WSU Commercial Law Assessment :
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SCHOOL OF LAW
LAWS7009 Commercial Law
Quarter 1 2023
Short Answer Problem Assignment (1000 words) (30 marks)
This document contains 6 pages including this page. The assignment questions are on pages 5 and 6.
PLEASE READ THE FOLLOWING INSTRUCTIONS AND INFORMATION PROVIDED CAREFULLY BEFORE ATTEMPTING THE ASSIGNMENT QUESTIONS.
- INDIVIDUAL ASSIGNMENT
The assignment is to be completed by an individual student. There are two questions for this assignment. Students should answer both questions. This assessment task has a maximum of 1500 words. Students who do not submit their own work, appropriately referenced, may be subject to student misconduct proceedings. Further information about referencing including resources is set out below.
All students are required to learn how to use Turnitin well in advance of the due date for the assignment. 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 will be able to submit draft versions of your paper to Turnitin as many times as you wish before submitting your final version. However, keep in mind that it can take up to 24 hours for a Turnitin report to be generated. So, plan ahead to allow yourself time to work on your paper again, after an initial Turnitin report, and still have time to submit your final version.
Do not submit the assignment by e-mail.
Students MUST KEEP A COPY of the assignment as submitted.
- ASSIGNMENT DUE DATE
The assignment will be available on vUWS from 10 am Monday 20 February 2023 and is due by 5 pm Friday 24 February 2023. The final version of your assignment must be submitted to Turnitin.
- RETURN OF ASSESSMENT MATERIAL
No hard copies of the assignment will be returned. Assignments, with feedback, can be viewed on vUWS once they are released. Students will be notified via an announcement when the assignments are released.
- CRITERIA AND GENERAL ASSESSMENT REQUIREMENTS
Assignment questions are fact-based legal problems. The following will be assessed in the Assignment:
Learning Outcomes 2 and 3
- Identify and demonstrate understanding of key legal concepts.
- Apply knowledge and understanding of common law and statutory concepts to analyse and solve practical problems.
Presentation & style
- Organises a clear and coherent assignment.
- Write clearly, accurately, and grammatically.
Content and knowledge
- Identifies and explains the relevant area of common law and statutory law.
- 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.
- Concludes the answer to the legal problems, including any defences, remedies, or penalties.
Submission requirements
| Word length | A word limit of 1000 words has been set, which excludes footnotes, titles and headings. The word limit will be strictly enforced. There will be a one-mark penalty for every 100 words over the word limit, or part thereof. For example, an assignment that is 1851 words long will lose 4 marks. |
| Format | There are formatting requirements students should comply with. The unit coordinator reserves the right to refuse to mark assignments that are not submitted in accordance with formatting requirements: Do not manipulate the margins of the page.Use Arial 12-point font.Ensure your full name and student number appears on the footer of each page.Include page numbers.Students should use the ILAC method (ie, Issue, Law, Application and Conclusion) to answer the assignment questions. |
| Referencing | Referencing should be in accordance with the Harvard WesternSydU style. See: https://library.westernsydney.edu.au/main/guides/referencing-citation |
| Only Electronic submission/ Turnitin | Students are required to keep a hard copy and electronic copy of all written work, which is submitted. The assignment must be submitted electronically via the Commercial Law Assignment Turnitin link on the vUWS site for this unit. Please read the Turnitin Instruction Manual prior to submission. Students cannot hand in hard copies. Further information in regard to the submission of the assignment will be posted in the assessment folder of the vUWS page. |
| NO Assignment cover sheet | Please do NOT attach an Assignment Cover Sheet to your assignment. By uploading a submission into Turnitin, students certify that: (1) they hold a copy of the assignment, if the original is lost or damaged; (2) no part of this assignment or product has been copied from any other student’s work or from any other source, except where due acknowledgement is made in the assignment; (3) no part of the assignment/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 submission | A student, who submits a late assessment without approval for an extension, will be penalised by 10% per day up to 10 days. For example, as the assignment has a possible highest mark of 30, the student’s awarded mark will have 3 marks deducted for each late day. Saturdays and Sundays are each counted as one day (ie a weekend equals two days). Assessments will not be accepted after the marked assessment task has been returned to students, who submitted the task on time. |
