WebMail 
ASSESSMENT TASK 1: DESCRIPTION
ASSESSMENT TASK 1: DESCRIPTION
|
The assignment will require students to analyse a practical problem based on a contractual scenario and provide a reasoned solution and advice. The problem is designed to test your understanding of basic contractual provisions and of how they apply in a commercial setting – including your ability to apply the doctrine of precedent and, where applicable, the role and function of the courts in resolving commercial disputes. |
ASSESSMENT TASK 1: DESCRIPTION
The assignment will require students to analyse a practical problem based on a contractual scenario and provide a reasoned solution and advice. The problem is designed to test your understanding of basic contractual provisions and of how they apply in a commercial setting – including your ability to apply the doctrine of precedent and, where applicable, the role and function of the courts in resolving commercial disputes.
ASSESSMENT TASK 1: CRITERIA SHEET
Regard shall be had to the following criteria in assessing the on-course assignment:
- Demonstrated familiarity with the relevant law;
- Evaluation of arguments/critical analysis of the relevant law;
- Development of argument;
- Structure and organisation;
- Originality;
- Appropriate acknowledgement of other people’s ideas in published works by referencing;
- Quality of expression; and
- Presentation, including bibliography, referencing, spelling, grammar, and punctuation.
CO5119 Criteria for Marking – Written Assignments
| CRITERIA/WEIGHTING | CREDIT | DISTINCTION | HIGH DISTINCTION |
| Evidence of knowledge of the relevant law and/or literature40% | Reasonable knowledge of the relevant law and/or literature.
|
In-depth knowledge of the relevant law and/or literature.
|
Demonstrates comprehensive/detailed knowledge of the law and/or literature. |
| Application of the law to a factual scenario, including using case authority to support legal argument40% | Has identified some/most of the legal issues and has applied the relevant law to the issues in an attempt to predict legal outcomes. Legal authority used to support legal argument.
|
Has identified most/all of the legal issues and appropriately applied the relevant law to the issues to predict legal outcomes. Legal authority consistently used to support legal argument. | Has clearly identified all legal issues and, by sophisticated use of legal reasoning, appropriately applied the relevant law to the issues to predict legal outcomes. Legal authority consistently used to support legal argument. |
| Organisation and structure10% | Shows organisation and coherence.
|
Carefully and logically organised.
|
Carefully and logically organised; shows sophisticated attention to purpose. |
| Written expression – quality and form10% | High standard of conventional English; grammar, spelling and referencing mainly accurate. | Very high standard of conventional English; grammar, spelling and referencing accurate.
|
Sophisticated use of English employing an academic style; grammar, spelling and referencing accurate. |
CO5119 Business Law
Study Period 1 – 2016
Assignment 1
The requirement is the assignment should have all the given 5 questions to be answered in 1500 words. And the questions with 5 marks should have more length than to the question with lesser marks.
Instructions to Students
This assignment carries 20% of the marks for this subject.
The word limit is 1,500 words and the front cover of your assignment should note the total word count used. Words in excess of the permitted 1,500 will not be read or marked.
This assignment is intended to provide you with the opportunity to consider a range of legal issues that can arise in contract in the course of carrying on a business and to develop your ability to research and analyse problems from the perspective of those legal issues. You are expected to think through the issues thoroughly, consider both parties’ rights and liabilities and provide a reasoned solution to the problems posed by the facts. In particular, you will need to ensure that you cover each of the specific matters that are set out in the question.
Students may work collaboratively in considering the problems (and are strongly encouraged to do so) but individual essays are to be submitted by each student – and they are to be your own work. (Students should read and are expected to comply with the university’s policy on plagiarism, both generally and in relation to collaborative work submitted individually).
Students must only submit an electronic copy through Safe Assignment (on LearnJCU). Ensure that your name and student identification number clearly appear on the cover sheet.
The Question
Greg is considering a career change. Greg works as an accountant in the city. Greg’s uncle John owns a cattle property in Western Queensland. Greg contacts his uncle John by telephone to seek advice regarding how Greg could become a grazier. Greg tells his uncle no longer wishes to be an accountant. John suggests to Greg that he should lease a paddock at $10,000 per year from John and buy 20 cows from John. Greg thanks his uncle and says that he will think about what was said. The next day John posts a letter to his nephew stating:
“Great to speak with you by telephone yesterday. It’s good to hear that you want to get into the cattle business. Let me know if you would like to lease my paddock for $10,000 a year and purchase the 20 cows for $400 each. That is much less than they are worth but I really want to do the right thing and help you. Please write back asap.”
Greg is very excited to read the letter. He writes back as soon as he receives the letter stating:
“Thanks John. Here is a cheque for the $8,000 for the cows and I will get you the money for the paddock. Look forward to seeing you soon.”
Before Greg’s letter arrives John is offered $800 per cow by a local grazier. John thinks that Greg has lost interest because he has not yet received Greg’s letter. Greg’s letter arrives after John has sold the cows to his neighbour (the letter from Greg took 10 days to reach John).
- Greg discovers that his uncle has sold the cattle. Greg is very upset. Greg telephones his uncle and says that “we had an agreement”. John responds saying “we are family and I was just helping you out.”
Explain whether the uncle/nephew relationship has any effect on whether or not there is a binding agreement. (5 marks)
- On the same telephone call John also says to Greg that “Don’t blame me. We never had a written contract. Good luck trying to hold me to this. There is no written contract.”
John believes that all contracts must be written on a document titled “contract” and signed. Is this correct? Explain why/why not? (3 marks)
- On the same telephone call John says that “You can’t hold me to this. I was only offering the cows to you at “mates rates”.
Does the fact that the cows were being sold well below market value make the agreement unenforceable? Explain why/why not? (2 marks)
- John tells Greg on the same telephone call “I never got your letter. You were too late. I already sold the cows so there is nothing you can do.” Was Greg too late to accept John’s offer? Why/why not? (5 marks)
- Greg says “We had an agreement. Even if it’s not enforceable you made a promise to me and I have quit my job. You knew I was relying on you.”
If there was in fact no contract, what equitable doctrine could be considered in relation to enforcing a promise? Describe this doctrine. (5 marks)
[Total: 20 marks]
******
Is this the question you were looking for? If so, place your order here to get started!
