Assessment 2: Essay (1,500 words) (25%)
Overview
The essay must be
completed by each student individually. There will be two
problem questions, which will be made available on vUWS. An announcement will
be posted on vUWS in Week 5, when the essay
questions have been uploaded into the Assessment folder.
Students must
answer both questions. This assessment task has a maximum of
1500
words. More specific information will be available on vUWS.
Essay
due date
The essay is due
in Week
7, Friday, 9 August 2019 before 11.00 pm. Your essay must be submitted
to Turnitin, which is available on the vUWS site for this unit.
All students are
required to learn how to use Turnitin well in advance of the due date for the
essay. Difficulty using Turnitin at the last minute will not be accepted as an
excuse for missing the deadline (except in the event of a verifiable problem
with our systems at the relevant time). You may resubmit your papers to
Turnitin as many times as you wish before final delivery. However, bear in mind
that it can take up to
24 hours for a fresh
Turnitin report to be generated – so plan ahead to allow yourself time to work
on your paper again after the first Turnitin report and still have time to
resubmit for another report (or to do this as many times as you wish).
Make sure you
submit a final version
of your essay,
as there will
be no resubmissions after the due
date without a penalty applying.
Do not submit the essay by e-mail under any
circumstances.
Students MUST
KEEP A HARD
COPY of the
essay identical to
the one submitted to Turnitin.
Return
of assessment material
No hard copies of the Essay
will be returned in class. Essays can be viewed on vUWS as soon as they are marked.
Criteria
and general assessment requirements
Essay questions
are fact based legal problems. The following Learning Outcomes will be assessed
in the Essay:
2. Apply common law and statue law to tortious,
contractual, consumer and agency relationships to resolve legal issues.
3. Examine the various business entities and their
ongoing legal responsibilities to solve practical legal problems.
Presentation
& style:
organises a clear
and coherent essay;
writes clearly,
accurately and is grammatically correct;
punctuates
appropriately;
references
sources according to the Australian Guide
to Legal Citation (see
‘Referencing’
below) or in accordance with the referencing style adopted by the school that
provides the course.
Content
and knowledge:
identifies
and explains the relevant area of common
law and statutory legal systems;
integrates
relevant cases and legislation to support their answer to the legal problem;
applies the legal
principles and legislation to the facts of the legal problem; and
provides a
conclusion to the legal problems (questions raised), including any defences,
remedies or penalties.
Submission requirements
Word length A word limit of
1500 words has been set, which excludes footnotes, titles and headings. The
word limit will be strictly enforced. There will be a 1 mark penalty for every
100 words in excess of the word limit
– or part
thereof. For example, an essay that is 1,851 words long will be deducted 4
marks. Please remember that this essay has been structured so that a
well-considered and scholarly written essay may be achieved within the
prescribed word limit.
Format There are strict formatting requirements with which students are
required to comply. The unit coordinator reserves the right to refuse to mark
essays that are not submitted in accordance with formatting requirements:
Do not
manipulate the margins of the page.
Use Arial
12 point font.
Essays
must be one and a half spaced or double spaced.
Ensure your full name and
student number appears on the footer of each page.
Number all
pages consecutively.
Provide a
reference list or a bibliography.
Answer format: Students should use the ILAC method of
answering the assessment question: i.e.
Issue, Law, Application, Defence (if any), Conclusion and Remedy (if any).
Referencing Essays
may be referenced in accordance with the Melbourne University Law Review
Association, Australian Guide to Legal
Citation (Melbourne University Law Review Association Inc, 4th
edition available
at: https://drive.google.com/file/d/14fRQZ- U68Zwe6UQEBXykR5o8Xbo1jTTI/edit.
Alternatively,
students may comply with the referencing requirements of their course. A
business citation system only (it could be
Harvard or some modified Harvard system). Full details of referencing
systems can be found at: http://library.westernsydney.edu.au/uws_library/guides/referencing- citation. A full range of resources for searching and citing
references is available at: http://library.westernsydney.edu.au/uws_library/services/training
Only Electronic submission/
Turnitin
NO Essay cover sheet
Late submission
Students are
required to keep a hard copy and electronic copy of all written work, which is
submitted. The essay must be submitted electronically via the Commercial Law
(PG) Essay Turnitin link on the vUWS site for this unit. Please read the
Turnitin Instruction Manual prior to submission. Students may not hand in hard copies. No other method of essay submission
will be accepted. Further information in regard to the submission of the essay
will be posted in the assessment folder of the vUWS page.