| Extension of due date for submission | The assignment 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 complete the ‘Request for Extension’ form available from the UWS website at Student Forms. This form needs to be submitted prior to the due date of the assignment. An application for an extension does not automatically mean that an extension will be approved. Please notify your unit coordinator via email that you have applied, as notification of e-forms can take up to 48 hours. 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%) | Student does not demonstrate basic understanding and application. |
| Pass (50-64%) | Student demonstrates basic understanding and application. |
| Credit (65-74%) | Student demonstrates good understanding and application. |
| Distinction (75-84%) | Student demonstrates very good understanding and application. |
| High distinction (85%+) | Student demonstrates excellent understanding and application. |
THE ASSIGNMENT QUESTIONS (ANSWER BOTH QUESTIONS)
QUESTION 1
Nina and her 18-year-old daughter, Eve, go on a weekend camping trip in the beautiful Blue Mountains State Park. They drive into the park and see a well-cleared and maintained camping ground set up by the Park for camping with eco-toilets nearby. However, there are already many campers there. As they want more space, they find a place some distance from the cleared camping ground area, near a huge and beautiful mountain ash tree. The ground is uncleared and wild, but they clear an area anyway and set up their tent there.
Immediately behind the tree is a logging road, which a logging company, Pinetop Pty Ltd, built in the previous year to enable it to access a pine plantation near the edge of the State Park. The side of the road is built up significantly next to and indeed against the tree creating a large embankment.
That evening, after cooking dinner, Nina and Eve, fall asleep in their tent. That night, there is a major storm with heavy rain and unusually strong winds. Around 2 am, the mountain ash tree falls and lands on the tent and on their legs, causing serious injuries to their legs. Some campers call for an ambulance which gets there using the logging road as the main road into the camp site is flooded. The ambulance reaches the area where Nina and Eve are, and the two ambulance officers climb down the roadside embankment to get to the two women. They carry down a stretcher with retractable wheels which tuck up into the stretcher when not needed. They would normally have used their lighter, basic ‘board’ stretcher without wheels in this situation. However, it is away being repaired at the time. So, they manoeuvre the wheeled stretcher (with wheels tucked up) down the embankment and manage to get Eve onto it and carry her back up the embankment into the ambulance successfully. However, as they are carrying Nina up the embankment to the van, the stretcher’s wheels accidently drop down and get stuck on a large rock. This jars the back of one of the officers, Bob, carrying the stretcher. He is later diagnosed with a damaged back and is off work for three months and eventually needs back surgery.
Nina and Eve have suffered two broken legs each and need extensive skin grafts on their legs to replace the damaged skin and muscle area. Both are off work for nine months and have substantial medical expenses and ongoing psychological trauma.
Advise the various parties of their legal rights and liabilities, including possible remedies, referring to any relevant cases and legislation. (20 Marks)
QUESTION 2
Adam graduated from Western Sydney University with a Master of Professional Accounting and now works as an accountant for an accounting business, Summerton Accountants Pty Ltd. Bianca, who has a successful toy manufacturing business, is in negotiations to possibly buy a competing toy manufacturing business, Play Zone Pty Ltd, that is up for sale, to expand her existing business. She engages Summerton Accountants to assess Play Zone’s financial situation. Adam is handed the project and starts by obtaining copies of Play Zone’s business accounts and financial statements.
After discussing with the head of the firm, he hires Veronica, a land valuer the company sometimes uses, to assess the current market value of Play Zone’s factory land and buildings. Veronica completes her valuation report valuing the property at $310,000. Adam finalises his financial report. However, due to a typing error, Adam’s report states that the property value is $410,000. After getting ‘sign off’ from his supervisor, he sends a copy of his report to Bianca with Veronica’s report attached.
Bianca later buys Play Zone’s business but then discovers the error in Adam’s report. Bianca is very unhappy.
Advise the various parties on their legal rights and liabilities, including possible remedies, referring to any relevant cases and legislation. (10 Marks)
THIS IS THE END OF THE ASSIGNMENT QUESTIONS.
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