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Posted: June 12th, 2019

LAW110 – Business Law

Answer:

Question 1:

Issue:
What are Magnolia’s rights and liabilities arising from the facts presented, with respect to the advice given by Laura and the loan she took from Usurer’s Credit?

Law:
Negligent misstatement occurs when a party owes a duty of care to another and breaches that duty of care by making a statement that is incorrect or misleading, causing damage to the other party. In Australia, the concept of negligent misstatement was established in the landmark case of Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465. The case established that a duty of care could arise when one party relied on information provided by another party, which resulted in financial loss.

Application:
In this case, Magnolia relied on Laura’s advice and acted on it by borrowing $69,000 from Usurer’s Credit, signing a five-year lease, buying seven additional thermomixers, and hiring Tracey’s Designs & Graphics. However, Laura had not adequately factored in her pre-existing debts, had underestimated the significant establishment costs associated with setting up a business in Bleak-heath, and also consulted her tarot cards on the matter, which is not a reasonable basis for financial advice. Thus, Laura has breached her duty of care owed to Magnolia, as her advice was misleading and incorrect. This is a clear case of negligent misstatement. Therefore, Magnolia has a right to sue Laura for the financial loss she has suffered as a result of Laura’s advice.

However, with respect to the loan, Magnolia has a liability to pay Usurer’s Credit back the loan amount of $69,000 as per the terms of the loan agreement. Failure to pay back the loan may result in legal action being taken against Magnolia by Usurer’s Credit to recover the outstanding amount.

Conclusion:
Magnolia has a right to sue Laura for negligent misstatement and claim compensation for the financial loss suffered as a result of acting on Laura’s advice. Magnolia has a liability to pay back the loan amount of $69,000 to Usurer’s Credit.

Question 2:

Issue:
What are Donald Frump’s contractual liabilities and rights arising from the facts presented?

Law:
A contract is formed when there is an offer, acceptance, consideration, and an intention to create legal relations between the parties. An offer can be revoked before acceptance, but once accepted, a binding contract is formed. Consideration is something of value that is given in exchange for something else. A breach of contract occurs when one party fails to perform its obligations under the contract, causing loss or damage to the other party.

Application:
In the first scenario, Margarita made an offer to sell 200 kgs of Wagyu beef to Donald for $3500, and the offer was to be kept open for 24 hours. However, Margarita accepted a better offer from Carlos within the 24-hour period. Therefore, there was no binding contract between Margarita and Donald, and Donald has no right to sue Margarita for breach of contract.

In the second scenario, Jeff, the sales manager of Mario’s Trucks and Motors Pty Ltd, agreed to provide the first service free of charge after Donald agreed to purchase a Pantech 2018 for $60,000. Jeff’s agreement to provide the first service free of charge is a collateral contract, which is a separate agreement made alongside the main contract. Therefore, Jeff is contractually bound to provide the first service free of charge, and Donald has a right to sue Jeff for breach of contract if he fails to do so.

In the third scenario, Nacho shook hands with Donald and told him they had a deal, and Donald took a bank loan to finance the remodelling. However, Donald did not receive

