LAW 8500 Australian Commercial and Corporations Law
Assignment 1
This assignment deals with critical problem solving skills and comprises 20 % of total marks for this course. This assessment tests course objectives addressing:
• Knowledge of relevant law,
• Application of the law to factual business situations, and
• Use of critical and analytical thinking skills.
Please read the question carefully as well as the marking rubric supplied separately. Make sure you clearly understand the mark allocation for each question and the word limit.
Instruction for assessment tasks
Students should read the discussion of the ILAC method of addressing problem based questions posted to the course activity page. It requires identification of ISSUE(S) as the initial step in addressing problem based questions. Usually problem based questions in law have 2 – 3 key issues in the question. However, this is a general directive only, and students should examine the question and make their own determination about the key issues.
You are applying the ILAC method to address the problem-based question. There is one question divided into three parts. Note the word limit and mark allocation for each part.
Due Date 30th August 2018
Question 1 (20 marks)
Problem scenario
Brisbane Diamond Jewellery entered into a standard service agreement with Transglobal Alarm Monitoring Pty Ltd to provide security and alarm monitoring services for 5 years. From 2013 until 2017, the alarm and monitoring system was working fine and there was no incident of any security nature. On June 2017, the owner of Brisbane Diamond Jewellery went as usual to open his business and noticed that the alarm and monitoring system was not working properly and later found that many pieces of diamond Jewellery were missing and stolen from the shop. Unfortunately, Brisbane Diamond Jewellery had not insured its premises to cover lost property in the event of robbery.
The owner immediately contacted Transglobal Alarm Monitoring Pty Ltd and wrote formally to the manager demanding compensation for the failure of the alarming and monitoring system that resulted in the robbery. The manager replied back and advised that the company is not prepared to pay any compensation relying on the standard alarm agreement signed between the parties and particularly clause 10 that states the following:
10. Transglobal Alarm Monitoring Pty Ltd and its employees will not under any circumstances be liable or responsible for any damage or loss that may be caused as a result of using the alarming and monitoring security system.
The owner of Brisbane Diamond Jellewery wants to take legal action agnist Transgloabl Alarm Monitoring Pty Ltd and you have been appointed to advise him on his chances of success.
Assessment tasks
1. Please identify the legal issue(s) raised in the question and briefly state the law relating to each issue. (5 marks)
(Hint: what is the effect of the exclusion clause? In order to address this matter, it is important to examine if the exclusion clause is part of the contract, and whether it covers breach.)
(Maximum word limit 500)
2. Apply the law specifically to the facts of the question and advise Brisbane Diamond Jellewery on their chances of success in receiving compensation for the losses resulting from the failure of the alarming and monitoring system provided by Transgloabl Alarm Monitoring Pty Ltd. (10 marks)
(Hint: it is important demonstrate how you apply the law to the facts of the question. The law effectively is a tool to fix the legal problem/issue/difficulty. Please think carefully about this aspect of answering a legal problem. It is not enough to take a legal proposition, but you need to explain its relevance, why you are using it and what it will achieve.
(Maximum word limit 1000).
3. Discuss whether the question, particularly in relation to any of the legal issues or factual circumstances raised, created the possibility of alternate arguments. Critically assess one alternate position and briefly explain why this might arise. You only need to address one situation here. If you are of the view there are no situations of that type arising, then explain why you feel that, again by critically assessing your position on this. (5 marks)
(Hint: note, you have to demonstrate critical thinking here, and you should read material posted to the course study desk on this to assist you. Part of the course objectives involve using critical and analytical thinking skills. Sometimes in a law question, there may be facts that suggest more than one possible answer. There is a degree of ambiguity in the facts allowing for different interpretations. This is where critical and analytical thinking skills are important.
(Maximum word limit 500).
LAW 8500 – Australian Commercial and Corporations Law
Assignment 1 template –
Semester 2, 2018
Name:
Student number:
Word count (without footnotes) (maximum allowed 3000):
State any approved extension date and attach the course leader’s approval:
Question 1: …………/5
Question 2: …………/10
Question 3: …………/5
Total marks awarded: /20