Note: Check whether you are permitted to submit
your assignment multiple times or only once.
Please do NOT
affix an Essay Cover Sheet to your essay. By uploading a submission into
Turnitin students certify that: (1) they hold a copy of the essay, if the
original is lost or damaged; (2) no part of this essay or product has been copied
from any other student’s work or from any other source, except where due
acknowledgement is made in the essay; (3) no part of the essay/product has been
written/produced for the student by any other person, except where
collaboration has been authorised by the unit lecturer concerned; and (4) they
are aware that this work may be reproduced and submitted to plagiarism
detection software programs for the purpose of detecting possible plagiarism
,which may retain a copy on its database for future plagiarism checking.
Late essays must
be submitted to the Late Commercial Law (PG) Essay Turnitin link on the vUWS
site for this unit. No other method of late essay submission will be accepted.
A student, who
submits a late assessment without approval for an extension, will be penalised
by 10% per day up to 10 days, i.e. marks equal to 10% of the essay’s weight
will be deducted as a ‘flat
Extension of due date for
submission
rate’ from the
mark awarded. For example, as the essay
has a possible highest mark of 25, the student’s awarded mark will have 2.5
marks deducted for each late day. Saturday and Sunday are counted as two
days. Assessments will not be accepted after
the marked assessment
task has been returned to students, who submitted the task on time.
The essay is to
be submitted via Turnitin by the due date and appointed time. Extensions will
only be granted in the event of serious
illness or serious misadventure (proved to the satisfaction of the unit
coordinator) that prevents you from completing the assessment by the due date.
If students need
to apply for a short extension of time to complete an assessment item, they
should email the unit co-ordinator requesting an extension and attach to their
request all appropriate supporting
documentation, including all work done on the essay up to the date of the
submission of the application. In accordance with university policy,
extensions will only be granted for unforeseen and/or grave illness,
misadventure, accident or other extenuating circumstances. An application for an extension does not automatically mean that an
extension will be approved.
Students should
submit their essays as soon as they are completed and not wait for the outcome
of their special consideration application. Remember, not all special
considerations applications are approved and/or extensions may be for a shorter
period than that which the student requested.
Where special
consideration is sought for circumstances involving more than three consecutive
days or more than five days within a teaching
period, students should complete a ‘Special
Consideration During Teaching Session’ application available through
eForms via MyUWS.
Marking criteria and standards
Fail (0-49%) The student’s
performance fails to satisfy the learning requirements specified. For example,
poor knowledge or application of the law, irrelevant discussion, poor standard
of presentation and inaccurate referencing.
Pass (50-
64%)
Credit (65-
74%)
The student’s
performance satisfies all of the basic learning requirements specified and
provides a sound basis for proceeding to higher-level studies in the subject
area. The student’s performance could be described as satisfactory.
The student’s performance, in addition to satisfying all of the basic
learning requirements specified, demonstrates insight and ability in analysing
and applying relevant skills and concepts. The student’s performance could be
described as better than competent.
Distinction
(75-84%)
High distinction (85%+)
The student’s
performance, in addition to satisfying all of the basic learning requirements,
demonstrates distinctive insight and ability in analysing and applying relevant
skills and concepts, and shows a well-developed ability to synthesise,
integrate and evaluate knowledge. The student’s performance could be described as
distinguished.
The student’s
performance, in addition to satisfying all of the basic learning requirements,
demonstrates distinctive insight and ability in analysing and applying relevant
skills and concepts, and shows exceptional ability to synthesise, integrate and
evaluate the law. The student’s performance could be described as outstanding.
QUESTION 1 (15 Marks)
On 15 January 2019, Krispy Kreme Doughnuts Inc.
(‘Krispy Kreme’) delivered boxes of doughnuts to Osman, the manager and owner
of, 7-Eleven Inc., (‘7-Eleven’). Osman noted that the boxes had the following
expiry date stamped on the boxes: ‘best before
10
January 2019’. Osman
was about to
call Krispy Kreme
to return the
boxes of doughnuts as the best
before date had expired five days earlier. However, he became distracted when
Isaac, an employee,
spilt some orange
juice on the
floor. Osman placed the doughnut
boxes on the counter and told Isaac to mop the orange juice off the floor.
