Fluent Essays

On Wed, Sep 5, 2018 at 4:18 AM Alice Walker <[email protected]> wrote: WORD COUNT 2,000 maximum. You may allocate any amount of words to each question; it is the overall total between all three questions that must not exceed 2,000 words. As per the Course Outline, assignments which exceed the allocated length will be subject to a penalty of 5\% of the total marks possible per 100 words or part thereof. Words are calculated including all headings, quotations, intext references and footnotes, but excluding any list of references (for Harvard referencing style). If the word limit is seriously misstated, this may be regarded as academic dishonesty. REFERENCING There are two options for referencing. Students may either utilise (1) the Harvard in-text style; or (2) the legal citation style, as outlined in the Australian Guide to Legal Citation (AGLC). Given that students are expected to cite the relevant legal authorities when answering this Assignment, it is perhaps more convenient to utilise the AGLC method, however either referencing style will be accepted. Please be aware of the relevant word limits and applicable penalties, as stipulated above. The Australian Guide to Legal Citation (3rd ed) is available in hard copy in the Law Library (ground floor of the Law School in the Ligertwood Building) or at the following website: http://law.unimelb.edu.au/mulr/aglc/about. For guidance, common references in the AGLC style are cited in the following format: Legislation: Competition and Consumer Act 2010 (Cth). Cases: Masters v Cameron (1954) 91 CLR 353. Books: Brendan Sweeney, Jennifer O’Reilly and Andrew Coleman, Law in Commerce (LexisNexis Butterworths, 5th ed, 2013). Articles: Brian Coote, ‘Consideration and Benefit in Fact and in Law’ (1990) 3 Journal of Contract Law 23. If using the Harvard style, you would simply cite the legislation/case in full within the text and use normal Harvard conventions for books/journal articles and the like. For example: ‘In Smith v Louiston (1922) 108 CLR 65, the High Court stated that…’. If using footnotes, it would be ‘In Smith v Louiston,1 the High Court stated that…’ and the case citation would be included in the footnote. ASSESSMENT CRITERIA · Demonstrated ability to identify a pertinent legal issue arising from a set of facts; · Demonstrated ability to identify a relevant legal principle or rule of Australian Contract Law and apply it to a material fact; · Demonstrated ability to develop practical solutions to legal problems and express tentative opinions as to the most suitable or likely remedies and outcomes; · Demonstrated ability to articulate an answer to a legal problem clearly and logically. IMPORTANT NOTE Content from Weeks 1 (Australian legal system) and 6 (business structures and ecommerce) is NOT ASSESSED in this assignment: you are ONLY being assessed on CONTRACT LAW (Weeks 2-5). HANDY TIPS · Write your answer in prose style i.e. using complete sentences, adhere to grammatical rules, and use correct spelling. It is important to clearly articulate your arguments. Use headings and subheadings if it will help! The MIRAC method might also assist you with structure. · Remember to read the questions carefully and consider what each of them is actually asking you to do – don’t go on irrelevant tangents! You should reach at least a tentative conclusion on each of the relevant issues; your reasoning is what is being assessed. · Each question may raise multiple legal issues or be capable of resolution through the application of a variety of legal rules. Be sure to consider all possibilities when writing your answer. · State the relevant legal principles clearly and accurately, citing appropriate authority. You must always back up statements of law with references to appropriate legal authority i.e. if you state a legal rule which you have learnt about in the course you must stipulate where the rule comes from (a particular case, piece of legislation etc.) either in the text of your discussion using Harvard referencing, or in the footnotes using the AGLC citation style. · A good answer to a problem should identify the issues and arguments each party might be expected to raise, and deal with those issues and arguments in a logical sequence, with most space being devoted to what appear to be the major points of contention. · Don’t waste words repeating all of the facts – confine your answer to issues that are actually raised by the facts. You should include details which are relevant to provide context to your argument (i.e. those facts which are essential to mention so that the marker can understand what you are saying), but you need not repeat everything! If you believe there is some ambiguity in the facts, or that more facts are needed in order to resolve a particular issue, you should say that in your answer. Assignment Task Instructions Read the following factual scenario then answer all of the questions at the end of this paper (p 5). Please note: these facts are purely fictional. Factual scenario Donna, Louis and Harvey are good friends and accountants working for three different Adelaide firms. It is now seven years since they graduated and each has enjoyed a successful individual career. One day the three meet for coffee and, while chatting, decide it would be a good idea to start their own accounting and financial planning firm. They each give notice with their employers and sign a new partnership agreement. They then register their new business and purchase