in itself
mean the agreement is not intended to be legally binding if other
circumstances indicate otherwise. In these circumstances an incorporated non-
religious body made an agreement and it provided monetary and economic
benefits to the minister.

Apply the law to the facts of the question in a detailed and logical manner.

As an agreement is only legally enforceable if the parties intend to be legally
bound at the time the agreement is made, an objective assessment of the
circumstances in which Joel and Nicole and Sophie made the agreement needs
to be undertaken.

The question is whether, in the circumstances, a reasonable person would
regard the rental agreement as intended to be binding.
The parties here are friends. There are no facts to indicate that the rental
agreement was made in a commercial or business context, such as the beach
house regularly being rented out by Sophie as a source of income or for
investment.

Given that the parties are friends and the rental agreement appears to have
been made in a social context, the courts will rely on the presumption that in
these circumstances Nicole and Joel and Sophie did not intend to be legally
bound at the time the agreement was made.

Comment [HF8]: Here is an example of
paraphrasing. Note that while the words are
not exactly the same as the text, they are
similar enough to require acknowledgment
of the text as the original source.

Comment [HF9]: Note that this
presumption is less important to the
question so it should be discussed second

Comment [A10]: In a test or exam
situation you could shorten this case name
to “the Esso case”, as there is no other
“Esso case” on this rule of law. It is okay to
abbreviate case names, however just make
sure your abbreviation CLEARLY
identifies the case you are referring to and
cannot be confused with another similarly
named case.

Comment [HF11]: In assignments it is
important for you to show the citation of the
cases.

Comment [A12]: This is similar to the
comment made above regarding
introductory paragraphs. This may help
order your argument, but make sure it is not
too long winded it takes time away for
getting to the detailed application of the law
to the facts, as this is where the marks are.

To enforce the rental agreement Sophie will have to prove additional facts to
rebut this presumption. There are two facts mentioned that suggest Sophie
may be able to argue that at the time they made the arrangement they all
intended the agreement for the use of the beach house to be legally binding.

First the agreement itself. The rental payment is substantial and appears to be
a commercial rate, not a reduced rate for friends. The agreement is also for a
reasonable length of time. They have agreed that Joel, Nicole and the baby will
stay at the beach house for four weeks. However, there is nothing in the facts
to suggest the agreement is in writing. If the rental agreement had been
reduced to writing, this would assist Sophie in establishing that contrary to the
presumption, the parties intended the rental agreement to be legally binding.

Second Sophie appears to have acted on the basis that she will be receiving
the full rental amount as agreed. She has incurred costs for medical
procedures and seems to be relying on the payment from Joel and Nicole to
pay for these costs. The question does not say, but if Joel and Nicole knew
about this fact at the time the agreement was made, this would strengthen
Sophie’s argument that the parties intended to be bound.

In these circumstances, a reasonable person would regard the agreement as
intended to be binding.

Draw possible conclusions

In conclusion, it is likely that the rental agreement is legally enforceable
because Nicole and Joel and Sophie intended to be legally bound at the time
the agreement was made. A contract has been formed and Sophie can enforce
the agreement between her and Nicole and Joel in order to receive payment.

List of Cases Referred to

Balfour v Balfour [1919] 2 KB 571

Cohen v Cohen (1929) 41 CLR 91

Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95

Esso Petroleum Ltd v Commissioners of Customs and Excise [1976] 1 All ER
117

Merritt v Merritt [1970] 2 All ER 760

List of other sources

Lambiris, M. 2011. First Principles of Business Law. Sydney: CCH Australia

Comment [A13]: This is the maximum
that would be expected for a conclusion.

Comment [HF14]: At the end of your
assignment you should list all of the cases
that you have referred to in your work, in
alphabetical order.

Comment [HF15]: If you refer to the
textbook or lecture slides then you should
reference them here. There is no need to
reference each page that you have referred
to.

BusinessLaw 100

Assignment 2 Semester 1 2013

Peter is an aspiring writer who has just completed his autobiography. Before his
memoirs can be submitted for publishing, he must first find a literary agent to
represent him and his work. His sister’s husband, Raymond, is a literary agent, but
Peter does not want Raymond to represent him because Raymond doesn’t treat his
sister and their pets particularly well, and in one of the chapters of the memoir, Peter
discusses these events while describing Raymond as a ‘tool’.

