BSL165 Foundations of Business Law
Semester 2, 2017 Assignment
This assignment is worth 20 marks. It must not exceed 1500 words (including footnotes). The assignment is due by 12pm (WST) on Monday 25 September. Internal students must submit their assignments in BOTH electronic (via the assignment ‘drop box’ on LMS) and in paper form. Paper copies should be placed in the appropriate Law (NOT Business & Governance) Assignment Box (the Law assignment boxes can be found in the ECL building near room 460.2.006)
In answering the assignment you must use a 12 size font, double spacing and default Microsoft Word margins. The mark for your assignment will be determined by reference to the quality of its analysis, its clarity and organisation, and its presentation, including its freedom from distracting stylistic errors (grammatical, spelling, punctuation and typographical). Where appropriate, references should be made to statute, cases, texts and other commentary. In answering the questions, I recommend you use the IRAC approach (see the Unit Information and Learning Guide). For more general guidance on answering law problem questions like those in the assignment, see CACL pp xli – xlv.
Late assignments will have 2 marks deducted per day or part thereof. Extensions for the assignment will be granted only in exceptional circumstances. If something exceptional arises that you believe requires an extension you should contact me (preferably by e-mail) before the due date. Reasons which are insufficient to warrant an extension include computer failures, car failures or other transportation difficulties, work conflicts and other study commitments
If you do not know your tutor’s name, please give your tutorial day and time when submitting the assignment.
Referencing your assignment
You can use either AGLC 3, Chicago or APA referencing in your assignment. If you use Chicago or APA referencing please note the below advice on how to cite cases and legislation.
Cases decided by courts and tribunals have a name, a year of decision, report title, report volume, and report page number. All of these details should be included in the first citation of the case. E.g. Stevens v Brodribb Sawmilling (1986) 95 CLR 523. After that the case can be referred by name only. Where you have found out the details of the case from a summary or other source and not from the case report itself, your sentence should conclude with that source. E.g. In Stevens v Brodribb……(van der Waarden 2010, p18). Note, this example is appropriate for Chicago style referencing; the end of sentence reference will be denoted differently depending on the reference style.
Legislation should be named with the year of parliamentary approval and jurisdiction listed as part of its name. E.g. Fair Work Act 2009 (Cth). Cth is an abbreviation for Commonwealth. WA is the abbreviation used for Western Australia. If you are referring to a particular section of an Act, you should name the act first and then add the section. E.g. Fair Work Act 2009 (Cth) s. 117.
Once you have cited cases and legislation appropriately in the text of your paper, you should NOT list them again in your list of references. Nb. Reference lists include books, articles, internet documents, etc.
See the Library guides at http://library.murdoch.edu.au/Students/Referencing for further information on Chicago or APA style referencing. You can find information on AGLC 3 referencing at http://www.law.unimelb.edu.au/mulr/submissions/quick-aglc
Q1 Ricardo is the senior curator and ground manager at Noora Norra Golf Club Resort, a luxury facility in WA owned by Gabba Pty Ltd. Noora Noora has been under financial pressure since the Global Financial Crisis affected the flow of Japanese tourists. The CEO cut budgets and informed Ricardo that he could not enter into any contracts valued at over $10,000. Despite this instruction he proceeded to negotiate a landscaping contract with Willow Landscaping that was valued at $13,000. An associated water feature cost an extra $4000. When work commenced the CEO asked Ricardo what was happening. Ricardo informed him of the landscaping project but did not mention the water feature. After considering the circumstances, the CEO tells Willow to proceed. However, the CEO is surprised to receive the bill for $17,000 when the work is completed. Advise the CEO whether the company is required to pay the bill. (You can assume that the CEO has actual authority to enter into contracts of this nature on behalf of the company)(15 marks)
Q2 Jeremy is an estate agent in the Perth inner city area. He is selling high-rise units “off the plan” for Aspirational Developments Pty Ltd. He has friends who work for other developers and becomes aware that a competing high-rise that is also selling “off the plan” has run into difficulties and is unlikely to go ahead. The result is that the units he is selling are likely to be more valuable than previously thought. Being an opportunist, Jeremy assists a friend to arrange finance so she can buy three of the units with a view to selling later at a profit that they will split 50–50. Furthermore, in return for a small payment, he informs several people who have expressed an interest in purchasing a unit of the news. Aspirational Developments learns of Jeremy’s conduct and seeks your advice on whether Jeremy has breached any duty owed to it. (5 marks)
(Source of questions: CACL Teacher’s Manual).