a vacant office building in Goodwood (inner southern suburb of Adelaide). The trio attain loan finance from the Commonwealth Bank and renovate the office building, installing new computers throughout. They decide to shop around for the latest and best accounting software so they can offer their clients the most efficient and sophisticated service possible. Donna is tasked with finding suitable software. Donna visits Number Crunchers, a specialist IT company in the city, and speaks with Cam, one of the sales staff. Based on her new firm’s needs, Cam recommends the ‘MoneyMakers’ corporate accounting software package which includes 24/7 IT support. The package is advertised in store and on the Number Crunchers website at $15,649. Donna says she is very keen on the package but wishes to check with her partners first to make sure they’re happy as well. She leaves her contact details, including her mobile phone number and email address, with Cam and says she will contact him in two days (Thursday). Cam provides his personal mobile number to Donna and says to call whenever suits as he works all week. After speaking with Louis and Harvey, they both agree on the package and tell Donna to go ahead and order it. Donna contacts Cam and the following text conversation takes place: Meanwhile, Louis and Harvey have been hard at work finalising the office renovations and decide to reward themselves with a movie and game of laser skirmish. After visiting the cinema, they head to a nearby laser skirmish facility, ‘Flash Fort’ (which they’ve never visited before), for a few fun games to unwind for the day. The entrance, like the rest of the building, is dark with only fluorescent lights illuminating surroundings. They approach the counter where the staff member present asks them to write their names down and runs through some safety instructions before asking them to pay and suit up for their session. The full terms of participation are on the orange sign labelled ‘Mission Rules’ on the other side of the entrance (circled in picture below). When asked by Louis, the staff member indicates that they are not required to sign anything because ‘everything they need to know is up on the wall’ and they have to hurry because ‘the session starts pretty much as soon as they’ve paid and had the safety briefing’. Harvey and Louis look around and spot the sign. As they are walking over the countdown siren sounds, indicating their session is about to start. The sign is 70cm wide and 50cm high and bright orange. The heading of the sign is large and bold, while the terms of participation on the sign are printed in size 14 ‘Courier New’ font. The text colour is black. One of the terms, Term 18, reads: 18. Players must immediately leave the laser skirmish room when the session end announcement is made over the PA system. Any player who remains in the laser skirmish room for longer than one (1) minute after the session end announcement must pay a delay fee of $10.00, payable on departure. Harvey and Louis commence their one-hour session. When the session end announcement is made, they begin making their way out of the centre. They are laughing and joking about their experience and recounting some of the funny moments, walking casually at slow pace. When they finally exit the laser skirmish room the staff member indicates that they took over a minute to leave and must each pay $10. Harvey and Louis are furious about this, as it not only seems absurdly unfair but they did not know about this requirement. The next day, Harvey, Louis and Donna meet up at the office to discuss business matters when Donna receives a phone call from the cleaning company they hired to shampoo and steam clean the carpet throughout the building the following week. The company, Reynolds Contractors Pty Ltd, had already visited and quoted the job for $1,800. They were the only company contacted that said they were able to do the job within the next two weeks. Donna had already paid the fee in full. The Reynolds representative apologetically indicates that the price of the chemical required to treat the carpets has increased and they will require payment of an additional $220 before they can proceed. Donna is angry about it but knowing that the firm is due to open in a fortnight, and that the foul odour of the carpet will leave a negative impression with the important clients scheduled to meet with them on the first day of trade, she agrees to pay the sum. The next week, when the carpet is cleaned, Reynolds sends an invoice for the additional $220. Donna refuses to pay, saying she shouldn’t have to. Please provide answers to the following questions: 1. Did Donna and Cam create a binding contract for the purchase of the software? (15) 2. Are Harvey and Louis contractually bound to pay the delay fee to Flash Fort? (50) 3. Are Donna, Harvey and Louis required to pay the extra $220 for the carpet cleaning? (35) TOTAL MARKS (100) Please remember to refer to the appropriate legal authorities in your answer (i.e. cases etc.), particularly when making reference to legal rules and principles. You may disregard the application of the Australian Consumer Law. It is suggested that you allocate a proportionately greater number of words to your answers to Questions 2 and 3 given their heavier weighting (50 and 35 marks each respectively). Question 1 will therefore likely be your shortest response. As a rough guide, you should be aiming for approximately: 300 words for Question 1 1000 words for