Unfortunately for Peter, he has led a very boring life and after contacting every
literary agent in town, he can find no one to represent his work. Discouraged and
desperate, Peter contacts Raymond and asks him to act as his agent for the
autobiography, and for the other few manuscripts that he will produce after that.
Raymond doesn’t really like Peter, but needs to get back into his wife’s good books
after striking their over-energetic Labrador while reversing out of the driveway.
Seeing this as a good opportunity to make good on his misdeeds, Raymond agrees
to act as Peter’s agent for a small commission of 8% of the revenue on every book
that Peter sells. Before sending the manuscript over to Raymond, Peter removes the
parts that would likely offend Raymond and embarrass his sister.

Receiving the manuscript, Raymond thinks that he knows just the man to get the
manuscript into print. Billy, who assesses manuscripts for the Booky Wooky
publishing company (and has quite a boring life himself), reads a chapter of Peter’s
manuscript and loves it. After not being able to put it down, he decides on the spot to
offer Peter a publishing contract.

Getting Peter’s email address off Raymond, Billy sends the publishing contract
through to Peter’s email on Monday for his signature. In the email Billy states that the
contract must be signed, scanned and returned as an email attachment by Sunday
5pm, otherwise Booky Wooky publishing will have to find another author’s work to
publish. Reading Peter’s manuscript again on Friday morning, Billy can’t help but
think that he made a terrible mistake by first reading Peter’s manuscript after drinking
a bottle of Tequila while listening to One Direction’s new album. Now having the
clarity of mind reserved for geniuses, Billy gets on his email and sends an email to
Peter communicating that the Monday offer of a publishing contract is revoked.

After taking a short trip to Bali that was inspired by ‘Eat, Pray, Love’, Peter checks
his email on Friday afternoon. After reading the initial email from Billy, and
breakdancing delightedly for a short while thereafter, Peter signs the contract,
attaches it with a reply message to Billy and presses send. After clearing out more of
his inbox, Peter then opens Billy’s email revoking the publishing contract. Confused
and agitated by this occurrence, he calls Billy and forcefully tells him that they have a
legal agreement because he signed and returned the contract prior to receiving the
revocation email. Billy thinks that Peter is as mad as his memoirs describe and tells
him that they don’t have a contract at law.

Question (a) 10 marks

Using the four-step process, discuss the element of agreement required for
the formation of an enforceable contract. Have Peter and Billy (as an agent for
Booky Wooky Publishing Company) reached ‘agreement’ in relation to the
publishing contract?

Peter’s second manuscript, which is significantly better than his first effort, is expertly
negotiated by Raymond with Le Paz publishing, and sold for quite a large advance.
After this book, titled ‘Trifight: the story of three bodybuilders who compete for the
love of a lonely personal trainer’, hits the shelves, sales go ballistic and end up
earning Peter substantial revenues of $1 million.

When Raymond checks his bank balance and sees Peter’s agent fee deposit of
$60,000, he approaches Peter and sternly reminds him that 8% of $1 million is
$80,000. Peter, who has gone Hollywood with all of the attention received from the
success of the book, tells Raymond to “chill out brother” and calmly explains that he
deducted the other $20,000 as back payment for charging a reduced rent on the
house that his sister and Raymond leased off him five years earlier. Raymond is
angry beyond belief and tells Peter that this is not the arrangement that they came to
when he agreed to be Peter’s literary agent.

Question (b) 10 Marks

Assume that a legally binding agreement exists between Peter and Raymond.
Using the four-step process, consider whether the other elements required for
an enforceable contract are present. Can Raymond enforce the contract
against Peter?

 

PART B – Short answer question (5 marks)

What distinguishes a term of a contract from a mere representation? What
cases do you rely on for your answer?

The above is an example of a typical of short answer question you could be given in
the final examination (albeit on a different topic). In the past we have found that
students have answered the short answer section of the final examination very
poorly, even though it is worth the same amount of marks as the four step process
question. This is an opportunity for you to attempt this type of question to receive
feedback on what you did well and how you might improve next time. In this question
the marker will be looking for more than just “yes” or “no” answers. For example, to
answer this question well you will need to describe what a term is and differentiate it
from a representation. You will need to consider what else will need to be included.

Instructions to students

 Note the facts scenario used in this example are fictitious. Students are to focus on
answering the questions with reference to the relevant issues raised by the question
as they arise from topics 3 to 5. Not all topics 3 to 5 are necessarily assessed by this
question. Students will need to identify the relevant areas.

 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 3 to 5.

 Late submission of assignments

Please refer to the Unit Outline for the procedure for requests for an extension and
penalties for late submission. 