___________________________________
LAW110 – Business Law
Table of Contents
Subject Summary …………………………………………………………………………………………………….2
Subject Coordinator …………………………………………………………………………………………………2
Subject Coordinator……………………………………………………………………………………..2
Email …………………………………………………………………………………………………………..2
Phone………………………………………………………………………………………………………….2
Consultation procedures ………………………………………………………………………………2
Subject Overview……………………………………………………………………………………………………..2
Abstract……………………………………………………………………………………………………….3
Learning outcomes……………………………………………………………………………………….3
Subject content ……………………………………………………………………………………………3
Key subjects…………………………………………………………………………………………………6
Subject Schedule & Delivery ……………………………………………………………………………………..6
Prescribed text……………………………………………………………………………………………..6
Class/tutorial times and location …………………………………………………………………..6
Schedule……………………………………………………………………………………………………..6
Learning materials………………………………………………………………………………………10
Learning, teaching and support strategies ……………………………………………………10
Recommended student time commitment …………………………………………………..14
Assessment Items …………………………………………………………………………………………………..14
Essential requirements to pass this subject…………………………………………………..14
Items …………………………………………………………………………………………………………14
Multiple Choice Quiz ……………………………………………………………………….15
Problem Solving Questions ……………………………………………………………..17
Final Exam ……………………………………………………………………………………..26
Assessment Information …………………………………………………………………………………………31
Academic integrity ……………………………………………………………………………………..31
Referencing………………………………………………………………………………………………..31
How to submit your assessment items …………………………………………………………31
Online submission process………………………………………………………………31
Postal submission process ………………………………………………………………32
Hand delivered submission process …………………………………………………32
Alternative submission process ……………………………………………………….32
Extensions………………………………………………………………………………………………….32
How to apply for special consideration…………………………………………………………33
Penalties for late submission……………………………………………………………………….33
Resubmission …………………………………………………………………………………………….33
Feedback processes ……………………………………………………………………………………34
Assessment return………………………………………………………………………………………34
Student Feedback & Learning Analytics ……………………………………………………………………34
Evaluation of subjects …………………………………………………………………………………34
Changes and actions based on student feedback ………………………………………….34
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Learning analytics ………………………………………………………………………………………34
Services & Support …………………………………………………………………………………………………35
Develop your study skills …………………………………………………………………………….35
Library Services ………………………………………………………………………………………….35
CSU Policies & Regulations………………………………………………………………………………………35
Subject Outline as a reference document……………………………………………………..35
Subject Summary
LAW110 – Business Law
Session 1 2019
Faculty of Business, Justice and Behavioural Sciences
School of Accounting and Finance
Internal Mode
Credit Points 8
Welcome to a new session of study at Charles Sturt University. Please refer to the University’s
Acknowledgement of Country (http://student.csu.edu.au/study/acknowledgement-ofcountry).
Subject Coordinator
Subject Coordinator Mr Shibly Abdullah
Email SAbdullah@studygroup.com
Phone 02 9291 9355
Consultation procedures
Lecturer Konrad Bohleke
Email KBohleke@studygroup.com
The best way to contact me is via email if you have any questions concerning the contents and
teaching of this subject. However, you should consider if your question is already addressed
elsewhere (e.g. Subject outline, Announcements and iLearn within Interact2 site) and if you
are contacting the most appropriate person.
Email Etiquette: In order to receive responses to your email on time ensure that you address
the issue meeting the basic requirements of professional communication. You should
include your ID number, full name, subject code and type of query in the header/subject to
enable me to read and identify who has sent the email. This will also avoid your email being
treated as SPAM.
Subject Overview
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Abstract
This subject examines key Australian legal concepts and principles directly relevant to
business operations and their legal underpinnings. It explores the structure of the Australian
legal system, sources of law, principles of statutory interpretation, the court system and the
doctrine of precedent. It then examines the law of negligence and substantive areas of
contract and property law.
Learning outcomes
Upon successful completion of this subject, students should:
• be able to describe the Australian legal system, including its history, development, and
the current the-oretical frameworks within which it and its institutions operate;
• be able to compare and contrast the Australian legal system with other legal systems;
• be able to synthesise knowledge of the doctrine of precedent with knowledge of the
hierarchy of the courts – at a state and federal level – to explain which court has
jurisdiction in a particular matter;
• be able to investigate the different sources of Australian law in order to contrast these
sources and explain their significance and interrelationships when applying them to
legal problems;
• be able to independently apply rules of statutory interpretation, including Latin
maxims, common law approaches and the legislative provisions that apply at a state
and federal level;
• be able to demonstrate knowledge of tort, contract, and property law by identifying
the relevant issue(s) arising out of novel factual situations, stating the relevant legal
principles, and explaining how these relate to the legal issue(s), in addition to
suggesting potential remedies when providing a conclusion;
• be able to compare different methods of dispute resolution and evaluate their
effectiveness.
Subject content
Students are expected to spend a total of 140-160 hours engaged in the learning and teaching
activities.This means an average of 10 to 12 hours each week. The modules for the subject are
available through the subject’s Interact2 site. These have been specifically designed to guide
you through the sections of the prescribed textbook and readings relevant to each topic. I
suggest that for each topic you read the learning objectives carefully, read the overview and the
prescribed pages of the textbook. Please be advised that Firefox is CSU’s preferred browser for
accessing Interact2.
In this subject there are lots of opportunities for you to engage with me and your peers. Forum
discussions, online learning activities and meetings will be scheduled throughout the session.
The first On-line meeting will be held on Week three. The second On-line meeting will be held
before the second assessable task is due, that is, 26 April 2018. Our last On-line meeting will
take place on Week 11. I will now share with you more about the subject and how you are
expected to engage with its content.
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Version 1 – Published 11 February 2019
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How I structured the subject
I begin the delivery of my subject by showing you the relevance of the subject to your future
careers. I decided that to hear it from me, your lecturer who is also a lawyer, was not sufficient.
You needed to hear it from someone that already walked in your shoes, such as a non-legal
practitioner that took this subject a few years ago, and who is now able to use the knowledge
he acquired in his practice as a registered accountant. This is why you find in the modules the
voice of a professional who explains toyou why studying law is important.
Introducing you to the learning methodology that will allow you to succeed in a legal subject
was next.This included an introduction to the ILAC model, and the use of legal research tools
such as AustLII. ILAC stands for and consists of four elements; Issue (identifying the legal issue),
Law (state the relevant law – cases and legislation), Application of the law to the facts, and
Conclusion. This method of legal analysis allows you to organise your thinking and writing
and allows you to address each issue identified before drawing a final overall conclusion. ILAC
also becomes the scaffolded structure on which the subject content, activities and assignments
are built, and this structure serves to reinforce the methodology (see Getting started; how to
succeed in a legal subject: Legal Research and ILACmethod. The module also teaches you the
different pathways to prepare for each assessment task, see Preparation for assessments and
exams, module one).
After giving you the tools and methodology, I then make the content applicable, relevant and
meaningful by including the voice of a practicing professional. In this case, Nathan Pearce, who
is a successful accountant in one of our local firms. Nathan discusses the ways in which he was
able to apply the knowledge and insights gained from each topic from the subject, and how
this relates to his professional practice. This strategy should appeal to those of you who are
goal-oriented learners, and who don’t want to be lawyers, but wish to succeed in their different
respective careers. Visual and auditory learners will also enjoy this activity. The videos Business