MARKING CRITERIA FOR LAW8500 ASSIGNMENT 1 Question 1
Criteria
F C B A HD
Quality of analysis and problem-solving skills: Identifies legal issue/problem No clear identification of legal issues relevant to the question and/or issues identified are not relevant. Identifies at least one legal issue relevant to the question but more detail is required. Identifies most legal issues relevant to the question but lacks clarity. Correctly identifies most legal issues relevant to the question. Correctly identifies all legal issues relevant to the question, with strong articulation of what they mean.
Evaluates relevant legal principles Lack of relevant legal principles or those identified are incorrect
Outlines some relevant legal principles but citation of applicable cases and/or statutory provisions needs more detail. Outlines some relevant legal principles, citing
applicable cases and/or statutory provisions. Outlines all relevant legal principles, citing
applicable cases and/or statutory provisions. Outlines all relevant legal principles, citing
applicable cases and/or statutory provisions, with strong articulation.
Develops logical argument The discussion is
not aligned with the question and fails to tie together legal discussion in a logical and coherent way The discussion is broadly aligned with the question and ties together some legal issues The discussion addresses the question, and ties together some legal issues, although greater clarity required The discussion answers the question and ties together most legal issues well in a logical and coherent manner The discussion answers the question, and logically ties together all of the issues in a logical coherent and well-articulated manner
10 Marks 0-3 4-5 6 7-8 9-10
Quality of research skills:
Research
Little or no evidence of original research
Evidence of some original research Evidence of original research from a number of different sources Evidence of a high level of original research Evidence of a high level of original research which enhances application and analysis
Citation and referencing Many errors and/or little or no attempt made at referencing Mostly accurate – some minor errors Consistently correct with mark in this range determined by overall accuracy and conformance to rules of citation
5 Marks 0 1-2 3 4 5
Quality of communication skills:
Writing style, grammar and spelling
Inappropriate style, tone and/or choice of language or many errors of spelling and/or grammar. Mostly appropriate style, tone and/or choice of language. Spelling and grammar mostly accurate. Appropriate style, tone and/or choice of language. Accurate spelling and grammar. Highly appropriate style, tone and/or choice of language. Spelling and grammar consistently accurate.
Structure – also including brief introduction, body and brief conclusion
Poor structure and/or use of paragraphs or headings Mostly appropriate structure and/or some use of paragraphs or headings to enhance readability Appropriate structure and use of paragraphs or headings
Excellent structure and use of paragraphs or headings
5 Marks 0-1 2-3 4 5

Question 1 (5 marks)