 Guidelines regarding format and word limits (and penalties for going over the word
limit) and submission procedures are set out in the Unit Outline and on Blackboard.

 The marking matrix is as follows. It is also provided in the unit outline and on
Blackboard under the assessments tab.

MARKING RUBRIC: The case study will be made up of two questions (a) and (b). Each will be
worth 10 marks. A further five (5) marks are allocated to how well the student has followed the
four step process.

STEP ONE : Identify the
relevant principle of law

No marks specifically (as
this is usually stated in the
question)

STEP TWO : Explaining the
law with reference to
relevant authority is the
most important step.

6 marks available

STEP THREE: The rules of
law explained must be
specifically applied to the
facts so a solution can be
found

4 marks available

STEP FOUR: A logical
conclusion should flow from
the above steps

No marks specifically
available

OVERALL USE
OF FOUR STEP
PROCESS AND
STRUCTURE OF
ANSWER

5 marks
available

In relation to the marks allocated for the overall use of the 4 step process and structure of
the answer, regard will be had to not just whether the answer is “set out” in the 4 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 4 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.

As a general guide, a student who has used the 4 step process correctly for each question
(a) and (b) (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 – 3
marks).

 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 consult the Unit Outline and vodcast on Blackboard for
more information.

 Tutor/Teaching Assistant feedback on assignments
All of the teaching staff are available to assist you with your learning in this unit. You
should contact your allocated teaching assistant/tutor in the first instance if you need
help understanding the course material or issues arising in the assignment. There is also
a staffed discussion board available for students. It is often helpful to share ideas and
problems with other students using this forum. You can also contact the Unit Coordinator
if you are still unable to get the answer you are seeking. Please allow 48 hours (working
days) for a response to your query.

Unfortunately it is just not possible for teaching assistants/tutors to review draft
assignments for comment before submission (in effect double marking). If you require
help with your assignment narrow the question or section of work to specific questions.

If you have questions relating to your writing style (grammar etc) we suggest that you
make use of the resources available at the CBS Communications Skills Centre. Their
contact details are available under “The Learning Hub” tab on Blackboard.

Teaching assistants/tutors will mark and return assignments within ten working days of
their submission. Students will be provided with individual 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 4 step process.

Assessment submitted early will not be marked before the due date.

Your assessment will be returned to you via your grades on Blackboard.

 

Curtin Business School
School of Business Law and Taxation

11011 Business Law 100

Bentley Campus
23 Jan 2013
School of Business Law and Taxation, Curtin Business School

Page: of 1 11
CRICOS Provider Code

WA 00301J, NSW 02637B

Name: Christian Duperouzel
Phone: +618 9266 7105
Email: C.Duperouzel@curtin.edu.au
Building: 407
Room: 325

Name: Christian Duperouzel
Phone: +618 9266 7105
Email: C.Duperouzel@curtin.edu.au
Building: 407
Room: 325
Consultation
times:

Tuesday 11AM to 1PM and Thursday
10AM to 12PM

Unit Outline

11011 Business Law 100

Semester 1, 2013

Unit study package number: 11011

Mode of study: Internal

Tuition pattern summary: Seminar: 1 x 3 Hours Weekly

This unit does not have a fieldwork component.

Credit Value: 25.0

Pre-requisite units: Nil

Co-requisite units: Nil

Anti-requisite units: Nil

Result type: Grade/Mark

Approved incidental fees: Information about approved incidental fees can be obtained from our website. Visit
fees.curtin.edu.au/incidental_fees.cfm for details.

Unit coordinator:

Teaching Staff:

Administrative contact:

Learning Management System: (lms.curtin.edu.au)Blackboard

http://lms.curtin.edu.au/

Curtin Business School
School of Business Law and Taxation

11011 Business Law 100
Bentley Campus
23 Jan 2013
School of Business Law and Taxation, Curtin Business School

Page: of 2 11
CRICOS Provider Code

WA 00301J, NSW 02637B

Acknowledgement of Country
We respectfully acknowledge the Indigenous Elders, custodians, their descendants and kin of this land past and
present.

Syllabus
An introduction to law with a business focus. Students examine the nature and sources of law in Australia. Key aspects
of civil law as they relate to business are explored with a particular emphasis on contract law.

Introduction
Welcome to Business Law 100. We hope that this unit is an interesting and valuable learning experience for you.
Please read this unit outline carefully as it contains important information.