Law in Action will introduce you to each module. These are followed by a scenario in which
you are given the opportunity to apply the concepts and legal principles learnt using the ILAC
model. The forum discussions will then be carefully structured to allow you to practice the ILAC
method of writing. I will actively provide feedback and guidance. This activity will teach you to
elaborate complex arguments, and you will realise that in law there is no right or wrong answer;
that is, your prospects of success depend on how well you substantiate your arguments by
using the relevant law (see the Business law in action sections, you will find a scenario per each
module). I have also designed some revision quizzes for you to complete at the end of each
topic. Feedback on the correct answers will be offered once you have completed the quizzes.
This activity will assess yourunderstanding of the topics covered, and it will also prepare you
for the first assessment item.
LAW110 teaches different causes of actions, hence its modules were designed so that each
one of them discusses one cause of action at a time. The final product is a flowchart that
includes the elements of each cause of action, and the law required to succeed in proving
them. The flowcharts recapitulate the content learnt, and also illustrate, via visual learning,
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how each topic is interrelated.The flowcharts are also explained via screencast technology.
The combination of these tools avoids one of the biggest problems associated with modular
teaching, that is, completion of a theme often means that you do not revisit prior learning. At
the end of each module you will know how each part of the puzzle fits together (see topic 2
Sources of law and interpretation of statutes).
Rather than making the assumption that you have strong academic skills, forum activities
and tasks have been designed to facilitate your successful submission of the assessable
components (assignments). You will learn to read marking rubrics and effectively respond to
feedback. The former are skills that will strongly benefit your academic life. Another key aspect
of this scaffolded structure of learning is the self-evaluation and critical thinking activity. To
facilitate your understanding of how the rubric is used to effectively mark your assessments,
I prepared a Law Assignment Grading Activity. This activity, reinforced by the ILAC method,
will clearly outline the expectations and standards that I have as a lecturer. It will also assist
you to successfully prepare for your second assignment. I will remind you of the importance
of substantiating your arguments, thinking critically, and structuring your paragraphs in a way
that your academic writing is cohesive, and your arguments
cogent. You will learn business academic skills by doing the task, rather than by simply reading
about it (see Practice and feedback activities and Law Assignment Grading Activity in module
one Getting
started). Other resources include lecture notes, PowerPoints, and model answers. All of them
are fully aligned with the modules and the assessment tasks.
With respect to your assessment tasks, I have created a folder on Interact with all the
information that you require for each assessable task. The introductory module for the subject
will provide you with specific guidelines on how to prepare for each task. It is important that
you use this resource as it will help you to become well acquaintted with LAW110, its
methodology, learning activities and assessments. I suggest that for each topic you read the
learning objectives carefully, read the overview, have a quick skim of the text, read the lecture
notes and then watch the videos prepared per each module. Once you have got a feel for
what the topic is about you should attempt the revision quizzes. Then you should proceed
to answer the exercises at the end of each topic using the forum. Your participation on these
online activities, in conjunction with your assessments will allow me to monitor your level of
engagement. If I identify that there is a lack of engagement with the subject, I will be contacting
you via email.
Your workload in this subject
Each week you should spend between 10 and 12 hours studying the subject. Obviously some
weeks may require more time than others depending on how you work.
Areas covered
The subject covers the following areas
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The Australian Legal System and The Interpretation of Statutes
Torts
Contracts, and
Property Law
Key subjects
Passing a key subject is one of the indicators of satisfactory academic progress through your
course. You must pass the key subjects in your course at no more than two attempts. The first
time you fail a key subject you will be at risk of exclusion; if you fail a second time you will be
excluded from the course.
The Academic Progress Policy (https://policy.csu.edu.au/view.current.php?id=00250) sets out
the requirements and procedures for satisfactory academic progress, for the exclusion of
students who fail to progress satisfactorily and for the termination of enrolment for students
who fail to complete in the maximum allowed time.
Subject Schedule & Delivery
Prescribed text
The textbooks required for each of your enrolled subjects can also be found via the Student
Portal Textbooks (http://student.csu.edu.au/study/study-essentials/textbooks) page.
Andy Gibson, Business Law (Pearson Australia, Custom Edition, 2018).
Note – Please purchase a hardcopy version of the textbook rather than an electronic one. The
final exam is open book and only hard copies are allowed.
Class/tutorial times and location
Your class times can be found at Timetable @ CSU (http://timetable.csu.edu.au/). Find out
how to use Timetable @ CSU via the Student Portal Class Timetable
(http://student.csu.edu.au/study/study-essentials/timetable) page.
Schedule
Week Week
Starting
Topic Module (as
displayed in i2)
Readings Activity
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1
4 March
The Australian
Legal System
The Australian
Legal System
Read the Subject
Outline
Read the resource
‘Surviving a legal
subject’
Part 1 of your
textbook –The
Australian Legal
System
Lecture notes and
module content
(Topic 1)
Complete
revision
quizzes and
online
exercises using
the forum
2
11
March
Sources of
Law and
Interpretation
of Statutes
The Australian
Legal System
Read and respond
to the exercises of
the module ‘
Conducting legal
research’, and ‘How
to ILAC’
Part 2 – Sources of
Law & the
Interpretation of
Statutes
Lecture notes and
module content
(Topic 2)
Complete
revision
quizzes and
online
exercises using
the forum.
Please
complete the
Business Law
in Action
Scenario (end
of the module)
3
18
March
Torts
(Elements of
liability)
Negligence
Part 3 – Elements of
Negligence
Lecture notes and
module content
(Topic 3)
Complete
revision
quizzes and
online
exercises using
the forum
Multiple
Choice Test
(10%). The
test will be
available on
Tuesday 19th
March 2019
4
25
March
Torts
(Damages and
defences)
Negligence
Part 4 – Defences &
Applications of
Negligence to
Business
Lecture notes and
module content
Complete
revision
quizzes and
online
exercises using
the forum.
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(Topic 4) Please
complete the
Business Law
in Action
Scenario (end
of the module)
5
1 April
Contracts
(Formation)
Contracts
Part 5 – Contractual
Elements
Lecture notes and
module content
(Topic 5)
Complete
revision
quizzes and
online
exercises using
the forum
6
8 April
Mid-session
Break
Mid-session
Break
Mid-session Break Mid-session
Break
7
15 April
Mid-session
Break
Mid-session
Break
Mid-session Break Mid-session
Break
PH: Good
Friday, Friday
19 April 2019
22 April
Contracts
(Validity and
consent)
Contracts Part 6 – Contracts
(Validity & Consent)
Lecture notes and
module content
(Topic 6)
Complete
revision
quizzes and
online
exercises using
the
forum
PH: Easter
Monday,
Monday 22
April 2019
PH: Anzac Day,
Thursday25
April 2019
9
29 April Contracts (
Content)
Contracts
Part 7 – Contracts
(Terms)
Lecture and
module content
(topic 7)
Complete
revision
quizzes and
online
exercises using
the forum.
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Major
Assignment
due on 26
April 2019 (
30%)
10
6 May
Contracts
(Discharge)
Contracts
Part 8 – Contracts
(Rights, Liabilities &
Remedies)
Lecture notes and
module content
(Topic 8)
Complete
revision
quizzes and
online
exercises using
the forum
11
13 May
Statutory
modification of
contract law
Contracts
Part 9 – Statutory
Modification of
Contract Law
Lecture notes
and module
content (Topic 9)
Revision
quizzes
Online
exercises using
the forum.
Please
complete the
Business Law
in Action
Scenario (end
of the module)
12
20 May
Property law Property
Part 10 –
Property Lecture
notes and module
content (Topic 10)
Complete
revision
quizzes and
online
exercises using
the forum.
Please
complete the
Business Law
in Action
Scenario (end
of the module)
13
27 May
Revision All topics
covered by the
subject
Practice paper
and
preparation for
the exam
See resources
contained in the
folder ‘Final exam’.
Read and attempt
the practice exam
Discussion of
the final exam.
Please answer
the practice
exam using the
forum.