Osman was concerned that someone may slip on the wet floor and hurt themselves.
Sara, a famous novelist, drove into 7-Eleven to fill her car with petrol. She
was slightly tipsy
having enjoyed a
celebratory wine after
coming back from
her successful book launch. While filling up the car with petrol, she
noticed Isaac mopping the floor in the store. She entered the 7-Eleven store to
pay for the petrol. As she walked towards the cash register, Sara slipped and
fell down. Sara injured her wrist trying
to break the
fall. Osman felt
bad for her
and handed Sara
two boxes of doughnuts that had been delivered to his
7-Eleven outlet earlier. Osman also offered to drive Sara to the local doctor,
Dr Ozzie.
After examining Sara’s wrist, Dr Ozzie assured
her that the x-ray showed that Sara had
nothing to worry
about. Dr Ozzie
bandaged her wrist
and prescribed some painkillers. Sara thanked the doctor and
handed him the same box of doughnuts which Osman had gifted her earlier. The
doctor took the doughnuts home, but ate them only after two weeks.
In early March 2019, Sara realised her wrist
still had not healed and she was in a lot of pain. Sara decided to visit her
family doctor, Dr Esha. Dr Esha conducted a CT scan on her wrist and diagnosed
that Sara had in fact fractured her wrist. Dr Esha told Sara that in
her view, according
to current medical
guidelines, Dr Ozzie
should have performed a proper CT
scan and set the fracture using a cast so the wrist could heal quicker. Dr Esha also told Sara that Dr Ozzie should
have advised her to come back to his clinic if she was in pain and if the
mobility of her wrist did not improve within a week. Due to the delay in
receiving appropriate treatment, Sara developed arthritis on her wrist. She is
unable to work as a writer. She now wishes to sue Dr Ozzie. Dr Ozzie, is in
hospital with food poisoning and he thinks the food poisoning may be due to the
consumption of the doughnuts Sara had gifted him.
Advise Sara, Dr Ozzie and 7-Eleven of any rights they may have and if Dr
Ozzie and
7-Eleven will be liable under the Tort of
Negligence ONLY. Give full legal authority for your answers.
QUESTION 2 (10 Marks)
Kabir wanted to expand his garment business,
‘Kabir Clothing Pty Ltd’ and decided to acquire
a competitor’s business
in Bankstown valued
at $600,000. He
required a further $300,000 to
acquire the business. Kabir decided to
apply for a business loan from the National
Australia Bank. As
part of the
National Australia Bank’s
loan assessment process for loan applicants, the bank informed Kabir
that they required the latest financial statements from Kabir Clothing Pty Ltd
to complete the credit check. The
financial statements for
the financial year
July 2017-June 2018
had not been prepared as his accountant had retired
and had closed his business. Kabir decided to engage his uncle, Mr Singh, the
principal of a prominent accounting firm, Singh & Associates in Paramatta
to prepare the financial statements. Kabir informed his uncle that he
needed the financial
statements urgently as the National
Australia Bank required the
financial statements before approving his loan.
Singh agreed to prepare the statements but
informed Kabir that due to the urgent nature of the request, he could only
prepare an initial draft of the financial statement. In his initial draft of
the financial statement, Singh clearly printed the words, ‘DRAFT
FINANCIAL
STATEMENT FOR 2018’. Singh
then handed the
draft financial statement to Kabir. Singh had in
fact over-valued ‘Kabir Clothing Pty Ltd’ as he had omitted to include the
depreciation of fixed assets for the financial year. Although the National
Australia Bank does not directly deal with Singh, they are aware that he is a
prominent and reputable accountant, who has recently been awarded the title:
‘best business accountant in Paramatta’.
The National Australia Bank approved the loan in reliance of
the statement prepared
by Singh and
submitted to them
by Kabir. Unfortunately, Kabir’s
business ends up making a loss and Kabir Clothing Pty Ltd goes into
liquidation.
Advise the National Australia Bank if it can successfully sue Kabir,
Singh, and Singh
& Associates? Consider all relevant common
law and statute law applicable in relation to the Tort of Negligence in your
answer.