This unit aims to provide you with an introduction to the legal system and an understanding of how law is relevant in
business. In fact, no business transaction can occur without contemplation of the applicable law. The focus of your study
will be on a number of specific areas of the law that arise for consideration in most commercial transactions, whether in
Australia or internationally. This unit also teaches you how to construct a coherent and logical legal argument when
analysing and solving case studies.

Learning Outcomes
On successful completion of this unit students can:

Graduate Attributes
addressed

1 Interpret and apply the basic legal rules and principles arising in the Australian legal system

2 Demonstrate an understanding of the principal concepts and sources of law in Australia to
identify and analyse legal issues

3 Construct a coherent and logical legal argument using the four step process approach

4 Apply relevant legal concepts and principles to analyse and solve case studies

Curtin’s Graduate Attributes

Apply discipline knowledge Thinking skills
(use analytical skills to solve problems)

Information skills
(confidence to investigate new ideas)

Communication skills Technology skills
Learning how to learn
(apply principles learnt to new situations)
(confidence to tackle unfamiliar problems)

International perspective
(value the perspectives of others)

Cultural understanding
(value the perspectives of others)

Professional Skills
(work independently and as a team)
(plan own work)

Find out more about Curtin’s Graduate attributes at the Office of Teaching & Learning website: otl.curtin.edu.au

Learning Activities
The tuition pattern is a three (3) hour weekly seminar, supported by specified reading and a computer-based tutorial.

The seminar will comprise a one (1) hour interactive lecture, beginning with a revision quiz. The remaining two hours will
be devoted to a case study on that week’s seminar topic, where students will be required to work through the case study
in the class, with assistance from the lecturer and teaching assistants. This structure gives students the opportunity to
learn how to apply relevant legal concepts and principles to analyse and solve case studies and receive feedback from
the teaching staff.

The computer-based tutorial assigned for that week can be completed in the students’ own time at their convenience.
Should students not have access to a suitable computer, or wish to receive further assistance and feedback on any of
the tutorial topics, the software for the computer-based tutorials has been installed in the computer labs in building 40

2.

Students will be notified which labs will be staffed by Business Law 100 teaching assistants.

Curtin Business School
School of Business Law and Taxation
11011 Business Law 100
Bentley Campus
23 Jan 2013
School of Business Law and Taxation, Curtin Business School

Page: of 3 11
CRICOS Provider Code

WA 00301J, NSW 02637B

Learning Resources
Essential Texts
You will need to purchase the following textbook(s) in order to complete this unit:

Lambiris M and Griffin L, First Principles of Business Law 2013 Edition, CCH, Sydney. Only the original
purchaser of this text is licenced to download and install the computer-based tutorials required for this unit.
Should students purchase a second hand version of the textbook or not have access to a suitable computer, the
software for the computer-based tutorials has been installed in the computer labs in building 402. Students
should be aware that there have been significant changes to the 2013 edition.

Other Resources
Recommended Texts

You do not have to purchase the following textbooks but you may like to refer to them:

Latimer P, Australian Business Law (recent edition); CCH Ltd, Sydney.

Pentony, B; Graw, S; Lennard, J; Parker, D Understanding Business Law (4th edition or later only), LexisNexis,
Australia.

Online Resources

FLECS – Blackboard

The Flexible Learning Environment for Curtin Student (FLECS-Blackboard) is provided for all Curtin students. Access is
via OASIS (http://oasis.curtin.edu.au) under the ‘my studies’ tab.

After you have carefully read through this outline, make sure that you:

Listen to the introductory Vodcast (located in the Unit Resources section on Blackboard) titled, ‘How to use
Business Law 100 course materials’.
Download the computer-based tutorials you will have to complete each week. Instructions on installing your
interactive tutorials are provided on page vi of the First Principles of Business Law (FPBL) textbook (just before
the contents page). If you have any problems downloading this software please contact the publisher at
alcware@netro.com.au or the trouble shooting page at www.ALCware.com.

Remember:
The software is copy-protected and you can only install it on one computer, so make sure you
install it on a computer you will have access to for the whole semester. After installing the software,
check that everything works and then follow the on-line prompts to register your installation.
Do NOT reformat your computer after installation. If you reformat, you will lose your registration
and when you reinstall the FPBL software you will need a new registration number (the old one
won’t work). This may mean buying a new license.

