Assessment Task – Tutorial Questions Assignment
Unit Code: HA2022
Unit Name: Business Law
Assignment: Tutorial Questions Assignment (Individual)
Due: Week 13 – Friday, 16th October 2020 (11:30pm)
Weighting: 50%
Purpose:
This assignment is designed to assess your level of knowledge of the key topics covered in this unit.
Unit Learning Outcomes Assessed:
• Explain the various elements of the Australian legal system, such as the sources of Australian law, the jurisdiction of Federal and State Courts and the doctrine of precedent.
• Possess a working knowledge of the tort of negligence, contract, consumer protection, insurance and employment law. Prepare, analyse, and interpret transaction data and financial statements for data-driven decision- making;
• Apply the legal knowledge to factual situations, through written and/or oral communication, to achieve a reasoned conclusion. The ability to identify the relevant legal issues from a factual situation and the application of statute and case law involves the use of problem solving and decision-making skills.
Description:
Each week students were provided with three tutorial questions of varying degrees of difficulty. The tutorial questions are available in the Tutorial Folder, for each week, on Blackboard. The Interactive Tutorials are designed to assist students with the process, skills and knowledge to answer the provided tutorial questions. Your task is to answer a selection of tutorial questions from weeks 4 to 11 inclusive and submit these answers in a single document.
The questions to be answered are:
Question 1 (7 marks)
(Note this question is from the Week 4 Tutorial)
Having established duty, breach and damage, is the defendant liable for all the damages suffered? Discuss. (7 marks)
(Word limit: Minimum of 300 words. Maximum of 400 words)
Question 2 (7 marks)
(Note this question is from the Week 6 Tutorial)
Thomas, a poor university student, and his millionaire Dad enter into an arrangement where Thomas agrees that he will keep the front and backyards of the family property mowed, and he will ‘do a bit’ to keep the gardens looking tidy. In return, his Dad agrees to pay him a weekly allowance of $200. His Dad had previously used a garden contractor to do the job and paid him $350. They live on a large property, and the mowing alone takes half a day a week. After four weeks, Thomas’s Dad tells him that he can’t afford to pay $200 a week. He says that Thomas should be doing the work for nothing, as it is the responsibility of the whole family to look after the property; besides, he says, Thomas is getting free board and lodging. Advise Thomas on whether there is a contract between him and his Dad which the court will enforce.
Required:
Answer this question using the IRAC * method. (7 marks)
(Word limit: Minimum of 300 words. Maximum of 400 words)
* Note – IRAC stands for Issue, Rule, Application and Conclusion Question 3 (7 marks)
(Note this question is from the Week 7 Tutorial)
Oliver, while he was so drunk that he didn’t know what he was doing, bid successfully at an auction for the purchase of a house. It was clear to the auctioneer that Oliver didn’t know what he was doing. However, after Oliver sobered up, he confirmed the contract with the auctioneer. He then subsequently refused to complete the contract. Is Oliver bound to the contract?
Required:
Answer this question using the IRAC * method. (7 marks)
(Word limit: Minimum of 150 words. Maximum of 250 words)
* Note – IRAC stands for Issue, Rule, Application and Conclusion
Question 4 (7 marks)
(Note this question is from the Week 8 Tutorial)
Required:
A. Does a contract have to be in writing? (1 mark)
B. List three types of terms in a contract. (3 marks)
C. Distinguish terms in a contract from a representation. (3 marks)
(Word limit: Minimum of 50 words. Maximum of 150 words)
Question 5 (11 marks)
(Note this question is from the Week 10 Tutorial)
Required:
A. Define ‘acceptable quality’ according to s 54 (2) of the Australian Consumer Law (ACL). (4 marks)
B. What arguments can a seller put forward for limiting the scope of section 54 on acceptable quality found in the Australian Consumer Law (ACL)? (7 marks)
(Word limit: Minimum of 300 words. Maximum of 400 words)
Question 6 (11 marks)
(Note this question is from the Week 11 Tutorial)
Required:
A. Identify the four (4) key terms in Insurance Law. (4 marks)
B. Briefly explain what indemnity means in Insurance Law. (3 marks)
C. Briefly explain what the ‘doctrine of subrogation’ means and discuss its effect on the parties to an insurance contract. (4 marks)
(Word limit: Minimum of 200 words. Maximum of 300 words)
Submission Directions
The assignment will be submitted via Blackboard. Each student will be permitted only ONE submission to Blackboard. You need to ensure that the document submitted is the correct one.
Academic Integrity
Holmes Institute is committed to ensuring and upholding Academic Integrity, as Academic Integrity is integral to maintaining academic quality and the reputation of Holmes’ graduates. Accordingly, all assessment tasks need to comply with academic integrity guidelines. Table 1 identifies the six categories of Academic Integrity breaches. If you have any questions about Academic Integrity issues related to your assessment tasks, please consult your lecturer or tutor for relevant referencing guidelines and support resources. Many of these resources can also be found through the Study Skills link on Blackboard.
Academic Integrity breaches are a serious offence punishable by penalties that may range from deduction of marks, failure of the assessment task or unit involved, suspension of course enrolment, or cancellation of course enrolment.
Table 1: Six Categories of Academic Integrity breaches
Plagiarism Reproducing the work of someone else without attribution. When a student submits their own work on multiple occasions this is known as self-plagiarism.
Collusion Working with one or more other individuals to complete an assignment, in a way that is not authorised.
Copying Reproducing and submitting the work of another student, with or without their knowledge. If a student fails to take reasonable precautions to prevent their own original work from being copied, this may also be considered an offence.
Impersonation Falsely presenting oneself, or engaging someone else to present as oneself, in an in-person examination.
Contract cheating Contracting a third party to complete an assessment task, generally in exchange for money or other manner of payment.
Data fabrication and falsification Manipulating or inventing data with the intent of supporting false conclusions, including manipulating images.
Source: INQAAHE, 2020
If any words or ideas used the assignment submission do not represent your original words or ideas, you must cite all relevant sources and make clear the extent to which such sources were used.
In addition, written assignments that are similar or identical to those of another student is also a violation of the Holmes Institute’s Academic Conduct and Integrity policy. The consequence for a violation of this policy can incur a range of penalties varying from a 50% penalty through suspension of enrolment. The penalty would be dependent on the extent of academic misconduct and your history of academic misconduct issues. All assessments will be automatically submitted to Safe – Assign to assess their originality.
Further Information:
For further information and additional learning resources please refer to your Discussion Board for the unit.
