CURTIN COLLEGE

BUSINESS LAW 1100
ASSIGNMENT TWO (30%)

Part A - Four step process

The case study which students are required to resolve using the four step process is set out below. Students are required to apply the relevant legal concepts and principles to analyse and solve the legal issues arising in the case study by explaining and applying their knowledge of the legal principles and rules arising in Australian legal system: topic four to five inclusive.

Please note also that the information contained in the course materials (the Source Book, computer based tutorials and seminar materials) are sufficient when completing your assignment. It is not necessary to research beyond these materials for the purpose of completing assignments.

NOTE:
? The fact scenario used in this assignment is fictitious.

? Students are to focus on answering the questions in Part A with reference to the relevant issues raised by the question as they arise from topics 4 and 5. Students do not need to (and should not) undertake any additional research. The level of detail and information contained in the course materials is sufficient to answer the assignment.

Note the four step process requires students to refer to case law or legislation as authority for the rules of law explained in step two. Where appropriate you will need to refer to any applicable legislation or case authorities contained in the materials for topics 4 and 5.

Marking rubric

The case study is made up of two (2) questions (1) and (2). Each is worth ten (10) marks. A further five (5) marks are allocated to how well the student has followed the four step process.

In relation to the marks allocated for the overall use of the four step process and structure of the answer, regard will be had to not just whether the answer is “set out” in the four steps. Consideration will be given to the clarity of the explanation of the law with regard to applicable authority where relevant. Students will be rewarded here for a detailed application of the facts to the law explained. For example, a very good use of the four step process would be the application of the facts specifically to every principle of law explained.

Consideration will also be given to the logical presentation, coherency and consistency of the explanation of the law, application of facts and subsequent conclusion. Consequently this will include a consideration of matters such as presentation, formatting, expression, sentence structure, grammar and the like.

As a general guide, a student who has used the four step process correctly for each question (has identified the relevant principle(s) of law, explained the rule(s), applied the facts and come to a logical conclusion), but the explanation of the law or application of the facts is not as detailed as it could be, or the conclusion is not a logical progression of what has gone before, would be awarded a pass mark for this part of the assignment (2.5 - 5 marks).

Part B - Short answer question

One short answer question, worth 5 marks. This question will not necessarily relate to the case study. Part B will examine topic 3 and is set out below.

Referencing and appropriate acknowledgement of sources

Most often errors in referencing are incidental or clearly inadvertent. In the event of a level one incident of plagiarism occurring, a student may be contacted by the University and required to undertake further training or remedial work in relation to referencing. Where the lack of correct referencing appears to contravene the University policy on plagiarism, the student’s paper will be referred to the Unit Coordinator and dealt with according to University policy. This may amount to academic misconduct.

An important aspect of the University Plagiarism Policy is recognition that not all plagiarism is intentional or involves cheating. If students are not learning as expected, they will be made aware of their difficulties and helped to improve. Those who deliberately choose to cheat by way of plagiarism, however, will be identified and dealt with accordingly.

Students are strongly advised to understand their responsibilities in relation to correct referencing and should use Chicago Referencing.

Format of assignments

Assignments cannot be handwritten and must comply with the following format requirements. Those assignments, which do not conform to these requirements without prior agreement of the unit coordinator, will either be returned to the student unmarked or will have marks deducted:
? Document type: Word or pdf (word preferred)
? Font: Arial or similar font - no smaller than 12 point in size
? Pages: Numbered in top or bottom margin
? Spacing: Appropriate line spacing and paragraph spacing
? Margins: At least 2.5 cm top, left, right & bottom

Presentation

? Cover sheet (located on Moodle under Week 6 folder) must be attached to the assignment
? Introduction to answers, content of body and concluding comments
? Appropriate sentence structure
? Correct grammar, spelling and punctuation
? Paragraph size and breaks appropriate
? Consistent format
? Appropriate use of headings and sub-headings
? Within acceptable word limit
? Appropriate referencing and acknowledgment of sources
Word Limit

The total assignment (meaning Part A and Part B) should be a minimum of 1,000 words and not exceed 3,500 words.

Please provide a word count on your cover sheet. A penalty of 10% will be imposed on assignments that exceed the word limit. Markers have discretion as to whether to apply the penalty for an additional 100 words, provided the discussion remains relevant. The assignment will not be assessed if it exceeds 3,500 words and will result in a ZERO mark.

The word count does not include the following:
? cover sheet
? in-text referencing
? referencing list
? headings

Submission
Please read the submission process carefully. Students should understand that compliance with instructions in relation to an assessment task is critical. Students MUST be aware that non-compliance with submission instructions can result in a mark of ZERO.

All assignments must be submitted by 4PM (Western Standard Time (WST)) on the Thursday of the week the assignment is due, i.e. Assignment two is due Thursday, 2nd January 2014 by 4PM (WST).

Students are required to submit their assignment to Turnitin (plagiarism detection programme) and attach the report the assignment and then upload it to Moodle for marking.

Feedback on assignments

You should contact your lecturer in the first instance if you need help understanding the course material or issues arising in the assignment.

Unfortunately it is just not possible for your lecturer to review draft assignments for comment before submission (in effect double marking). If you have questions relating to your writing style (grammar etc) we suggest that you make use of the resources available at the Curtin College.

Lecturers will mark and return assignments within two weeks of their submission. Students will be provided with comments on what a student had done well and suggestions for improvement in the future. This will include specific feedback on the use of the four step process.

Assessment submitted early will not be marked before the due date.

Please refer to the Unit Outline for the full procedure in relation to penalties for late submission and requests for an extension.