Work through the weekly Lecture Outlines, case studies and PowerPoint slides and listen to the iLecture for each
topic. You may wish to save the Lecture Outlines and/or the PowerPoint slides to your own computer, or print
them out week by week. If you chose not to attend the seminar, work through the weekly Lecture Outlines, Case
studies and PowerPoint slides and listen to the iLecture for that topic.
Complete the prescribed readings from the FPBL textbook for the topic as indicated in the Programme Calendar.
Remember that there are legislative extracts at the end of the textbook which should also be read as they arise in
each topic.
Work through the computer-based tutorial for each topic to ensure you have properly understood the materials.
Regularly check Blackboard for announcements. There is also a large amount of additional resources on this
site, including quizzes, links and FAQ’s to assist your learning. In particular, the discussion board is staffed by a
teaching assistant during the week.

Curtin Business School
School of Business Law and Taxation
11011 Business Law 100
Bentley Campus
23 Jan 2013
School of Business Law and Taxation, Curtin Business School

Page: of 4 11
CRICOS Provider Code

WA 00301J, NSW 02637B

Assessment
Assessment Schedule

Task Value % Date Due
Unit Learning
Outcome(s)
Assessed

1
Assignment One 20 percent Week: 4

Day: Thursday
Time: 16:00

1,2

2
Assignment Two 30 percent Week: 10

Day: Thursday
Time: 16:00

1,2,3

3
Final Examination 50 percent Week: Centrally

scheduled
examination

2,3,4

Detailed information on assessment tasks

Curtin Business School
School of Business Law and Taxation
11011 Business Law 100
Bentley Campus
23 Jan 2013
School of Business Law and Taxation, Curtin Business School

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CRICOS Provider Code

WA 00301J, NSW 02637B

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Assignment One (20 marks)
Assignment One will comprise of two (2) parts as follows:

PART A: Media report analysis (8 marks)
Students are required to select a media report from the choice of reports provided on Blackboard under the
assessment folder. Students are required to identify and analyse the legal issues arising in their chosen report.

Students need to apply the same criterion that was used in the Topic 1 case study, ‘The Coffee Shop’, to their
chosen media report. This means you need to use your issue identifying skills to assess and analyse the legal
issues that arise in the article as follows:

Identify aspects of your chosen media report that relate to the law with reference to the areas of law listed
in Chapter 1 of the FPBL textbook. Not all of these areas of law will be relevant, but each article involves
at least two areas of law. Students should not just provide a bare conclusion, but also explain why that
particular area of law is relevant. (2 marks)
The law has various functions. It:
– Allows people to organise and plan.
– Encourages or discourages particular activities.
– Creates rights and duties that can be enforced; and
– Provides remedies when rights are interfered with or duties are not discharged.
Demonstrate how the law functions in these various ways with reference to specific examples within your
chosen media report and the areas of law you identified in question 1. You need only provide one
example per point. However, you must discuss all four of these functions. Where possible, each point
should use a different area of law as illustration. Be sure to explain specifically how and why you came to
this conclusion. (4 marks)
With reference to the legal issues reported on in the chosen media report describe why is it important to
know the law in these circumstances? (2 marks)

Remember that there are annotated exemplars available on Blackboard to assist with your understanding of what
is expected for this part of the assignment.

PART B: Case analysis (10 marks)
Students will be provided with an extract from a reported decision (i.e. a ‘real’ case decided by a judge) on
Blackboard under the ‘Assessment’ folder. After reading and examining the decision, students will be required to
answer a series of questions demonstrating their ability to comprehend and apply their knowledge of topic two in
the analysis of the reported decision. Each question will have clearly allocated marks, amounting to a total of 10

.marks

PLEASE NOTE: The analysis required for Part B must pertain to the reported case extract, NOT to the media
report required for Part A. A student who analyses the Part A media report in the manner required by Part B shall
receive a mark of zero for Part B of the assignment.

Presentation (2 marks)
Cover sheet (located on Blackboard under the ‘Assessment’ folder)
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

Word Limit
The assignment should be a minimum of 500 words and not exceed 2000 words inclusive of both questions (i.e.
2000 maximum in total). Please provide a word count on your cover sheet. A penalty of 10% will be imposed on
assignments that exceed the word limit. The assignment will not be assessed if it exceeds 3000 words and
will result in a ZERO mark.

Assignment One must be submitted by 4PM WST on the Thursday of the week due, i.e. Thursday, 28
March 2013.

Your grade and marker’s response and feedback will be provided by way of an audio voice file available
on My Grades on Blackboard.