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Version 1 – Published 11 February 2019
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14
3 June
Revision As required by
each cohort
Continue
your preparation
for the final exam
Share your
questions and
concerns
about the
exam with your
lecturer and
peers
Please see below Additional/Replacement Class Requirements for this session: Classes
running on the following Public Holidays should have a replacement class:
– Monday 22th April 2019 (Easter Monday)
– Thursday 25th April 2019(Anzac Day)
This study schedule has been devised to assist in your planning during the session, and is
intended as a guide only.
Attendance is required at all scheduled lectures and tutorials.
Learning materials
Details of learning materials that support your success in this subject can be found in the
Interact2 Subject Site.
Learning, teaching and support strategies
In this subject we will meet for a 3 hour session where we will discuss that week’s topic.
Before you come to class you need to have looked at the online activities in the Interact site
and read the text so that you can contribute to the class and derive more meaning from the
activities that we will do in class. We will spend class time working through the topic
questions, discussing them and preparing responses. In addition we may use video, games
and case studies to enhance understanding of certain topic areas.
It is helpful to have a small task to complete early in the session so that you have a focus in
the subject from the very first day, and so the first assessment is set for this purpose. If you
do not perform well in this assessment you may be contacted to discuss how we can
support you better in this subject.
The modules for this subject have been written specifically to guide you through the sections
(and questions) of the prescribed textbook relevant to each topic.
You should check the Interact2 Site at least weekly for postings, announcements, lecture
information and other resources that will assist your studies or additional information and
resources vital to your success in the subject.
Studying at university does not mean studying alone. During class you will have an
opportunity to interact with the lecturer as well as your peers.
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Use the subject schedule to plan your studies over the session.
Academic learning support
Information on effective time management is available on the CSU Learning Support website
via the following link: http://student.csu.edu.au/
Visit the learning support website for advice about assignment preparation, academic reading
and note-taking, referencing, and preparing for exams at: http://student.csu.edu.au/study
The Study Centres also offers a range of workshops specifically targeting your needs as an
international student. These workshops run multiple times per week and build into the
comprehensive Academic Skills Development Program that you should participate in.
Additionally, a number of student volunteers are available to assist you in a program known as
Discipline Support Sessions. Please see the timetables for these programs on the noticeboards
on campus and also via the iLearn Interact2 Organisation site.
You may also contact:
• Angela Maag
Study Support Get research paper samples and course-specific study resources under   homework for you course hero writing service – Manage r
Phone: 02 9291 9358
E-mail: AMaag@studygroup.com (mailto:AMaag@studygroup.com)
• Miranda Alagich
Snr. Study Support Coordinator
Phone: 02 9291 9360
E-mail: MAlagich@studygroup.com (mailto:MAlagich@studygroup.com)
• Mazin Yousif
Study Support Coordinator
Phone: 02 9291 9361
E-mail: MYousif@studygroup.com (mailto:MYousif@studygroup.com)
For appointments, please see Reception.
Queries regarding the content of this subject should be directed to your Subject Lecturer.
Library services
Charles Sturt University Subject Outline
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The Library is located on campus as well online. Your campus Library
(https://monkessays.com/write-my-essay/csustudycentres.edu.au/about-csu-study-centres/academic-support/
student-library) will support your learning journey by providing the following:
• A Self-Check kiosk for borrowing books: no more queues!
• Library orientation, database searching and information literacy workshops run
during the semester
• Computer terminals to conduct online research and complete written work
• Photocopiers, scanners and printers
• State of the art study and research facilities
• Access to all subject texts including reserve copies for 2 hour loan
• Qualified Information professionals to assist with all your information needs.
• And for loan renewals and making requests, check your StudyGroup Library account
by accessing the StudyGroup Library catalogue (http://sgaprimo.hosted.exlibrisgroup.com/primo_library/libweb/action/
search.do?vid=SGA)
Check with your Campus Library for opening hours and visit Library News for updates on
Interact2 (https://idp.csu.edu.au/idp/profile/SAML2/Redirect/SSO?execution=e3s1).
CSU Library
For 24/7 access, go to CSU Library online
(https://library.csu.edu.au/) http://student.csu.edu.au/library
The CSU Library provides access to online resources. These are:
• Peer-reviewed journal articles
• eBooks
• Company and government reports
• eJournals
• Dissertations & theses
• Newspapers including Business & Financial newspapers in Factiva (see Business & IT
Journal databases)
• Other Reference resources (eg. Australian Bureau of Statistics, Australian standards,
online encyclopaedias & dictionaries to be read on the computer
• Online assistance via free call on 1800 808 369, or ‘Ask a Librarian’ – Live Chat or Web
Form.
Other CSU Library services and resources:
https://student.csu.edu.au/library/study-research
• Video tutorials in research skills, finding journal articles for assignments, topic
analysis
• Endnote referencing software
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• Other online library services to help you successfully complete your assignments
Online Tutorials
http://student.csu.edu.au/library/study-research/training-tutorials-videos
Learn how to:
• Use Primo Search to find eReserve study materials and journal articles
• Search journal databases and web resources for information for your assessment
tasks
• Identify appropriate sources of information and peer reviewed material, to evaluate
resources
Subject Library Resource Guides
http://libguides.csu.edu.au/
Subject Library Guides are a great way to get started with research. Each online guide is
tailored to a specific area of study, including Accounting, Business and Information
Technology outlining how to research in your area and where to look for information.
Library Help
http://student.csu.edu.au/library/help-contacts
Friendly and quick assistance is available. Ask for help finding information and navigating the
library’s extensive eResources.
National Library of Australia – Trove database
http://trove.nla.gov.au/
The Trove database from the National Library of Australia provides access to many different
online resources on any subject.
University of Technology Sydney – Blake Library
http://find.lib.uts.edu.au/
All students with a CSU student card can access University of Technology, Sydney (UTS) library
for free 10 times per year or paying $50 per year to join CAUL scheme to borrow books and use
the UTS library within the guidelines set down by UTS. Access restrictions may be in place
during exam periods. The UTS Blake library is located near Chinatown: corner Quay Street &
Ultimo Road, Haymarket. Phone: 02 9514 3666.
Contact Details below for any student enquiries:
CSU Study Centre Darlinghurst Library
Ms Mireille Eid
Library Get research paper samples and course-specific study resources under   homework for you course hero writing service – Manage r
Phone: 02 9291 9326
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Email: Meid@studygroup.com (mailto:Meid@studygroup.com)
Ms Angie Baho
Library Officer
Phone: 02 9291 9315
Email: darlibrary@studygroup.com (mailto:darlibrary@studygroup.com)
Recommended student time commitment
Each week you should spend between 10 and 12 hours studying the subject. Obviously some
weeks may require more time than others depending on how you work. The following is a
guide for your information;
Interact2 videos, interactive flowcharts, screencasts and supporting readings 4 hours
Revision quizzes and preparation of answers to review exercises 2 hours
Participation in weekly face-to-face classes 3 hours
Preparation for assessment items 2 hours
Assessment Items
Essential requirements to pass this subject
You must obtain at least 50% in both the examination and the total mark in order to pass this
subject.
You must pass the exam to pass the subject.
To be eligible for the grade AA or AE you must have submitted all assessment items in the
subject, including the final exam. If you choose not to complete an assessment item or do not
sit the final exam then you will not be granted an AA or an AE grade.
Items
Item No. Title Value Due Date* Return Date**
1 Multiple Choice Quiz 10% 19-Mar-2019 09-Apr-2019
2 Problem Solving Questions 30% 26-Apr-2019 20-May-2019
3 Final Exam 60% To be advised –
* Due date is the last date for assessment items to be received at the University