Question 2 700 words for Question 3 1 1 5 WORD COUNT 2,000 maximum. You may allocate any amount of words to each question; it is the overall total between all three questions that must not exceed 2,000 words. As per the Course Outline, assignments which exceed the allocated length will be subject to a penalty of 5\% of the total marks possible per 100 words or part thereof. Words are calculated including all headings, quotations, intext references and footnotes, but excluding any list of references (for Harvard referencing style). If the word limit is seriously misstated, this may be regarded as academic dishonesty. REFERENCING There are two options for referencing. Students may either utilise (1) the Harvard in-text style; or (2) the legal citation style, as outlined in the Australian Guide to Legal Citation (AGLC). Given that students are expected to cite the relevant legal authorities when answering this Assignment, it is perhaps more convenient to utilise the AGLC method, however either referencing style will be accepted. Please be aware of the relevant word limits and applicable penalties, as stipulated above. The Australian Guide to Legal Citation (3rd ed) is available in hard copy in the Law Library (ground floor of the Law School in the Ligertwood Building) or at the following website: http://law.unimelb.edu.au/mulr/aglc/about. For guidance, common references in the AGLC style are cited in the following format: Legislation: Competition and Consumer Act 2010 (Cth). Cases: Masters v Cameron (1954) 91 CLR 353. Books: Brendan Sweeney, Jennifer O’Reilly and Andrew Coleman, Law in Commerce (LexisNexis Butterworths, 5th ed, 2013). Articles: Brian Coote, ‘Consideration and Benefit in Fact and in Law’ (1990) 3 Journal of Contract Law 23. If using the Harvard style, you would simply cite the legislation/case in full within the text and use normal Harvard conventions for books/journal articles and the like. For example: ‘In Smith v Louiston (1922) 108 CLR 65, the High Court stated that…’. If using footnotes, it would be ‘In Smith v Louiston,1 the High Court stated that…’ and the case citation would be included in the footnote. ASSESSMENT CRITERIA · Demonstrated ability to identify a pertinent legal issue arising from a set of facts; · Demonstrated ability to identify a relevant legal principle or rule of Australian Contract Law and apply it to a material fact; · Demonstrated ability to develop practical solutions to legal problems and express tentative opinions as to the most suitable or likely remedies and outcomes; · Demonstrated ability to articulate an answer to a legal problem clearly and logically. IMPORTANT NOTE Content from Weeks 1 (Australian legal system) and 6 (business structures and ecommerce) is NOT ASSESSED in this assignment: you are ONLY being assessed on CONTRACT LAW (Weeks 2-5). HANDY TIPS · Write your answer in prose style i.e. using complete sentences, adhere to grammatical rules, and use correct spelling. It is important to clearly articulate your arguments. Use headings and subheadings if it will help! The MIRAC method might also assist you with structure. · Remember to read the questions carefully and consider what each of them is actually asking you to do – don’t go on irrelevant tangents! You should reach at least a tentative conclusion on each of the relevant issues; your reasoning is what is being assessed. · Each question may raise multiple legal issues or be capable of resolution through the application of a variety of legal rules. Be sure to consider all possibilities when writing your answer. · State the relevant legal principles clearly and accurately, citing appropriate authority. You must always back up statements of law with references to appropriate legal authority i.e. if you state a legal rule which you have learnt about in the course you must stipulate where the rule comes from (a particular case, piece of legislation etc.) either in the text of your discussion using Harvard referencing, or in the footnotes using the AGLC citation style. · A good answer to a problem should identify the issues and arguments each party might be expected to raise, and deal with those issues and arguments in a logical sequence, with most space being devoted to what appear to be the major points of contention. · Don’t waste words repeating all of the facts – confine your answer to issues that are actually raised by the facts. You should include details which are relevant to provide context to your argument (i.e. those facts which are essential to mention so that the marker can understand what you are saying), but you need not repeat everything! If you believe there is some ambiguity in the facts, or that more facts are needed in order to resolve a particular issue, you should say that in your answer. Assignment Task Instructions Read the following factual scenario then answer all of the questions at the end of this paper (p 5). Please note: these facts are purely fictional. Factual scenario Donna, Louis and Harvey are good friends and accountants working for three different Adelaide firms. It is now seven years since they graduated and each has enjoyed a successful individual career. One day the three meet for coffee and, while chatting, decide it would be a good idea to start their own accounting and financial planning firm. They each give notice with their employers and sign a new partnership agreement. They then register their new business and purchase a vacant office building in Goodwood (inner