RECENT ASSIGNMENT

INDIVIDAL ASSIGNMENT
(20% - Maximum 1000 words - Due Date Week 10)
Submit one answer from the tutorial problems discussed each week after each the lecture.
Assessment Criteria
Written
presentation
20
Identify the issues of the problem
20
Explain the relevant law relating to the problem
20
Discuss the potential legal arguments relating to the problem
20
Summarise a balanced conclusion to the issues of the problem 20
TOTAL
100
TOTAL
/20%
Criteria High Distinction
80% - Distinction
70%- 79% Credit
60-69% Pass
50-59% Fail
0-49%
Written
presentation
At all times, the answer was clearly structured, logical, and understandable with references. At all times,
the answer was clearly structured, logical, and understandable. Most of the time,
the answer was clearly structured, logical, and understandable. Some of the time,
the answer was clearly structured, logical, and understandable. At no times was the answer clearly structured, logical, and understandable.
Identify the issues of the problem
All of the issues are clearly and accurately detailed with reference to cases with similar facts. All of the issues are clearly and accurately detailed. All of the issues are clearly and accurately summarised. Some of the issues are clearly and accurately outlined in brief. The issues are not clearly or accurately outlined.
Explain the relevant law relating to the problem All of the relevant law is clearly and accurately detailed, and the Act and related cases are discussed. All of the relevant law is clearly and accurately detailed. Most of the relevant law is clearly and accurately summarised. Some of the relevant law is clearly and accurately outlined in brief. The relevant law is not clearly or accurately outlined.
Discuss the potential legal arguments relating to the problem
All the legal arguments are clearly and accurately detailed, and there is a synthesis with the relevant law.
All the legal arguments are clearly and accurately detailed.
Most of legal arguments are clearly and accurately summarised.
Some of the legal arguments are clearly and accurately outlined in brief.
The legal arguments are not clearly or accurately outlined.
Summarise a balanced conclusion to the issues of the problem A balanced decision is accurately detailed with reference to alternative outcomes. A balanced decision is accurately detailed. A balanced decision is accurately summarised in summary format. A balanced decision is accurately outlined in brief. A balanced decision is not discussed.
David and Cathy intend purchasing a restaurant business from a local entrepreneur. They wish to ensure that he cannot set up a competing restaurant or café in the area within 12 months after the purchase or they believe that the investment will not be viable.
Advise David and Cathy as to how far they can go with respect to restraining the vendor’s freedom of trade.
What if they go too far?
Questions to consider in answering Question 8.7:
• What area of law is the question concerned with?
• Is a contract in restraint of trade valid or void?
• If a contract in restraint of trade is prima facie void, what does this mean?
• How can David and Cathy protect themselves then? What factors determine whether a restraint is reasonable?
• What is the effect on David and Cathy if the clause they insert is not reasonable?
• See Nordenfelt v Maxim Nordenfelt Guns and Ammunition