** Applies only to assessment items submitted by the due date
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Assessment item 1
Multiple Choice Quiz
Value: 10%
Due Date: 19-Mar-2019
Return Date: 09-Apr-2019
Submission method options: N/A – submission not required/applicable
Task
This on-line test covers Topics 1 and 2 of the curriculum. You must complete ten multiple
choice questions online within 45 minutes using the Test Centre feature on Interact, between
00:01 on Tuesday 19 March 2019 and 23.59 on Tuesday 26 March 2019. You must complete the
test in one sitting – you cannot log off and log on again.
Rationale
Subject learning outcomes
This assessment task will assess the following learning outcome/s:
• be able to describe the Australian legal system, including its history, development, and
the current the-oretical frameworks within which it and its institutions operate.
• be able to compare and contrast the Australian legal system with other legal systems.
• be able to synthesise knowledge of the doctrine of precedent with knowledge of the
hierarchy of the courts – at a state and federal level – to explain which court has
jurisdiction in a particular matter.
This assessment task assesses the following learning outcomes:
– be able to describe the Australian legal system, including its history, development, and the
current theoretical frameworks within which it and its institutions operate;
– be able to compare and contrast the Australian legal system with other legal systems;
– be able to investigate the different sources of Australian law in order to contrast these
sources and explain their significance and interrelationships when applying them to legal
problems;
– be able to independently apply rules of statutory interpretation, including Latin maxims,
common law approaches and the legislative provisions that apply at a state and federal level;
Graduate learning outcomes
This task also contributes to the assessment of the following CSU Graduate Learning
Outcome/s (https://student.csu.edu.au/study/glo):
• Information and Research Literacies (Knowledge) – CSU Graduates demonstrate that
disciplinary knowledge is developed through research and evidence.
• Indigenous Cultural Competence (Knowledge) – CSU Graduates understand specific
cultural and historical patterns that have structured Indigenous lives in the past and
the ways in which these patterns continue to be expressed in contemporary Australia.
• Sustainable Practices (Knowledge) – CSU Graduates demonstrate a multidisciplinary
knowledge that empowers graduates to understand and critically analyse the
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challenges of balancing the social, economic and environmental factors essential for
ecological sustainability.
Marking criteria and standards
CRITERIA HD DI CR P FL
Students will
be required
to:
answer theory
and practical
based
multiple
choice
questions by
selecting the
best option
from five
available
choices to
demonstrate
their
understanding
of basic legal
concepts.
To meet this
level you will
attain a
cumulative
mark between
85 and 100%.
A mark in this
range
indicates you
have
demonstrated
an exceptional
and a high
level of
knowledge
and
understanding
of the
concepts.
To meet this
level you will
attain a
cumulative
mark between
75 and 84%. A
mark in this
range indicates
you have
demonstrated
a
comprehensive
and high level
of knowledge
and
understanding
of the
concepts.
To meet this
level you will
attain a
cumulative
mark between
65 and 74%. A
mark in this
range
indicates you
have
demonstrated
a sound
knowledge
and
understanding
of the
concepts.
To meet this
level you will
attain a
cumulative
mark between
50 and 64%. A
mark in this
range
indicates you
have
demonstrated
a basic
knowledge
and
understanding
of the
concepts.
At this level
you will attain
a cumulative
mark between
0-49%. A mark
in this range
indicates you
have not
demonstrated
a basic
knowledge
and
understanding
of the
concepts.
Presentation
Online risks – please note that whenever you work in a live online environment there are risks
of system failure (internet connections, logging out, user problems etc.). When doing work
online this means there is always a risk of losing all your work in the event of a system failure.
CSU systems provide a very secure online environment. In addition, Test Centre has been
designed to minimise risks associated with being online but you do need to take all
precautions to ensure a successful online assessment experience:
• Familiarise yourself with the Test Centre system prior to completing any major assessment
task
• Read your subject outline and instructions carefully
• Keep the security window open when doing a test. Close the window when you have
completed the test to ensure your personal security within the CSU online system
• Make sure you SUBMIT your completed test within the specified time on limited time tests
Requirements
The online test consists of 10 multiple choice questions. Each question is worth 1 mark, for an
aggregate score of 10% of your marks in this subject. Marks will be awarded for each correct
answer (only if all correct options for a question are selected and no incorrect options are
selected). No marks will be deducted for incorrect answers. The questions will be drawn from
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a pool, so your test will have some different questions from that of another student. Note also
that even where a question appears in two students’ tests, the order of the answers will be
randomised – so that, for example, the correct answer may be option D in one test and C in
another.
Assessment item 2
Problem Solving Questions
Value: 30%
Due Date: 26-Apr-2019
Return Date: 20-May-2019
Length: 2000
Submission method options: Alternative submission method
Task
Answer the following questions using the ILAC method of problem solving.
Question 1 [15 marks]
Magnolia graduated from the Delicious Cooking College with a major in thermo-mixing.
Immediately after graduating, she set up her own cooking business ( ‘Thermo-delicious’). In
early 2018 things were going really well and she was thinking about expanding her business.
She met Laura Smartypants, an accountant and financial adviser. They discussed Magnolia’s
expansion plans and Laura agreed to prepare a business plan for Magnolia and her growing
business. Laura advised Magnolia that she was in a sound position to expand and
recommended that she borrow money to set up a cooking store in a trendy part of Bleak-heath.
Magnolia relied on Laura and acted on her advice. In July 2018, she borrowed $69000 from
Usurer’s Credit, a small credit union that provided a loan and overdraft facilities. Magnolia then
signed a five-year lease, bought seven additional thermomixers and hired Tracey’s Designs &
Graphics to design a webpage for her. Then things went sour. Laura admitted that she had
not adequately factored in her pre-existing debts, had underestimated the significant
establishment costs associated with setting up a business in Bleak-heath. Laura explained
to Magnolia that in addition to reviewing Magnolia’s financial position, she also consulted
her tarot cards on the matter and the reading showed that Magnolia’s business would reach
financial glory. Magnolia has suffered loss as a result of this advice. She is unable to pay
Usurer’s Credit.
Advise Magnolia on any rights and liabilities arising from these facts, citing relevant statutory
and case law authority, using ILAC format.
Magnolia’s boyfriend, Jake, is a successful property developer in New South Wales. He is
interested in purchasing a large property for re-developing purposes in Blackheath. On 15 April
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2018, Jake contacted The Blue Mountains City Council requesting several statutory certificates
about various planning issues related to the property. He specifically requested information
about prospective road-widening proposals relevant to the property. On 10 July, Jake received
a letter from the Council, annexed to a planning certificate, indicating that there were no
road-widening proposals relevant to the property. On the strength of this statement, Jake
went ahead and purchased the land. Two months after finalising the purchase he was advised
that a road widening proposal had been approved on 26 July 2018 and that it required the
acquisition of more than one half of Jake’s property. What remained was unsuitable for Jake’s
re-development. Jake suffered a financial loss of $1,600,000. As a result of this loss, Jake’s
business experienced serious financial difficulty which led to Jake developing a serious mental
disorder.
Advise the Council on any liabilities arising from these facts, citing relevant statutory and case
law authority, using the ILAC format. Please focus on the liability of the council.
Question 2 [15 marks]
Donald Frump owns several restaurants in New South Wales. He and his family has solicited
your advice as to their contractual liabilities and rights arising out of these circumstances:
On 20 September, Donald meets Margarita over lunch. Margarita owns a small dairy farm called
‘The Milky Cow’’. After some negotiations, Margarita offers to sell Donald 200 kgs of Wagyu beef