Curtin Business School
School of Business Law and Taxation
11011 Business Law 100
Bentley Campus
23 Jan 2013
School of Business Law and Taxation, Curtin Business School

Page: of 6 11
CRICOS Provider Code

WA 00301J, NSW 02637B
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Assignment Two (30 marks)
Assignment Two will comprise of two (2) parts as follows:

PART A: Four Step Process (25 marks)

Students will be provided a case study about which they will be required to construct a coherent and logical legal
argument using the four step approach. The assignment will require students to apply 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 three to five inclusive

Please note also that the information contained in the course materials (the textbook, computer-based tutorials
and seminar materials) are sufficient when completing your assignments. It is not necessary to research beyond
these materials for the purpose of completing assignments.

Marking Criteria

Students are assessed on their ability to explain and apply their knowledge of the relevant principles and rules of
law using the four step process. Briefly that process is:

Identify the legal issue

Explain the relevant rule/s of law using authority: cases and/or legislation
Apply the law to the facts
Reach a conclusion

Marking Rubric: The case study will be made up of two (2) questions (a) and (b). Each will be worth 10 marks. A
further five (5) marks are allocated to how well the student has followed the four step process.

STEP ONE

Identify the legal issue

No marks specifically (as this is usually stated in the
question)

STEP TWO

Explain the rule(s) of law with reference to relevant
authority is the most important step

6 marks available

STEP THREE

The rules of law explained must be specifically applied to
the facts so a solution can be found

4 marks available

STEP FOUR

A logical conclusion should flow from the above steps

No marks specifically available

OVERALL USE OF THE FOUR STEP PROCESS AND
STRUCTURE OF ANSWER

5 marks available

PART B: Short Answer (5 marks)
One short answer question, worth 5 marks. This question will not necessarily relate to the case study. Part B will
examine .topic 3 inclusive

Word Limit
The assignment should be a minimum of 500 words and not exceed 2500 words inclusive of both questions (i.e.
2500 maximum in total). Please provide a word count on your cover sheet. A penalty of 10% will be imposed on
assignments that exceed the word limit.The assignment will not be assessed if it exceeds 3500 words and
will result in a ZERO mark.

Assignment Two must be submitted by 4PM WST on the Thursday of the week due, i.e. Thursday, 9 May
2013.

Your grade and marker’s response and feedback will be provided by way of an audio voice file available
on My Grades on Blackboard.

Curtin Business School
School of Business Law and Taxation
11011 Business Law 100
Bentley Campus
23 Jan 2013
School of Business Law and Taxation, Curtin Business School

Page: of 7 11
CRICOS Provider Code

WA 00301J, NSW 02637B

3. Final examination (50 marks)
The examination builds on students’ critical thinking skills and discipline specific knowledge learnt in the
computer-based tutorials and case studies in the seminars. Students are required to apply relevant legal
concepts and principles to analyse and solve the case study by explaining and applying their knowledge of the
legal principles and rules arising in . The questions are structured as follows:topics 5 to 10

PART A: Four Step Process (15 marks)
One four step process question based on the facts of one of the case studies. Students construct a coherent
and logical legal argument using the four step approach for this question, . The marking rubricworth 15 marks
for this question will be the same as the four step process question in assignment two.

Approximately a week before the final examination is to sit, students will be provided with a handout, that will be
posted to FLECS-Blackboard, as an aid to their preparation for the final examination.

PART B: Applied Case Study (20 marks)
40 Multiple choice questions worth 20 marks (one half mark per question). Students are presented with a
case study and required to apply relevant legal concepts and principles to analyse and solve the case study by
applying their knowledge of the legal principles and rules arising and selecting the best answer in a multiple
choice format. The case study for Part B is different to the case study detailed in Part A.

PART C: Short Answer (15 marks)
Three short answer questions, worth 15 marks in total, each question worth 5 marks each. These
questions will not necessarily relate to the case studies.

Students are provided with further guidance for their preparation for the final examination throughout the
semester and in the revision week. In particular, students will be advised of the specific topics each question
draws upon.

Students should understand that compliance with instructions in relation to an assessment task is
critical. In business it is essential you act on instructions given by clients. In this unit instructions
typically relate to matters such as how to correctly complete a piece of assessment. Students MUST be
aware that non compliance with these instructions can result in a ZERO mark.

Fair assessment through moderation
Moderation describes a quality assurance process to ensure that assessments are appropriate to the learning
outcomes, and that student work is evaluated consistently by assessors. Minimum standards for the moderation of
assessment are described in the Assessment Manual, available from
policies.curtin.edu.au/policies/teachingandlearning.cfm

http://policies.curtin.edu.au/policies/teachingandlearning.cfm

Curtin Business School
School of Business Law and Taxation
11011 Business Law 100
Bentley Campus
23 Jan 2013
School of Business Law and Taxation, Curtin Business School

Page: of 8 11
CRICOS Provider Code

WA 00301J, NSW 02637B
1.
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Late Assessment Policy

Late Assessment Policy

This ensures that the requirements for submission of assignments and other work to be assessed are fair, transparent,
equitable, and that penalties are consistently applied.

