Assessment2Information
| Subject Code: | CLWM4000 | |
| Subject Name: | Business and Corporations Law | |
| AssessmentTitle: | Case Study Analysis | |
| AssessmentType: | IndividualWritten Report | |
| WordCount: 1500 Words | (+/-10%) | |
| Weighting: | 30 % | |
| TotalMarks: | 30 | |
| Submission: | Via Turnitin | |
| DueDate: | Week10(Mondayat11.55pm) |
YourTask
Using the Case Study provided, you will need to undertake an analysis of the various legal issues that are identified, cite relevant rules applicable to the issues, explain the application of the rules to the facts/situation in the case scenario using the IRAC method.
AssessmentDescription
Youarerequiredtoanswerthefollowing two(2)questions,basedontheCaseScenariobelow.
QUESTION1(10Marks)–(750Words)
• In your answer explain the meaning of Contract and how the Elementsneed to be satisfied in order to make a ValidSimpleContract. (5Marks)
• You will need to address all the “essentialelementsofacontract” including (Offer and acceptance, intention and consideration) as well as “elementsofavalidcontract” (Capacity, Legality, Genuine Consent, Mistake (Unilateral, Bilateral, Mutual), Misrepresentation (Innocent, Fraudulent, Negligent), Durres, Undue Influence and Unconscionability. (5 Marks)
• You will need to address and explain Remedies&Limitationsavailable for Julie (5Marks)
• Pleasemakesureyouusestatutoryprovisionsandrelevantcasestosupportyourlegal arguments.
QUESTION2(10Marks)–(750Words)
• Please advise Julie if Karla breached her AustralianConsumerLawGuaranteesor warrantiesunder the CompetitionandConsumerAct2010(Cth) Schedule 2. (5Marks)
• In your answer explain to Julie what are her AustralianConsumerLawGuaranteesunder the CompetitionandConsumerAct2010(Cth Schedule 2. You need to justify your view as to whether these guarantees are available and make sure you provide relevant statutory
provisions to support your arguments. (5Marks)
• Explain the Remediesand Limitationsavailable to Julie and Penaltiesthat can be imposed to
Karla (5Marks)
• Pleasemakesureyouusestatutoryprovisionsandrelevantcasestosupportyourlegal arguments.
CASESCENARIO
Karla is a professional chef and now is currently running a new Italian restaurant in Victoria. As a professional chef, she has decided to add a new range of pasta dishes to her menu. In order to attract more customers, Karla has placed a new large sign in the restaurant window promoting her new “gluten free pasta” range as “the best pasta in town, made with all fresh ingredients”.
Tom, a regular customer read the sign and he decided to take his wife Julie there for dinner on Friday night. Knowing that Julie cannot eat regular pasta, Tom thought that it would be good idea to take her to Karla’s restaurant where she would be able to enjoy the gluten free pasta.
Julie ordered a pasta dish “Ravioli” and she asked the staff to confirm if the pasta was gluten free and the staff confirmed that all the pasta was gluten free. Unfortunately, this staff member was new and did not know that “Ravioli” was not gluten free.
After a few minutes of eating the “Ravioli”, Julie started to feel very unwell and Tom had to take her to hospital. The doctor confirmed that she had had an allergic reaction to something that she ate. As Julie knows that she is intolerant to gluten, she suspected that the “Ravioli” that she had eaten at Karla’s restaurant was not gluten free. As a result of her allergic reaction, she will not be able to work for the next two days.
One of her major concerns it that as she works as a sole trader, she is unable to claim any sick leave
benefits and if she doesn’t work for those two days, she will lose $500 in income.
PleaseexplainifKarlaastheowneroftherestaurantcouldbeliableundercontractlawand consumerlaw,forherstaffthathaveindicatedtocustomersthatallthepastawasglutenfree.
AssessmentInstructions
• Your assessment is to be submitted via Turnitin in WORD format. PDF submissions will not be accepted
• Please refer to the assessment marking guide to assist you in completing all the assessment criteria and for information on the use of references and legal citations
Word Limitsfor WrittenAssessments
Submissions that exceed the word limit by more than 10% will cease to be marked from the point at which that limit is exceeded.