Assessment 2: Essay (1,500 words) (25%)
Overview
The essay must be
completed by each student individually. There will be two
problem questions, which will be made available on vUWS. An announcement will
be posted on vUWS in Week 5, when the essay
questions have been uploaded into the Assessment folder.
Students must
answer both questions. This assessment task has a maximum of
1500
words. More specific information will be available on vUWS.
Essay
due date
The essay is due
in Week
7, Friday, 9 August 2019 before 11.00 pm. Your essay must be submitted
to Turnitin, which is available on the vUWS site for this unit.
All students are
required to learn how to use Turnitin well in advance of the due date for the
essay. Difficulty using Turnitin at the last minute will not be accepted as an
excuse for missing the deadline (except in the event of a verifiable problem
with our systems at the relevant time). You may resubmit your papers to
Turnitin as many times as you wish before final delivery. However, bear in mind
that it can take up to
24 hours for a fresh
Turnitin report to be generated – so plan ahead to allow yourself time to work
on your paper again after the first Turnitin report and still have time to
resubmit for another report (or to do this as many times as you wish).
Make sure you
submit a final version
of your essay,
as there will
be no resubmissions after the due
date without a penalty applying.
Do not submit the essay by e-mail under any
circumstances.
Students MUST
KEEP A HARD
COPY of the
essay identical to
the one submitted to Turnitin.
Return
of assessment material
No hard copies of the Essay
will be returned in class. Essays can be viewed on vUWS as soon as they are marked.
Criteria
and general assessment requirements
Essay questions
are fact based legal problems. The following Learning Outcomes will be assessed
in the Essay:
2. Apply common law and statue law to tortious,
contractual, consumer and agency relationships to resolve legal issues.
3. Examine the various business entities and their
ongoing legal responsibilities to solve practical legal problems.
Presentation
& style:
organises a clear
and coherent essay;
writes clearly,
accurately and is grammatically correct;
punctuates
appropriately;
references
sources according to the Australian Guide
to Legal Citation (see
‘Referencing’
below) or in accordance with the referencing style adopted by the school that
provides the course.
Content
and knowledge:
identifies
and explains the relevant area of common
law and statutory legal systems;
integrates
relevant cases and legislation to support their answer to the legal problem;
applies the legal
principles and legislation to the facts of the legal problem; and
provides a
conclusion to the legal problems (questions raised), including any defences,
remedies or penalties.
Submission requirements
Word length A word limit of
1500 words has been set, which excludes footnotes, titles and headings. The
word limit will be strictly enforced. There will be a 1 mark penalty for every
100 words in excess of the word limit
– or part
thereof. For example, an essay that is 1,851 words long will be deducted 4
marks. Please remember that this essay has been structured so that a
well-considered and scholarly written essay may be achieved within the
prescribed word limit.
Format There are strict formatting requirements with which students are
required to comply. The unit coordinator reserves the right to refuse to mark
essays that are not submitted in accordance with formatting requirements:
Do not
manipulate the margins of the page.
Use Arial
12 point font.
Essays
must be one and a half spaced or double spaced.
Ensure your full name and
student number appears on the footer of each page.
Number all
pages consecutively.
Provide a
reference list or a bibliography.
Answer format: Students should use the ILAC method of
answering the assessment question: i.e.
Issue, Law, Application, Defence (if any), Conclusion and Remedy (if any).
Referencing Essays
may be referenced in accordance with the Melbourne University Law Review
Association, Australian Guide to Legal
Citation (Melbourne University Law Review Association Inc, 4th
edition available
at: https://drive.google.com/file/d/14fRQZ- U68Zwe6UQEBXykR5o8Xbo1jTTI/edit.
Alternatively,
students may comply with the referencing requirements of their course. A
business citation system only (it could be
Harvard or some modified Harvard system). Full details of referencing
systems can be found at: http://library.westernsydney.edu.au/uws_library/guides/referencing- citation. A full range of resources for searching and citing
references is available at: http://library.westernsydney.edu.au/uws_library/services/training
Only Electronic submission/
Turnitin
NO Essay cover sheet
Late submission
Students are
required to keep a hard copy and electronic copy of all written work, which is
submitted. The essay must be submitted electronically via the Commercial Law
(PG) Essay Turnitin link on the vUWS site for this unit. Please read the
Turnitin Instruction Manual prior to submission. Students may not hand in hard copies. No other method of essay submission
will be accepted. Further information in regard to the submission of the essay
will be posted in the assessment folder of the vUWS page.