All assessments which students are required to submit will have a due date and time specified on the Unit
Outline.
Accepting late submission of assignments or other work will be determined by the unit coordinator or Head of
School and will be specified on the Unit Outline.
If late submission of assignments or other work is not accepted, students will receive a penalty of 100% after the
due date and time ie a zero mark for the late assessment.
If late submission of assignments or other work is accepted, students will be penalised by ten percent per
calendar day for a late assessment submission (eg a mark equivalent to 10% of the total allocated for the
assessment will be deducted from the marked value for every day that the assessment is late). This means that
an assignment worth 20 will have two marks deducted per calendar day late. Hence if it was handed in three
calendar days late and marked as 12/20, the student would receive 6/20. An assessment more than seven

. Work submitted after this time (due date plus seven days) maycalendar days overdue will not be marked
result in a Fail – Incomplete (F-IN) grade being awarded for the unit.

Pass requirements
The marks are cumulative, so students do not need to pass each assessment task, but must achieve a total of 50 or
more to pass this unit. Detailed information on each assessment item is available on Blackboard in the Assessment
section.

Referencing style
Students should use the Chicago referencing style when preparing assignments.

More information can be found on this style from the Library web site: .library.curtin.edu.au

Plagiarism
Plagiarism occurs when work or property of another person is presented as one’s own, without appropriate
acknowledgement or referencing. Plagiarism is a serious offence. For more information refer to

.academicintegrity.curtin.edu.au

Plagiarism Monitoring
Work submitted may be subjected to a plagiarism detection process, which may include the use of systems such as
‘Turnitin’. For further information, see .academicintegrity.curtin.edu.au/students/turnitin.cfm

Additional information
Guidelines for Submission of Assignments
All assignments must be accompanied by an (or cover page). This AssignmentAssignment Attachment Form
Attachment Form is located on Blackboard under the ‘Assessment’ folder.

All assignments must be submitted by 4pm WST on the Thursday of the week due.

The assignment questions are located on Blackboard in the Assessment folder. You are required to submit two
assignments for assessment.

Students will also be required to submit their assignment to the plagiarism detection programme, Turnitin. Instructions
on the submission process will be posted to Blackboard at the beginning of semester, including the appropriate way to
save your file.

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:

http://library.curtin.edu.au/

http://academicintegrity.curtin.edu.au

http://academicintegrity.curtin.edu.au/students/turnitin.cfm

Curtin Business School
School of Business Law and Taxation
11011 Business Law 100
Bentley Campus
23 Jan 2013
School of Business Law and Taxation, Curtin Business School

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CRICOS Provider Code

WA 00301J, NSW 02637B

Document type: Word or pdf (pdf 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

The document must be checked for spelling and grammar before submission.

Assignment Marking

Students should allow a 10 day marking turnaround for assignments from the due date. Assignments submitted early
will not be marked before the due date.

Extension of Assessment due dates
Extensions of assessment are only granted in extenuating circumstances such as illness. The granting of an
extension or modification of assessment in accordance with University policy requires appropriate supporting
documentation, such as a medical certificate.

Extenuating circumstances do NOT include holidays, family celebrations such as weddings, moving house or poor time
management. These are not valid reasons and are not accepted as grounds for an extension.

The extension period will be a maximum of seven (7) calendar days from the due date and time. The application form for
an extension is available through your Oasis account and must be sent to the Unit Coordinator. Details of any extension
granted must be attached to the relevant assignment.

Please contact the unit coordinator regarding an application for extension.

It is your responsibility to check due dates. Allowances will not be made for students who submit their assignment late
as a consequence of confusing the due date for the assignment with another date.

Supplementary/Deferred Final Examination:

STUDENTS PLEASE NOTE: End of semester Final Examination deferrals are all handled by CBS Student Services
and NOT your unit controller. If for any reason you cannot sit your final examination, you must see CBS Student
Services in Building 407, Level 1.

Enrolment:
It is your responsibility to ensure that your enrolment is correct – you can check your enrolment through the eStudent
option on OASIS, where you can also print an Enrolment Advice.

