Assessment information
| Program Name: | Associate Degree Business; Diploma of Commerce
|
| Course(s) |
Commercial Law: LAW2497/2477
|
| Assessment Task | No:1 Folio |
| Teacher Name & Contact Details | |
| Total Marks | 40 Marks (20% overall total for this course) |
| DUE DATE | Week 12 |
Instructions:
- You must individually submit answers to all required tasks in the submission area on Canvas
- Your Folio will require you to undertake research and accurately reference all sources used
- Attach an RMIT cover sheet with your name and student number to the Folio
- Attach a reference list to the folio
- The Folio pieces must be typed with a 3 cm left margin and 1.5 spacing
- Use Font: 12 Point Arial or Times New Roman.
- Please number each question followed by your answer
- Keep a copy of the Folio for your record
Resources:
WHERE TO FIND THE LAW:
Essentially the 2 main sources of law are:
- Acts of Parliament (Statutes, Legislation) and
- Case Law (Judge made law, Common Law, Precedent)
What does AustLII do?
The Australasian Legal Information Institute (AustLII) provides free internet access to Australasian legal materials. AustLII’s broad public policy agenda is to improve access to justice through better access to information. AustLII publishes public legal information — that is, primary legal materials (legislation, treaties and decisions of courts and tribunals); and secondary legal materials created by public bodies for purposes of public access (law reform and royal commission reports for example) and a substantial collection of law journals.
Folio 1
Week 1 Introduction to Australian Law: categories of law
Question 10 Internet research
Total /5 Marks
- Using the following link answer the questions relating to Employment Law in Australia
https://www.fairwork.gov.au/ (Click on the “Pay Tab”)
- You are a 22-year-old graduate from a Financial Planning Program at RMIT who has just gained a three-month probationary employment contract to work full time with Financial Services firm Grice Slaughterhouse and Associates. Using the link to Fair Work Ombudsman:
- Describe the industry under which you are likely to be working
- Name the Award which applies to this industry
- Explain the purpose of an award
- Define the term employment contract
- Outline the payrate for a level 6 position in this industry
- Explain whether Grice Slaughterhouse can pay you under this payrate as part of your employment agreement with the firm
Folio 2
Week 2 Sources of Law: Parliament and the Constitution Total /10 Marks
Question 8: Legislation: read the case study and answer the questions which follow.
Case Study:
Turner owns a consulting business which he operates from a home office in South Melbourne. His home been broken into and robbed by someone three times in the last six months while Turner was working off site with clients. Fed up because the police could not find the offenders, Turner decided that he would try to stop the culprits himself. He installed surveillance cameras and built an electrically charged system which had the capacity to generate up to 12,000 volts of electric current. It was a dangerous device wired to the front door. Once set it could inflict massive damage delivering severe burns or a strong disabling shock to anyone coming in contact with the exterior wires. Jane, a friend of Turner’s is very concerned that an innocent person could be seriously injured by the device and contacts police who arrest Turner.
- Locate the Crimes Act 1958 (Vic) (You must reference the source of the legislation g. website; text etc)
- Identify the section of the Crimes Act Turner is likely to be charged with by police. (Copy the relevant section and explain why you think he could be charged with this offence)
- Define the term indictable offence
- Describe the penalty range Turner may face if found guilty beyond reasonable doubt
- Explain whether Turner could be charged with the same offence under the Victorian law if the action took place in NSW. Give reasons for your answer by referring to the Constitution and concept of federation.
Folio 3
Week 10 Consumer Law
Total /10 marks
Question 17. Short Report Word limit 500 words
For this task you will assume that you are employed by a large accounting firm, working in the tax and legal field within that firm, reporting to one of the organisation’s senior managers.
There have been several scandals in Financial Services. Prosecutions have resulted in substantial financial penalties and a significant loss to business reputation.
Your manager requires you to complete a short report aiming to both educate and advise your firm’s employees on how they should be conducting business in a way that does not breach the Australian Consumer Law. (ACL)
You are required to address the following:
- The function of the Competition and Consumer Act (Cth) 2010, and why the Act was passed by Parliament;
- Identify conduct which contravenes the ACL (Refer to s18 Chapter 2 of the ACL (Schedule 2)
- Examples of the Competition and Consumer Act (C/W) 2010 being enforced by the Australian Competition and Consumer Commission (ACCC) in the last twelve (12) months due to conduct that was in contravention of Schedule 2 of the Act
Folio 4
Week 11 Business Structures Total /10 marks
Part 2: Question 22
- Outline the advantages and disadvantages of choosing to operate a franchise as your business structure.
- Using the following links https://www.accc.gov.au/business/industry-codes/franchising-code-of-conduct and https://www.franchise.org.au/ – explain the purpose of the Franchising Code of Conduct.
5 Marks
And:
Partnership Agreement Template: Download the Partnership Agreement Template located under week 11 Leaning Activities Canvas. In a team of two or three students maximum complete the Partnership Agreement Template. Each team member is to submit an individual copy of their answers. 5 Marks
Folio 5 Reflection Word limit 300 words
Total /5 marks
Now that you can start to breathe a sigh of relief and work towards preparing for your exams we would like you to reflect on the following. Please be honest, courteous and mindful in your responses.
- Explain with an example how our study of the legal process might influence your future decision making as an individual and in business
- Describe a discovery you came across during our study of contract or negligence that was completely unexpected or very surprising to you
- Describe an assumption you had about our Legal System before the course that changed by the end of the course