MARKING CRITERIA FOR LAW8500 ASSIGNMENT 1 Question 2
Criteria
F C B A HD
Quality of analysis and problem-solving skills: Applies the legal
issue (s). (This is addressing a process of application and not about use of law) No clear identification of application method Identifies at least one example of correct application of legal principles, but overall more application required with greater detail Identifies most applications of legal issues relevant to the question but lacks clarity in the application method. Correctly applies most legal issues relevant to the question. The application method is sound with good level of detail Correctly applies all legal issues relevant to the question with clarity and detail
Use of law as a tool to fix the problem in question. (This is about the ability to use the law) Lack of relevant use of the law in any coherent way
Makes some attempt to use the law to address the problem but in a shallow way Reasonable standard in use of law. Starting to address the problem fixing applications of the law Strong use of law as a relevant tool. Articulation of the law to facts and addressing problem well advanced Strong application of the law as a tool to fix the problem with clear and concise structure in legal application methodology.
Develops logical conclusion Stated conclusion is
not aligned with the question fails to tie together legal arguments either for or against the application of legal principles. Stated conclusion is broadly aligned with the question and ties together some legal arguments for the application of legal principles. Stated conclusion broadly answers the question, and ties together some legal arguments for and against the application of particular legal principles. Stated conclusion answers the question and ties together most the legal arguments for and against the application of particular legal principles. Stated conclusion answers the question, and logically ties together the legal arguments for and against the application of particular legal principles.
10 Marks 0-3 4-5 6 7-8 9-10
Quality of research skills:
Research
Little or no evidence of original research
Evidence of some original research Evidence of original research from a number of different sources Evidence of a high level of original research Evidence of a high level of original research which enhances application and analysis
Citation and referencing Many errors and/or little or no attempt made at referencing Mostly accurate – some minor errors Consistently correct with mark in this range determined by overall accuracy and conformance to rules of citation
5 Marks 0 1-2 3 4 5
Quality of communication skills:
Writing style, grammar and spelling
Inappropriate style, tone and/or choice of language or many errors of spelling and/or grammar. Mostly appropriate style, tone and/or choice of language. Spelling and grammar mostly accurate. Appropriate style, tone and/or choice of language. Accurate spelling and grammar. Highly appropriate style, tone and/or choice of language. Spelling and grammar consistently accurate.
Structure – also including brief introduction, body and brief conclusion
Poor structure and/or use of paragraphs or headings Mostly appropriate structure and/or some use of paragraphs or headings to enhance readability Appropriate structure and use of paragraphs or headings
Excellent structure and use of paragraphs or headings
5 Marks 0-1 2-3 4 5

Question 2 (10 marks)

MARKING CRITERIA FOR LAW8500 ASSIGNMENT 1 Question 3
Criteria
F C B A HD
Quality of analysis and problem-solving skills: Identifies alternate legal argument or explains why there is no alternate argument No clear identification or alternate argument or non-alternate argument Identifies alternative or non-alternative argument but lacks clarity or detail in developing case for their argument Identifies alternative or non-alternative argument with reasonable arguments, in support Identifies alternative or non-alternative argument. Strong articulation with legal reasons developed Identifies alternative or non-alternative argument. Excellent articulation with legal reasons developed and good citation and sources of law
Critical thinking skills Lack of application of relevant critical thinking skills
Begins to use critical thinking skills but fails to strongly develop it in answer to question Uses critical thinking skills with reasonable application in development of argument Strong use of critical thinking skills, with good application to development of answer. Excellent critical thinking skills with strong application in development of argument
Develops logical conclusion Stated conclusion is
not aligned with the question fails to tie together in line with critical thinking applications Stated conclusion is broadly aligned with the question and ties together some critical thinking applications Stated conclusion broadly answers the question, and uses critical thinking applications to a reasonable standard Stated conclusion answers the question and applies critical thinking applications to a strong standard Stated conclusion answers the question, and logically ties together the legal arguments with excellent application of critical thinking skills
10 Marks 0-3 4-5 6 7-8 9-10
Quality of research skills:
Research
Little or no evidence of original research
Evidence of some original research Evidence of original research from a number of different sources Evidence of a high level of original research Evidence of a high level of original research which enhances application and analysis
Citation and referencing Many errors and/or little or no attempt made at referencing Mostly accurate – some minor errors Consistently correct
5 Marks 0 1-2 3 4 5
Quality of communication skills:
Writing style, grammar and spelling
Inappropriate style, tone and/or choice of language or many errors of spelling and/or grammar. Mostly appropriate style, tone and/or choice of language. Spelling and grammar mostly accurate. Appropriate style, tone and/or choice of language. Accurate spelling and grammar. Highly appropriate style, tone and/or choice of language. Spelling and grammar consistently accurate.
Structure – also including brief introduction, body and brief conclusion
Poor structure and/or use of paragraphs or headings Mostly appropriate structure and/or some use of paragraphs or headings to enhance readability Appropriate structure and use of paragraphs or headings
Excellent structure and use of paragraphs or headings
5 Marks 0-1 2-3 4 5

Question 3 (5 marks)