for $3500. She also tells him that she will keep the offer open for the next 24 hours. Two hours
later, Margarita receives a call from Carlos who offers $3700 for the meat. She immediately
accepts Carlos’s offer. Donald calls three hours later ( within the 24 hours period) and informs
Margarita that he accepts the offer, want his meat delivered and that he will sue her for breach
of contract if she does not comply with their deal.
Donald agrees to buy a new truck for home deliveries. He approaches Mario’s Trucks and
Motors Pty Ltd and makes enquiries about a couple of vehicles. He agrees to purchase a
Pantech 2018 for $60,000. After the contract is signed he asks Jeff, the sales manager, if they
will provide the first service free of charge. Jeff agrees. Two months after the purchase, the car
needs to be serviced and Jeff is reluctant to honour his promise.
Donald commenced negotiations to lease some commercial premises to be used for their new
restaurant in Leura. Part of the negotiation concerned the ability of Donald to demolish a wall
in order to remodel the interior and build an oven. Nacho, the landlord, shook Donald’s hand
and told him they had a deal and that he could go ahead and get started. Donald took a
large bank loan to finance the re-modelling. Four weeks later, Donald received a letter from
Nacho indicating that he did not intend to proceed with the lease. Donald has already spent
$150 000 on the remodelling but has not received a signed lease as yet. He has also hired two
International chefs to work at the new restaurant.
Donald’s parents, Mr and Mrs Frump, migrated to Australia from Romania in 1963. They are
dependent on their two sons, Donald and Ricardo, for advice and support. They have limited
education, no business acumen and poor language skills. Their only income is their age
pension. They own their home which is valued at around $750,000. Ricardo is a charming but
feckless business man who is always on the verge of something great. In 2018, he needed
$265,000 to pursue a dot com opportunity that would make him as rich as his brother Donald.
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He is able to borrow money from The Con Bank but only after he persuades his parents to act
as guarantors. He misleads his parents as to the extent and purpose of the loan. The bank is
unaware of this. After investigating their financial position the bank manager meets with Mr
and Mrs Frump and go over the guarantee contract. He asks whether they had any questions
and when they do not, they signed the documents as required. Ricardo uses the money in an
internet company. The company becomes insolvent and Ricardo loses his entire investment.
When he is unable to repay the loan, Com Bank looks to the parents to honour their obligations
as guarantors.
Assume that you are Donald’s solicitor and that he has asked you for legal advice. Advise him as
to what contractual liability, if any, he and, or his family have in the above circumstances, citing
relevant case law authority and using the ILAC format.
Online submission via Turnitin is required for this assignment. Details will be provided by your
subject lecturer.
Rationale
Subject learning outcomes
This assessment task will assess the following learning outcome/s:
• be able to synthesise knowledge of the doctrine of precedent with knowledge of the
hierarchy of the courts – at a state and federal level – to explain which court has
jurisdiction in a particular matter.
• be able to investigate the different sources of Australian law in order to contrast these
sources and explain their significance and interrelationships when applying them to
legal problems.
This assignment is designed to assess the following subject learning outcomes:
• be able to investigate the different sources of Australian law in order to contrast these
sources and explain their significance and interrelationships when applying them to
legal
problems;
• be able to demonstrate knowledge of tort and contract law by identifying the relevant
issue(s) arising out of novel factual situations, stating the relevant legal principles, and
explaining how these relate to the legal issue(s), in addition to suggesting potential
remedies when providing a conclusion;
• your ability to conduct basic legal research.
Graduate learning outcomes
This task also contributes to the assessment of the following CSU Graduate Learning
Outcome/s (https://student.csu.edu.au/study/glo):
• Academic Literacy and Numeracy (Skill) – CSU Graduates demonstrate the literacy and
numeracy skills necessary to understand and interpret information and communicate
effectively according to the context.
• Academic Literacy and Numeracy (Application) – CSU Graduates consider the context,
purpose, and audience when gathering, interpreting, constructing, and presenting
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information.
• Information and Research Literacies (Skill) – CSU Graduates demonstrate the skills
required to locate, access and critically evaluate existing information and data.
• Information and Research Literacies (Application) – CSU Graduates synthesize and
apply information and data to different contexts to facilitate planning, problem
solving and decision making.
Marking criteria and standards
This assessment is designed to have students critically examining the problems presented in
the two questions. They use their research, and other legal skills to discuss and answer the
questions, demonstrating knowledge of tort and contract law. Students need to identify the
relevant issue(s) arising out of the two novel factual situations, state the relevant legal
principles, and subsequently explain how these relate to the legal issue(s), in addition to
suggesting potential remedies when providing a conclusion. Marks will also be awarded
according to the following criteria:
Marking criteria
CRITERIA HD DI CR P FL
Students are
required to
answer two
problem type
questions in
order to
demonstrate:
To meet this level
you will achieve a
cumulative mark
of 85-100%. A
mark in this
range indicates
that a student:
To meet this
level you will
achieve a
cumulative
mark of
75-84%. A
mark in this
range
indicates that
a student:
To meet this
level you will
achieve a
cumulative mark
of 65-74%. A
mark in this
range indicates
that a student:
To meet this level you
will achieve a
cumulative mark of
50-64%. A mark in this
range indicates that a
student:
At this le
obtain a mark of
0-49%. A mark in this
range indic
student:
Identification
of relevant
legal issues
Correctly
identifies all legal
issues and
formulates them
clearly with
consideration of
all links to
relevant law, with
no errors.
Correctly
identifies al l
legal issues
and
formulates
them with
consideration
of links to
relevant law,
with only
minor errors.
Identifies and
correctly
formulates most
major legal
issues, taking
into
consideration
most links to
relevant law.
Identifies some legal
issues, with some
errors in formulation.
Considers some links
to relevant law.
Identifies no r
issues or only a f
them. Some of these
may be uncle
formulat
few cont
to relevant law
Explanation
of law and
citation of
Provides a
complete
explanation of
Provides an
explanation
of almost all
Provides an
explanation of
most points of
Provides a basic
explanation of the
law, but with some
Provides inc
limited e
the law using no le
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relevant
legal
authority
the law, with no
errors. Explains
all relevant legal
authority.
points of the
law,
substantiated
by most of
the relevant
authority
with only
minor errors.
law, with few
errors,
substantiated by
citation of most
of the relevant
legal authority
with few errors.
errors, substantiated
by limited legal
authority.
authority
Application
of legal
principles to
the facts
Applies the law to
the facts so as to
address all issues
with no
errors. Argument
discusses
linkages between
facts and the law
and considers
counterarguments.
Conclusion
clearly draws
together advice.
Applies the
law correctly
to the facts
so as to
address all
issues, with
only minor
errors.
Argument
discusses
linkages
between
facts and the
law.
Conclusion
clearly draws
together
advice.
Applies the law
correctly to most
issues arising
from the facts,
but with some
errors. Argument
summarises
application of
the
law. Conclusion
summarises
advice.
Makes a basic attempt
to apply the law to the
facts, but applies
wrong law and / or
contains significant
errors in the
application.. Resultant
legal advice is
incomplete.
Paper does no
correctly apply law t
the facts and / or
applies inc
law. May be
descriptiv
than put
a reasoned ar
Compliance
with the Style
Guide and
overall
structure.
Uses Style Guide
comprehensively,
accurately and
consistently. Uses
ILAC model.
Extremely well
structured and
organised, with
one main
argument per
paragraph,
supported by
well-written
supporting
sentences.
Uses Style
Guide
accurately
and with only
minimal
errors.
Uses ILAC
model. Well
structured,
with
arguments
clearly
differentiated
between
paragraphs
Use of Style
Guide, with
some errors or
lapses. Uses
ILAC model and
is clearly
structured.
Limited or
inconsistent use of
Style Guide. Some
attempt at use of ILAC
model in structuring
of answer but with
errors.
Poor, inc
inaccura
Style Guide.