Note: Check whether you are permitted to submit
your assignment multiple times or only once.
Please do NOT
affix an Essay Cover Sheet to your essay. By uploading a submission into
Turnitin students certify that: (1) they hold a copy of the essay, if the
original is lost or damaged; (2) no part of this essay or product has been copied
from any other student’s work or from any other source, except where due
acknowledgement is made in the essay; (3) no part of the essay/product has been
written/produced for the student by any other person, except where
collaboration has been authorised by the unit lecturer concerned; and (4) they
are aware that this work may be reproduced and submitted to plagiarism
detection software programs for the purpose of detecting possible plagiarism
,which may retain a copy on its database for future plagiarism checking.
Late essays must
be submitted to the Late Commercial Law (PG) Essay Turnitin link on the vUWS
site for this unit. No other method of late essay submission will be accepted.
A student, who
submits a late assessment without approval for an extension, will be penalised
by 10% per day up to 10 days, i.e. marks equal to 10% of the essay’s weight
will be deducted as a ‘flat
Extension of due date for
submission
rate’ from the
mark awarded. For example, as the essay
has a possible highest mark of 25, the student’s awarded mark will have 2.5
marks deducted for each late day. Saturday and Sunday are counted as two
days. Assessments will not be accepted after
the marked assessment
task has been returned to students, who submitted the task on time.
The essay is to
be submitted via Turnitin by the due date and appointed time. Extensions will
only be granted in the event of serious
illness or serious misadventure (proved to the satisfaction of the unit
coordinator) that prevents you from completing the assessment by the due date.
If students need
to apply for a short extension of time to complete an assessment item, they
should email the unit co-ordinator requesting an extension and attach to their
request all appropriate supporting
documentation, including all work done on the essay up to the date of the
submission of the application. In accordance with university policy,
extensions will only be granted for unforeseen and/or grave illness,
misadventure, accident or other extenuating circumstances. An application for an extension does not automatically mean that an
extension will be approved.
Students should
submit their essays as soon as they are completed and not wait for the outcome
of their special consideration application. Remember, not all special
considerations applications are approved and/or extensions may be for a shorter
period than that which the student requested.
Where special
consideration is sought for circumstances involving more than three consecutive
days or more than five days within a teaching
period, students should complete a ‘Special
Consideration During Teaching Session’ application available through
eForms via MyUWS.
Marking criteria and standards
Fail (0-49%) The student’s
performance fails to satisfy the learning requirements specified. For example,
poor knowledge or application of the law, irrelevant discussion, poor standard
of presentation and inaccurate referencing.
Pass (50-
64%)
Credit (65-
74%)
The student’s
performance satisfies all of the basic learning requirements specified and
provides a sound basis for proceeding to higher-level studies in the subject
area. The student’s performance could be described as satisfactory.
The student’s performance, in addition to satisfying all of the basic
learning requirements specified, demonstrates insight and ability in analysing
and applying relevant skills and concepts. The student’s performance could be
described as better than competent.
Distinction
(75-84%)
High distinction (85%+)
The student’s performance, in addition to satisfying all of the basic learning requirements, demonstrates distinctive insight and ability in analysing and applying relevant skills and concepts, and shows a well-developed ability to synthesise, integrate and evaluate knowledge. The student’s performance could be described as distinguished. The student’s performance, in addition to satisfying all of the basic learning requirements, demonstrates distinctive insight and ability in analysing and applying relevant skills and concepts, and shows exceptional ability to synthesise, integrate and evaluate the law.
QUESTION 1 (15 Marks)
On 15 January 2019, Krispy Kreme Doughnuts Inc.
(‘Krispy Kreme’) delivered boxes of doughnuts to Osman, the manager and owner
of, 7-Eleven Inc., (‘7-Eleven’). Osman noted that the boxes had the following
expiry date stamped on the boxes: ‘best before
10
January 2019’. Osman
was about to
call Krispy Kreme
to return the
boxes of doughnuts as the best
before date had expired five days earlier. However, he became distracted when
Isaac, an employee,
spilt some orange
juice on the
floor. Osman placed the doughnut
boxes on the counter and told Isaac to mop the orange juice off the floor.