PART A – Four step process (25 marks)

Delicious Hamburgers is a chain of restaurants in Australia selling all types of burgers. In order to boost the sales of the chain, it advertised on radio, TV and in newspapers that it was running a promotion whereby a token would be stuck to the inside bottom of the Double Beef Burger box and if 25 coupons were collected they could be redeemed for a scratch ticket. Further details explained as:

“Scratch a ticket with a gold car, present it to the Delicious Hamburgers head office and win the grand prize of a Mazda CX-7. Hurry, as it is only available for a limited time.”

George Macrides was very excited and was waiting for the doors of his favourite Delicious Hamburgers Restaurant to open the next day. He ordered 25 Double Beef Burger boxes and after a marathon eating session redeemed the coupons for a scratch ticket. He then collapsed and had to be taken to hospital to have his stomach pumped.

Obviously, not every customer had an interest in returning to Delicious Hamburgers and buying a Double Beef Burger just for the chance to win a prize and as a consequence many boxes were thrown away with the token inside. Kyle Bos scavenged through the bins of his local Delicious Hamburgers restaurant and pulled the tokens out of the discarded boxes. Within a short time he amassed 50 coupons. He then went inside the restaurant to redeem the coupons for two scratch tickets and was astounded to scratch two gold cars. Kyle then drove straight to Delicious Hamburgers head office, where he showed the receptionist the winning tickets. While he was waiting in the front room as directed by the receptionist, another Delicious Hamburgers worker appeared and posted the following notice on the front door of the office, which Kyle strolled over and read:

“Due to a printers’ error, faulty scratch tickets were included in the Chicken dinner promotion. Delicious Hamburgers regrets to advise that these tickets are null and void and as a consequence it will not be honouring any prize claimed. Delicious Hamburgers apologies for any inconvenience and expects to announce an exciting new prize competition soon.”

While George was in hospital Delicious Hamburgers announced on radio, TV and in newspapers that it had discovered that there had been a printer’s error in its scratch tickets and that instead of only one winning scratch ticket in the promotion for a Mazda CX-7, every one in five scratch tickets were winning tickets for Mazda CX-7’s. Delicious Hamburgers was therefore immediately declaring their promotion to be null and void and would not be honouring any prize claims. While George did not see or hear these reports, several nurses at the hospital did. He overheard them casually talking about Delicious Hamburgers difficulties and the cancellation of the promotion while they were doing their work.

George scrambled for the ticket in his pants pocket, scratched it and found a gold car. Figuring that he had heard nothing official from Delicious Hamburgers, he discharged himself and headed for the Delicious Hamburgers head office with hopes of redeeming it for a Mazda CX-7. When he arrived there was a crowd of angry people standing around the notice on the front door, obscuring it. He therefore did not read it, and instead strode up to the receptionist and presented his ticket.
It transpires that even Kyle was preceded by another customer, whose claim Delicious Hamburgers had decided to honour since it had already bought the single Mazda CX-7 that it had intended to give away as the grand prize.

Question (1) 10 Marks

Assume that the elements of intention and consideration required for the formation of a contract exist. Using the four-step process, discuss whether the element of agreement required for the formation of a contract can be established. Are Delicious Hamburgers obliged to provide Kyle and George each with a Mazda CX-7?

Delicious Hamburgers saw an internet advertisement by Extreme Printers stating that they are the ‘best printers in the country’ and before delivery Extreme Printers ‘ensures that they would exercise reasonable care in proof- reading all materials’.

Delicious Hamburgers phoned Extreme Printers for an appointment to negotiate a contract to print all the promotional materials for the next three years. Whilst they were negotiating Delicious Hamburgers made it very clear that it is a term of the contract ‘that all reasonable care must be taken to ensure that all materials delivered are without errors’. Extreme Printers gave the assurance ‘that all materials would be proof-read before delivery’ in front of the lawyers involved in the contract.

Delicious Hamburgers entered into a three year contract with Extreme Printers to print all promotional materials of Delicious Hamburgers. Therefore, Extreme Printers was entrusted to print the relevant scratch tickets for the promotion. The clause included in the contract is as follows:

“Extreme Printers accepts no responsibility for any loss or damage whatsoever caused by errors in printing, resulting from defective typesetting work by the printer or any of its employees.”

It was discovered that instead of only one ticket being printed with a gold car, every one in five tickets revealed a gold car. This error transpired due to the fact that an employee of Extreme Printers allowed a vacation student to experiment with the printing machine. As such was not detected because Extreme Printers had not conducted proof-reading on Delicious Hamburgers scratch tickets due to cutbacks to increase profits.

The printing error by Extreme Printers has caused Delicious Hamburgers being engaged in drawn-out lawsuits from numerous customers demanding a Mazda CX-7, as they have scratched a gold car. Under these circumstances Delicious Hamburgers wants to terminate its contract with Extreme Printers and once the extent of the losses becomes apparent will sue Extreme Printers for damages.

Question (2) 10 marks

Using the four-step process, discuss what terms are expressly agreed in relation to the contract. In your answer be sure to discuss whether Extreme Printers can rely on the exclusion clause in the contract. You will also need to determine the status of any relevant terms, including whether they are a warranty or a condition. Students are reminded that they have been instructed to confine their answers for this assignment to topics four and five and NOT to consider the law in relation to performance, breach of contract or remedies.

PART B – Short answer question (5 marks)

Explain how to determine if a judge from a lower court has to follow the decision made by a judge in a higher court in Australia.

In this question the marker will be looking for more than just “yes” or “no” answers.