structured.
Inadequa
of paragr
have disr
ILAC model.
Written
expression
and editing.
Uses appropriate
academic writing
which is formal,
impersonal and
which contains
no spelling,
Uses
appropriate
academic
writing which
is formal, and
impersonal
Uses
appropriate
academic
writing which is
formal and
impersonal, with
Significant spelling,
grammar and
punctuation errors
but the paper is
readable and
demonstrates some
Poor grammar
spelling and/ or
punctua
gives no e
having been pr
read.
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grammar and
punctuation
errors. Paper
demonstrates
careful
proofreading.
with only
very minor
spelling,
grammar and
punctuation
errors. Paper
demonstrates
careful
proofreading.
a few spelling,
grammar and
punctuation
errors. Paper
demonstrates
evidence of
proofreading.
attempt at
proofreading.
Presentation
STYLE GUIDE
Please comply with the following rules:
1. Do not re-state the question.
2. Use in-text referencing. Do not use footnotes.
3. Names of statutes should be italicised, and followed by the jurisdiction not in italics, for
example: Acts Interpretation Act 1901 (Cth). Note the abbreviation for ‘Commonwealth’ is ‘Cth’
not ‘Cwlth’.
4. The names of the parties must be italicised, but the citation must not, for example: Smith
v Jones (1967) 345 CLR 34. You must give the full citation of a case on every occasion that you
mention it.
5. An in-text reference to a book should be structured as follows: (Latimer, 2010, p. 75).
There is no need to put the author’s initial. Note the positioning of brackets, stops and
commas. You use ‘pp.’ only if referring to more than one page. If you are referring to a book
with more than one author, the in-text reference would be as follows: (Smith et al, 2002, p. 78).
6. Do not start a new line simply because you are starting a new sentence.
7. Be careful of apostrophes: directors = of a director, directors’ = of many directors,
directors = many directors. Also particularly prevalent is confusion between its (it possessive)
and it’s (contraction of “it is”).
8. The following words always start with a capital letter: Commonwealth, State, Act, Bill,
Regulation, Constitution, Parliament. Do not unnecessarily capitalise other words.
9. One should not use terms such as can’t, won’t, don’t and shouldn’t, neither should one
use “i.e.” and “e.g.” in formal writing.
10. A sentence must always begin with a full word and a capital letter – so a sentence would
start ‘Section 55 says…’ not ‘S 55 says…’ or‘s 55 says…’
11. Start each paragraph on a new line, and leave a clear line gap after the preceding
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paragraph.
12. You must put page numbers on your assignment.
13. Quotations and excerpts from legislation which are longer than two lines should be
indented from the rest of the text in a separate paragraph. The text in quotations should not be
in italics.
14. You must end your assignment with a bibliography that is divided into three parts, listing
statutes, cases and books / articles.
15. A listing of a book in a bibliography should appear in accordance with the following
format: Latimer, P (2010). Australian Business Law, 29th ed, North Ryde: CCH. If listing a book
with multiple authors, do so as follows: Heilbron, G, Latimer, P, Nielsen, J and Pagone, T
(2008). Introducing the Law, 7th ed, North Ryde:CCH.
16. When listing statutes at the end of your assignment you should conform to the format:
Acts Interpretation Act 1901 (Cth). List the statute only once – you do not list individual section
numbers relied on. You should not list textbooks as the source of Acts – the Act itself is its own
source.
17. When listing cases conform to the format: Gordon v Richards (1976) 123 CLR 32.
18. When listing article conform to the format: Jones, J ‘The new analysis of law’ (2010) 4
Journal of Recent Law 34.
19. Make sure that your sentences are grammatically correct –it may be useful to read your
assignment out loud if you have any doubts about this.
Requirements
Please do not consider the Competition and Consumer Act 2010 (Cth) or the Sales of Goods Act
1923 (NSW) in answering these questions, as we have not yet covered that topic. Be advised
that the word limit of 2,000 words is a total for both questions (not 2,000 words for each
question). Please make sure you follow the presentation and stylistic rules contained under
‘Presentation’ below.
Familiarise yourself with the ILAC model by complying with the weekly activities. These
activities have been designed to teach you how to structure a legal analysis of a problem
based question. ILAC stands for Issue, Law, Application, and Conclusion. It allows us to
structure legal analysis. Use ILAC as a tool for organising your thinking and your writing. Think
of it as a weaving loom that allows you to support the threads of your argument. Remember
that when using ILAC you must:
1. Identify the legal issue. The issue is the most important element in the analysis and must be
stated in a way to show what is in controversy. You are required to articulate the issue by
creating the legal question presented by the facts. To find the issue, ask: “what is in
controversy in these facts.” You should use the following language: “The issue is whether …”
2. State relevant law (cases and legislation). After you have identified the issue, you must state
the relevant law. The law and the facts are inextricably linked. Your analysis of the facts will not
make sense unless you identify the law that is required to answer the question that contains
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the legal issue.
3. Apply the law to the facts. You simply match up each element you have identified in the law
(in order) with a fact. You may use the word “because” to make the connection between law
and fact. Using the word “because” forces you to make the connection between law and fact.
You may also use the words “as” and “since”. These serve the same function as “because”.
4. Conclude each issue before drawing your final overall conclusion. There is no right or wrong
answer, only logical analysis based on the rule and the facts that then leads to a reasonable
conclusion.
Preparation for this assignment
• Read Topics 3-6 (Negligence and Contracts) in the Modules, taking detailed notes and
completing all exercises and questions as you study.
• Work through the “ILAC Method” presentation in the How to Succeed in a Legal Subject
module, and watch the How to Succeed video there.
• Participate actively in the forum discussions of the Business Law in Action scenarios for each
module. This will give you an opportunity to practice writing with the ILAC method, to learn
from other students’ writing, and to get feedback and guidance from your lecturer. Participate
in the Law Assignment Grading Activity to familiarise yourself with the marking rubric and
expectations. In this activity, you will use the marking rubric to mark two student answers to a
problem solving question similar to Assessment Item 2. Then you will discuss the process with
your lecturer and other students, so you fully understand how your answer will be marked.
This understanding should guide you in preparing an answer that meets your lecturer’s
expectations on this assessment
Further guidance and general observations
Being the subject convenor and the task moderator has provided me with an opportunity to
become aware of the most common mistakes made by students when they are preparing and
drafting their assignment. The comments below contain some of my general observations:
1. Some students struggle to follow the guidelines provided to them orally and through the
subject outline. It is important that students contact their lecturer, if they require further
clarifications about the task before they start drafting it. Also, make sure that you proofread
and edit your assignment before submitting it to the marker. The folder ‘Assessment two’
contains a series of documents that have been especially created to assist you with your
assignment.
2. Do not write an essay. Some students submit an essay and totally disregarded the ILAC
model. Please check the materials posted electronically about the model and the samples
which show how it can be used effectively. See also the model answers
3. Headings and subheadings are essential. Use the headings of the ILAC model. You may wish
to use the following headings and subheadings:
Question 1
Scenario A
Issue
Law
Application
Conclusion
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Scenario B
Issue
Law
Application
Conclusion
The same structure can be used for question two. You may also opt for addressing both
scenarios simultaneously, that is, one ILAC per question.
4. Students tend to include too many ideas/ arguments in one paragraph. They should discuss
one argument per paragraph and such argument should be developed logically, and should
also be supported by a primary source. Please substantiate your arguments. Primary sources
are cases and legislation.
5. Some papers are comprised of a series of general assertions or statements totally
unsupported by a legal source.
6. Instead of using primary sources (cases and legislation), some students use comments
extracted from the textbook to support their arguments. They also cite the book as law, when