southern suburb of Adelaide). The trio attain loan finance from the Commonwealth Bank and renovate the office building, installing new computers throughout. They decide to shop around for the latest and best accounting software so they can offer their clients the most efficient and sophisticated service possible. Donna is tasked with finding suitable software. Donna visits Number Crunchers, a specialist IT company in the city, and speaks with Cam, one of the sales staff. Based on her new firm’s needs, Cam recommends the ‘MoneyMakers’ corporate accounting software package which includes 24/7 IT support. The package is advertised in store and on the Number Crunchers website at $15,649. Donna says she is very keen on the package but wishes to check with her partners first to make sure they’re happy as well. She leaves her contact details, including her mobile phone number and email address, with Cam and says she will contact him in two days (Thursday). Cam provides his personal mobile number to Donna and says to call whenever suits as he works all week. After speaking with Louis and Harvey, they both agree on the package and tell Donna to go ahead and order it. Donna contacts Cam and the following text conversation takes place: Meanwhile, Louis and Harvey have been hard at work finalising the office renovations and decide to reward themselves with a movie and game of laser skirmish. After visiting the cinema, they head to a nearby laser skirmish facility, ‘Flash Fort’ (which they’ve never visited before), for a few fun games to unwind for the day. The entrance, like the rest of the building, is dark with only fluorescent lights illuminating surroundings. They approach the counter where the staff member present asks them to write their names down and runs through some safety instructions before asking them to pay and suit up for their session. The full terms of participation are on the orange sign labelled ‘Mission Rules’ on the other side of the entrance (circled in picture below). When asked by Louis, the staff member indicates that they are not required to sign anything because ‘everything they need to know is up on the wall’ and they have to hurry because ‘the session starts pretty much as soon as they’ve paid and had the safety briefing’. Harvey and Louis look around and spot the sign. As they are walking over the countdown siren sounds, indicating their session is about to start. The sign is 70cm wide and 50cm high and bright orange. The heading of the sign is large and bold, while the terms of participation on the sign are printed in size 14 ‘Courier New’ font. The text colour is black. One of the terms, Term 18, reads: 18. Players must immediately leave the laser skirmish room when the session end announcement is made over the PA system. Any player who remains in the laser skirmish room for longer than one (1) minute after the session end announcement must pay a delay fee of $10.00, payable on departure. Harvey and Louis commence their one-hour session. When the session end announcement is made, they begin making their way out of the centre. They are laughing and joking about their experience and recounting some of the funny moments, walking casually at slow pace. When they finally exit the laser skirmish room the staff member indicates that they took over a minute to leave and must each pay $10. Harvey and Louis are furious about this, as it not only seems absurdly unfair but they did not know about this requirement. The next day, Harvey, Louis and Donna meet up at the office to discuss business matters when Donna receives a phone call from the cleaning company they hired to shampoo and steam clean the carpet throughout the building the following week. The company, Reynolds Contractors Pty Ltd, had already visited and quoted the job for $1,800. They were the only company contacted that said they were able to do the job within the next two weeks. Donna had already paid the fee in full. The Reynolds representative apologetically indicates that the price of the chemical required to treat the carpets has increased and they will require payment of an additional $220 before they can proceed. Donna is angry about it but knowing that the firm is due to open in a fortnight, and that the foul odour of the carpet will leave a negative impression with the important clients scheduled to meet with them on the first day of trade, she agrees to pay the sum. The next week, when the carpet is cleaned, Reynolds sends an invoice for the additional $220. Donna refuses to pay, saying she shouldn’t have to. Please provide answers to the following questions: 1. Did Donna and Cam create a binding contract for the purchase of the software? (15) 2. Are Harvey and Louis contractually bound to pay the delay fee to Flash Fort? (50) 3. Are Donna, Harvey and Louis required to pay the extra $220 for the carpet cleaning? (35) TOTAL MARKS (100) Please remember to refer to the appropriate legal authorities in your answer (i.e. cases etc.), particularly when making reference to legal rules and principles. You may disregard the application of the Australian Consumer Law. It is suggested that you allocate a proportionately greater number of words to your answers to Questions 2 and 3 given their heavier weighting (50 and 35 marks each respectively). Question 1 will therefore likely be your shortest response. As a rough guide, you should be aiming for approximately: 300 words for Question 1 1000 words for Question 2 700 words for Question 3 1 1 5