Supplementary/Deferred Exams:
Supplementary and deferred examinations will be held at a date to be advised. Notification to students will be made
after the Board of Examiners meeting via the Official Communications Channel (OCC) in OASIS. It is the student’s
responsibility to check their OASIS account on a weekly basis for official Curtin correspondence. If your results show
that you have been awarded a supplementary or deferred exam you should immediately check your OASIS email for
details.

Student Rights and Responsibilities
It is the responsibility of every student to be aware of all relevant legislation, policies and procedures relating to their
rights and responsibilities as a student. These include:

the Student Charter
the University’s Guiding Ethical Principles
the University’s policy and statements on plagiarism and academic integrity
copyright principles and responsibilities
the University’s policies on appropriate use of software and computer facilities

Information on all these things is available through the University’s “Student Rights and Responsibilities website at:
.students.curtin.edu.au/rights

http://students.curtin.edu.au/rights/

Curtin Business School
School of Business Law and Taxation
11011 Business Law 100
Bentley Campus
23 Jan 2013
School of Business Law and Taxation, Curtin Business School

Page: of 10 11
CRICOS Provider Code

WA 00301J, NSW 02637B

Disability
Students with a disability or medical condition (e.g. mental health condition, chronic illness, physical or sensory
disability, learning disability) are encouraged to seek advice from Disability Services . Awww.disability.curtin.edu.au
Disability Advisor will work with you and liaise with staff to identify strategies to assist you to meet unit (including
fieldwork education) and course requirements, where possible. It is important to note that the staff of the university may
not be able to meet your needs if they are not informed of your individual circumstances.

Recent unit changes
We welcome feedback as one way to keep improving this unit. Students are encouraged to provide unit feedback
through , Curtin’s online student feedback system (see ). Recent changes to thisVALUatee evaluate.curtin.edu.au/info/
unit include:

Continual renewal of the unit materials and curriculum to ensure materials are up to date with significant changes
to the law whilst remaining commercially focused.
The computer-based tutorials continue to meet students’ requests for more immediate feedback and flexibility in
learning. The package of materials respects students’ desire for value for money as all of the materials are
integral to the learning process and assessment.
Ongoing evaluation of the format of the tuition pattern (three hour seminar) and feedback from students indicates
the preference of the majority of students for continuation of this method of delivery, both in terms of their
learning experience and for reasons of convenience and efficiency. The ability of students to seek individual
assistance is maintained by the presence of teaching assistants in the seminar, in the staffed labs and on
discussion board.
A more interactive style of delivery of the course material has been developed by the use of a weekly two hour
case study, revision sessions and computer-based tutorials.
Use of audio feedback files for written assessment tasks to improve the quality and detail of feedback given.

See evaluate.curtin.edu.au to find out when you can this unit.VALUatee

http://www.disability.curtin.edu.au

http://evaluate.curtin.edu.au/info/index.cfm

Curtin Business School
School of Business Law and Taxation
11011 Business Law 100
Bentley Campus
23 Jan 2013
School of Business Law and Taxation, Curtin Business School

Page: of 11 11
CRICOS Provider Code

WA 00301J, NSW 02637B

Program calendar
Program Calendar – Semester 1 2013

Week Begin Date Lecture/

Seminar

Pre-readings Tutorial/Other Assessment
Due

Orientation 25 February

1. 4 March 1. Introduction:
The nature and
function of law

Chapter 1 Government and
Law in Australia

2. 11 March 2. Sources of law:
Case Law

Chapter 3 Case Law

3. 18 March 3. Sources of law:
Legislation

Chapter 2 Legislation

4. 25 March 4. Making a
contract

Chapter 5 Making a contract Assignment One
(20%) THURSDAY
28 MARCH 4PM
(WST)

5. 1 April Tuition Free Week

6. 8 April Writing workshop:
Four Step Process

7. 15 April 5. Contents of a
contract

Chapter 6 Contents of a
contract

8. 22 April Tuition Free Week

9. 29 April 6. Performance
and Breach

Chapter 7 Performance and
breach of contract

10. 6 May 7. Remedies Chapter 8 Remedies for
breach of contract

Assignment Two
(30%) THURSDAY
9 MAY 4PM
(WST)

11. 13 May 8. Australian
Consumer Law

Chapter 10 Consumer
protection in
Australia

12. 20 May 9. Liability in tort
law

Chapter 13 The scope of tort
law

13. 27 May 10. Business
Organisations

Chapter 15 Business
organisations in
Australia

14 3 June 11. Revision Case studies for
revision

15. 10 June Study Week

16. 17 June Examinations

17. 24 June Examinations