LAW101 Commercial Law Semester 1 2021 Assessment 2 Research Essay Due Date: Midnight Tuesday of Week 11 (25 May 2021, 11.59 pm) Weight: 30% Instructions: A. Answer only three (3) of the following six (6) questions B. Ensure that each answer is at least 500 words in length C. Refer to relevant court cases and legislation D. Use APA style for all referencing and bibliographies Research Questions 1. Explain the difference between real property and personal property. In your answer refer to at least five (5) of real life examples. 2. Describe the main courts in the Commonwealth and New South Wales court hierarchies in Australia and explain their relationship to the doctrine of precedent. 3. If you are injured because of the actions of another person, would your preference be to take action against the person who injured you in tort law or criminal law? Explain why. 4. Explain what is meant by a ‘fixture’ and why the definition is important. Describe the tests used to determine whether an item is, or is not, a fixture. In your answer, ensure that you refer to at least three (3) relevant cases. 5. In the tort of negligence, the ‘reasonable person’ plays an important part in determining foreseeability and whether there has been a breach of the standard of care. Explain what is meant by the term ‘reasonable person’? 6. In order to succeed in an action in negligence, certain elements must be established by a plaintiff. Explain those elements. In your answer, ensure that you refer to at least three (3) relevant cases. LAW101 Commercial Law – Assessment 2 Rubric Marking Template ULOs High Distinction 85-100% Distinction 75-84% Credit 65-74% Pass 50-64% Fail 0-49% Describe the origins of law in Australia, the roles of the constitution, parliaments and the courts. (25%) 1 Demonstrates a highly sophisticated understanding of the Australian legal system. Demonstrates a superior understanding of the Australian legal system. Demonstrates a good understanding of the Australian legal system. Demonstrates a satisfactory understanding of the Australian legal system. Demonstrates an unsatisfactory understanding of the Australian legal system. Outline key aspects of contract law, including essential requirements of a valid contract, and available remedies for breach of contract, and the key aspects of torts and negligence and consumer law. (25%) 2 Demonstrates a highly sophisticated understanding of contract law, tort law and negligence and consumer law. Demonstrates a superior understanding of contract law, tort law and negligence and consumer law. Demonstrates a good understanding of contract law, tort law and negligence and consumer law. Demonstrates a satisfactory understanding of contract law, tort law and negligence and consumer law. Demonstrates an unsatisfactory understanding of contract law, tort law and negligence and consumer law. Demonstrate the ability to work with others to analyse legal issues in business environments. (20%) 3 Demonstrates a highly sophisticated and highly collaborative ability to work with others. Demonstrates a superior ability to work with others. Demonstrates a good ability to work with others. Demonstrates a satisfactory ability to work with others. Demonstrates an unsatisfactory ability to work with others. Demonstrate the ability to research and include relevant references in accordance with the APA referencing style. (20%) 2, 3 Demonstrates a highly sophisticated ability to research and include relevant references according to the APA style of referencing. Demonstrates a superior ability to research and include relevant references according to the APA style of referencing. Demonstrates a good ability to research and include relevant references according to the APA style of referencing. Demonstrates a satisfactory ability to research and include relevant references according to the APA style of referencing. Demonstrates an unsatisfactory ability to research and include relevant references according to the APA style of referencing Ability to present information in written form including spelling, grammar length and clarity of writing. (10%) 3 Demonstrates a highly sophisticated ability to present information in written form including spelling, grammar length and clarity of writing, Demonstrates a superior ability to present information in written form including spelling, grammar length and clarity of writing. Demonstrates a good ability to present information in written form including spelling, grammar length and clarity of writing. Demonstrates a satisfactory ability to present information in written form including spelling, grammar length and clarity of writing. Demonstrates an unsatisfactory ability to present information in written form including spelling, grammar length and clarity of writing.