Assessment Marking Guide
| Criteria | F(Fail) 5-7 Marks | P(Pass) 7.5- 9.5 Marks | CR (Credit) 10-11Marks | D (Distinction) 11.5-13.5 Marks | HD (HighDistinction) 14 -15 Marks | Mark |
| AssessmentContent | ||||||
| Question1 Contract Law In your answer explain the meaning of Contract and how the elements need to be satisfied in order to make a simple contract valid You will need to address all the “essential elements of a contract” including (Offer and acceptance, intention and consideration) as well as “elements of a valid contract” Capacity, Legality, Genuine Consent (Mistake, Misrepresentation, Durres, Undue Influence and Unconscionability). Explain if Julie and Karla were in a valid contract Advice what are “Remedies and Limitations” available for Julie |
Your advice shows some understanding. This assignment is incomplete and inconsistent. Legal Argument are not complete or comprehensive. Some support offered for the argument but inadequate and/or irrelevant. Explanation of the issues and solution is not adequate, some attempt to establish a structure but inadequate. Inadequate referencing. |
Your advice is adequate with a number of the main principles of law identified and applied. Difficulty in sustaining or developing a coherent argument, showing some confusion, but generally demonstrating evidence of reading and thinking about the topic. Structured reasonably well Sources acknowledged. Generally correct expression and spelling with writing of a satisfactory standard. You have provided enough references to support your legal arguments. E.g (Case Law and Statutory Provisions) |
Your advice is good explained the main principles identified and applied. The main argument is sustained but may have some weaknesses. Generally demonstrated reading and thinking about the topic. Structured reasonably well and organised in a logical fashion. All sources acknowledged correctly. Generally presented well and with consistent use of terminology, correct spellings and expressions. |
Your advice has provided most of the principles of law applied. Principles defined and explained to an acceptable level. This assignment shows a good understanding of most of the principles and integrates them satisfactorily into the analysis. Some good examples given. Well structured – minor inadequacies. Referencing is good but some minor flaws evident. Clear and concise and correctly written. |
Your advice showed a detailed, coherently written assignment that answers the question succinctly. An objective reasoned argument that focuses on the relevant issues of the topic and developed with appropriate examples. Principles of law integrated well into the analysis. Shows evidence of having read relevant textbook, legislation and case studies and so on and clearly references any authors quoted in the assignment. No or very minor errors of expression. |
/15 |
| QUESTION2 AUSTRALIANCONSUMERLAW Please advise Julie if Karla breached his Australian Consumer Law Guarantees. |
Your advice shows some understanding. This assignment is incomplete and inconsistent. Legal Argument are not complete or comprehensive. Some support offered for the argument but inadequate and/or irrelevant. Explanation of the issues and solution is not adequate, some attempt to establish a structure but inadequate. Inadequate referencing. |
Your advice is adequate with a number of the main principles of law identified and applied. Difficulty in sustaining or developing a coherent argument, showing some confusion, but generally demonstrating evidence of reading and thinking about the topic. Structured reasonably well Sources acknowledged. Generally correct expression and spelling with writing of a satisfactory standard. You have provided enough references to support your legal arguments. E.g (Case Law and Statutory Provisions) |
Your advice is good explained the main principles identified and applied. The main argument is sustained but may have some weaknesses. Generally demonstrated reading and thinking about the topic. Structured reasonably well and organised in a logical fashion. All sources acknowledged correctly. Generally presented well and with consistent use of terminology, correct spellings and expressions. |
Your advice has provided most of the principles of law applied. Principles defined and explained to an acceptable level. This assignment shows a good understanding of most of the principles and integrates them satisfactorily into the analysis. Some good examples given. Well structured – minor inadequacies. Referencing is good but some minor flaws evident. Clear and concise and correctly written. |
Your advice showed a detailed, coherently written assignment that answers the question succinctly. An objective reasoned argument that focuses on the relevant issues of the topic and developed with appropriate examples. Principles of law integrated well into the analysis. Shows evidence of having read relevant textbook, legislation and case studies and so on and clearly references any authors quoted in the assignment. No or very minor errors of expression. |
/15 |
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