CRICOS Provider No. 00103D BULAW1503 Commercial Law Assignment – Semester 1, 2020 Page 1 of 3
BULAW1503 COMMERCIAL LAW
ASSIGNMENT SEMESTER 1, 2020
Due: By 11.59pm Friday, 15th May 2020 (week 9)
Submission method: As a word document (not pdf) via the Turnitin assignment link in Moodle.
Weighting: 40% (total)
The purpose of the assignment is for you to undertake independent research into particular aspects of law,
to reflect on and consider particular factual and legal issues, and to apply your legal skills. We are looking
for a demonstrated understanding of commercial law, which requires you to use substantive law (i.e.
applicable statute and/or case law) to support your arguments.
The word length for this assignment is 2,500 words (a maximum only of 10% over or under this limit
will be allowed). Please provide a word count with the assignment, and do not include references within
your word count. Given the different marks weighting between the two (2) questions below, students should
use their discretion in allocating their number of words when answering each question.
The referencing method used in your assignment must be strictly in accordance with either the APA or the
AGLC styles. Details of both styles can be found on the Fed Uni Library weblink:
https://federation.edu.au/library/guides/help-with-referencing
In writing your response, please ensure that you answer the questions asked in this document and
address the criteria outlined in the Course Description and in the Criterion-Referenced Marking
Rubric (contained in this document).
Most marks will be given for analysis; very few marks will be given for merely restating information
(including the facts). A key assessment criterion for this task is your ability to apply knowledge and present
arguments to justify your analysis. In your answers to both question 1 and question 2 (contained in this
document), only consider Australian law applicable to agency and insurance. You must complete BOTH
questions one and two of this assignment.
QUESTION 1:
Peter is the facilities manager at the Berwick Greens Golf Club Inc. (“the club”). The club has been
experiencing some financial pressure lately due to a decline in guest numbers. The club’s committee has
instructed Peter that he is not to enter into any financial transactions which will cost the club more than
$5,000, without first obtaining the Committee’s approval. Peter is of the opinion that an indoor golf
simulation machine (“the machine”) would be a drawcard for new guests to the club, particularly those who
are undecided whether to become a member of the club. According to Peter, there is ample room for such
a machine in the entertainment area in the club’s building. The particular type of machine which Peter has
CRICOS Provider No. 00103D BULAW1503 Commercial Law Assignment – Semester 1, 2020 Page 2 of 3
in mind costs $10,000. The supplier of the machine, Acme Games (“Acme”) has a temporary special on all
its equipment. The machine which Peter is keen for the club to acquire usually sells for $15,000. Sensing
that this is an opportunity too good to be passed up by the club, Peter signs a contract with Acme on behalf
of the club for the purchase of the machine. He does so without informing the club’s committee. The
installation of the machine at the club’s building takes place during an evening, to minimise any disruption
during the day to the club’s members, personnel and guests. It is only when one of the club’s committee
members attends the club the following day that she becomes aware of this new machine and the purchase
contract with Acme. She then promptly informs all the other members of the club’s committee. You are
required to advise the club’s committee as to any rights and obligations it may have under agency law in
respect of the purchase contract with Acme. In your response, you should consistently refer to applicable
Australian law (case law and/or statute) relating to agency. (30 marks)
QUESTION 2 (Note: This question is separate from the question above):
Access the link below and read the article by Ms Karen Cox, CEO, Financial Rights Legal Centre, titled:
“Underinsurance no surprise: bushfire crisis highlights urgent need for reform”.
https://www.clcnsw.org.au/underinsurance-no-surprise-bushfire-crisis-highlights-urgent-need-reform
Having regard to Ms Cox’s article and applicable Australian insurance law, discuss the legal significance
of “underinsurance”, and how it has become an issue following the recent bushfires. In your response, you
should consistently refer to applicable Australian law (case law and/or statute) relating to insurance. (10
marks)
END OF ASSIGNMENT QUESTIONS
BULAW1503 COMMERCIAL LAW ASSIGNMENT – CRITERION REFERENCED MARKING RUBRIC
Further to pages 6-8 of the Course Description re. Assessment Task 2: Assignment:
| Marks awarded: |
Level of Information: |
Insight and Understanding: |
Ability to Structure and Organise the Work: |
Critical Analysis: |
Referencing and Bibliography: |
Communication skills ‐ grammar, spelling and language: |
| 80‐ 100% | Work contains original, highly relevant and exceptionally comprehensive information. |
Shows a sophisticated level of insight into the finer details of the assignment question/ topic, and displays rigorous and independent thought. |
The work is exemplary in structure and coherence. |
Evidence of highly skilled and incisive critical analysis of sources. |
Perfect referencing and a fully comprehensive and very well‐ presented bibliography, if applicable. |
Excellent use of grammar, spelling and language. |
CRICOS Provider No. 00103D BULAW1503 Commercial Law Assignment – Semester 1, 2020 Page 3 of 3
| 70‐79% | Work contains comprehensive, technically correct and relevant information. |
Shows excellent insight into the material and its significance for the question/ topic. |
The work is skilfully and coherently structured with a high level of conceptual clarity. |
Evidence of critical analysis and convincing application of source material. |
Consistent and accurate referencing and an organised and well‐ presented references list/bibliography. |
Good use of grammar, spelling and language. |
| 60‐69% | Work contains substantial and accurate information on mainstream material. |
Shows good understanding of the material and its relevance for the question/topic. |
The structure of the work is clear and the information is set out in an orderly manner. |
Evidence of competent analysis of the source material. |
Referencing is consistent, but may contain minor errors or omissions. References list/ bibliography is extensive, but may be slightly disorganised or contain minor omissions. |
Satisfactory use of grammar, spelling and language. |
| 50‐59% | Work contains a reasonable amount of accurate information on the main aspects under question. |
Shows a fair understanding of the material and its relevance for the question/topic, although the understanding may be incomplete. |
The work is structured but some of the information may be set out in a disorganised or unclear manner. |
An attempt at analysis of the source material, although limited in scope. |
Work displays an understanding of the principles of referencing, but citing is not consistently executed and may contain some errors. Reference list/bibliography is not complete and contains some errors. |
Reasonable use of grammar, spelling and language, but may contain some errors and lack of fluency. |
| 0-49% | The work contains inadequate information and includes significant errors and misinterpretations. |
Shows very limited understanding of what the material means. Authorities cited in support of the wrong propositions, and/or not cited at all. |
The work is very lacking in structure and is mostly, or totally, incoherent in its structure. |
Source material and relevant legal authorities are hardly analysed, or at all, and lacks under standing. |
Hardly any referencing and completely inadequate bibliography, where applicable. |
Work is barely comprehensible, or at all, due to very poor use of grammar, spelling and language. |
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