Osman was concerned that someone may slip on the wet floor and hurt themselves.
Sara, a famous novelist, drove into 7-Eleven to fill her car with petrol. She
was slightly tipsy
having enjoyed a
celebratory wine after
coming back from
her successful book launch. While filling up the car with petrol, she
noticed Isaac mopping the floor in the store. She entered the 7-Eleven store to
pay for the petrol. As she walked towards the cash register, Sara slipped and
fell down. Sara injured her wrist trying
to break the
fall. Osman felt
bad for her
and handed Sara
two boxes of doughnuts that had been delivered to his
7-Eleven outlet earlier. Osman also offered to drive Sara to the local doctor,
Dr Ozzie.
After examining Sara’s wrist, Dr Ozzie assured
her that the x-ray showed that Sara had
nothing to worry
about. Dr Ozzie
bandaged her wrist
and prescribed some painkillers. Sara thanked the doctor and
handed him the same box of doughnuts which Osman had gifted her earlier. The
doctor took the doughnuts home, but ate them only after two weeks.
In early March 2019, Sara realised her wrist
still had not healed and she was in a lot of pain. Sara decided to visit her
family doctor, Dr Esha. Dr Esha conducted a CT scan on her wrist and diagnosed
that Sara had in fact fractured her wrist. Dr Esha told Sara that in
her view, according
to current medical
guidelines, Dr Ozzie
should have performed a proper CT
scan and set the fracture using a cast so the wrist could heal quicker. Dr Esha also told Sara that Dr Ozzie should
have advised her to come back to his clinic if she was in pain and if the
mobility of her wrist did not improve within a week. Due to the delay in
receiving appropriate treatment, Sara developed arthritis on her wrist. She is
unable to work as a writer. She now wishes to sue Dr Ozzie. Dr Ozzie, is in
hospital with food poisoning and he thinks the food poisoning may be due to the
consumption of the doughnuts Sara had gifted him.
Advise Sara, Dr Ozzie and 7-Eleven of any rights they may have and if Dr
Ozzie and
7-Eleven will be liable under the Tort of
Negligence ONLY. Give full legal authority for your answers.
QUESTION 2 (10 Marks)
Kabir wanted to expand his garment business,
‘Kabir Clothing Pty Ltd’ and decided to acquire
a competitor’s business
in Bankstown valued
at $600,000. He
required a further $300,000 to
acquire the business. Kabir decided to
apply for a business loan from the National
Australia Bank. As
part of the
National Australia Bank’s
loan assessment process for loan applicants, the bank informed Kabir
that they required the latest financial statements from Kabir Clothing Pty Ltd
to complete the credit check. The
financial statements for
the financial year
July 2017-June 2018
had not been prepared as his accountant had retired
and had closed his business. Kabir decided to engage his uncle, Mr Singh, the
principal of a prominent accounting firm, Singh & Associates in Paramatta
to prepare the financial statements. Kabir informed his uncle that he
needed the financial
statements urgently as the National
Australia Bank required the
financial statements before approving his loan.
Singh agreed to prepare the statements but
informed Kabir that due to the urgent nature of the request, he could only
prepare an initial draft of the financial statement. In his initial draft of
the financial statement, Singh clearly printed the words, ‘DRAFT
FINANCIAL
STATEMENT FOR 2018’. Singh
then handed the
draft financial statement to Kabir. Singh had in
fact over-valued ‘Kabir Clothing Pty Ltd’ as he had omitted to include the
depreciation of fixed assets for the financial year. Although the National
Australia Bank does not directly deal with Singh, they are aware that he is a
prominent and reputable accountant, who has recently been awarded the title:
‘best business accountant in Paramatta’.
The National Australia Bank approved the loan in reliance of
the statement prepared
by Singh and
submitted to them
by Kabir. Unfortunately, Kabir’s
business ends up making a loss and Kabir Clothing Pty Ltd goes into
liquidation.
Advise the National Australia Bank if it can successfully sue Kabir,
Singh, and Singh
& Associates? Consider all relevant common law and statute law
applicable in relation to the T
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