in fact students were taught during the first two weeks of the semester that the textbook is
only a secondary source. If you cannot find primary sources, then it is best to cite the book
rather than nothing. Not referencing your authorities may be considered as plagiarism.
7. Some students fail to refer to the Civil Liability Act and its relevant provisions. While others
refer to the Act in a very vague way, and without pinpointing its relevant sections or
subsections. There is no need to copy a whole section either. You can summarise its content
instead and insert the respective reference to it inside brackets.
8. Students need to understand that although some of the provisions of the Civil Liability Act
are a re-statement of the common law, cases are still important and must be used in a
persuasive way. These two sources of law should be used together.
9. If you are dealing with a case scenario, please do not stretch the facts. Work only with the
facts that you have been given.
10. Do not discuss the facts of any case. When making reference to some case law, several
students explain the facts of these cases instead of using their rationes only. Remember that
the ratio of a case is the only binding part of the case. It is the reason for the decision.
11. It is not recommended that students copy the questions to their papers. Think about the
word limit.
12. Read the marking guide carefully before starting the drafting process. You must also read
the Style Guide and the Presentation Guidelines contained in the Subject Outline.
13. It is preferable for students to use cases discussed by the textbook and the lecture notes
rather than cases found somewhere else. Students may inadvertently assume the risk that
cases, which were not discussed during class, may not be entirely relevant to their scenarios,
or these may lack judicial strength as precedents.
14. Proof read your paper before submitting it.
Charles Sturt University Subject Outline
LAW110 201930 S I
Version 1 – Published 11 February 2019
Page 25 of 36
Please feel free to contact your lecturer should you require further clarification on this task.
This assignment must be submitted through Turnitin.
It is recommended that your name, student ID and page number are included in the header
or footer of every page of the assignment.
Further details about submission in Turnitin are provided in On-line submission.
Assessment item 3
Final Exam
Value: 60%
Due Date: To be advised
Duration: 3 hours
Submission method options: Alternative submission method
Requirements
The final examination is a three hour open book exam. It is worth 60% of your assessment for
the subject.
The exam will have THREE (3) Parts. Parts A, B and C are COMPULSORY.
Part A will consist of 15 multiple-choice questions worth 1 mark each
Part B will consist of FIVE (5) short-answer questions worth 3 marks each
Part C has SIX (6) questions problem-type questions. You must attempt ANY THREE of these.
Each of these questions is worth 10 marks. The review questions and problem questions for
each topic are of assistance in guiding you into the topics that will feature in the exam.
Rationale
Subject learning outcomes
This assessment task will assess the following learning outcome/s:
• be able to describe the Australian legal system, including its history, development, and
the current the-oretical frameworks within which it and its institutions operate.
• be able to compare and contrast the Australian legal system with other legal systems.
• be able to synthesise knowledge of the doctrine of precedent with knowledge of the
hierarchy of the courts – at a state and federal level – to explain which court has
jurisdiction in a particular matter.
• be able to investigate the different sources of Australian law in order to contrast these
sources and explain their significance and interrelationships when applying them to
legal problems.
• be able to independently apply rules of statutory interpretation, including Latin
Charles Sturt University Subject Outline
LAW110 201930 S I
Version 1 – Published 11 February 2019
Page 26 of 36
maxims, common law approaches and the legislative provisions that apply at a state
and federal level.
• be able to demonstrate knowledge of tort, contract, and property law by identifying
the relevant issue(s) arising out of novel factual situations, stating the relevant legal
principles, and explaining how these relate to the legal issue(s), in addition to
suggesting potential remedies when providing a conclusion.
• be able to compare different methods of dispute resolution and evaluate their
effectiveness.
The final examination has been designed to assess your understanding of the operation of the
Australian legal system, your understanding of the major areas of law relating to business and
fundamental to your ability to integrate and apply information from various topics covered in
the subject to factual situations. The final exam assesses all the learning outcomes of the
subject.
Graduate learning outcomes
This task also contributes to the assessment of the following CSU Graduate Learning
Outcome/s (https://student.csu.edu.au/study/glo):
• Academic Literacy and Numeracy (Knowledge) – CSU Graduates understand the use
and structure of appropriate language in written, oral, visual, mathematical, and
multi-modal communication.
• Academic Literacy and Numeracy (Skill) – CSU Graduates demonstrate the literacy and
numeracy skills necessary to understand and interpret information and communicate
effectively according to the context.
• Academic Literacy and Numeracy (Application) – CSU Graduates consider the context,
purpose, and audience when gathering, interpreting, constructing, and presenting
information.
• Indigenous Cultural Competence (Knowledge) – CSU Graduates understand specific
cultural and historical patterns that have structured Indigenous lives in the past and
the ways in which these patterns continue to be expressed in contemporary Australia.
• Sustainable Practices (Knowledge) – CSU Graduates demonstrate a multidisciplinary
knowledge that empowers graduates to understand and critically analyse the
challenges of balancing the social, economic and environmental factors essential for
ecological sustainability.
Marking criteria and standards
Marking Criteria (Part A):
CRITERIA HD DI CR P FL
Students will
be required
to:
answer theory
and practical
based
To meet this
level you will
attain a
cumulative
mark between
85 and 100%.
To meet this
level you will
attain a
cumulative
mark between
75 and 84%. A
To meet this
level you will
attain a
cumulative
mark between
65 and 74%. A
To meet this
level you will
attain a
cumulative
mark between
50 and 64%. A
At this level
you will attain
a cumulative
mark between
0-49%. A mark
in this range
Charles Sturt University Subject Outline
LAW110 201930 S I
Version 1 – Published 11 February 2019
Page 27 of 36
multiple
choice
questions by
selecting the
best option
from five
available
choices to
demonstrate
their
understanding
of basic legal
concepts.
A mark in this
range
indicates you
have
demonstrated
an exceptional
and a high
level of
knowledge
and
understanding
of the
concepts.
mark in this
range indicates
you have
demonstrated
a
comprehensive
and high level
of knowledge
and
understanding
of the
concepts.
mark in this
range
indicates you
have
demonstrated
a sound
knowledge
and
understanding
of the
concepts.
mark in this
range
indicates you
have
demonstrated
a basic
knowledge
and
understanding
of the
concepts.
indicates you
have not
demonstrated
a basic
knowledge
and
understanding
of the
concepts.
Marking Criteria (Part B):
CRITERIA HD DI CR P FL
Students will
be required to
answer five
short answer
theory and
problem-type
questions to
demonstrate
their
understanding
of legal
concepts and
principles and
ability to
apply the law
briefly and
concisely to a
set of facts
and to reach a
correct
conclusion on
the issue.
To meet this
level you will
attain a
cumulative
mark between
85%-100% for
this section of
the
examination. A
mark in this
range indicates
that, in
aggregate, you
have
demonstrated
exceptional
knowledge,
understanding,
and ability
across a range
of topics in this
subject.
To meet this
level you will
attain a
cumulative
mark between
75%-84% for
this section of
the
examination. A
mark in this
range indicates
that, in
aggregate, you
have
demonstrated
a
comprehensive
knowledge,
understanding,
and ability
across a range
of topics in this
subject.
To meet this
level you will
attain a
cumulative
mark between
65%-74% for
this section of
the
examination. A
mark in this
range indicates
that, in
aggregate,
have
demonstrated
a sound
knowledge,
understanding,
and ability
across a range
of topics in this
subject.
To meet this
level you will
attain a
cumulative
mark between
50%-64% for
this section of
the
examination. A
mark in this
range indicates
that, in
aggregate, you
have
demonstrated
a basic
knowledge,
understanding,
and ability
across the
range of topics
selected for
examinations
in this subject
At this level
you will attain
a cumulative
mark between
0%-49% for
this section of
the
examination.
A mark in this
range
indicates that
you have
demonstrated
limited
knowledge,
understanding
and ability
across the
range of
topics
selected for
examination
in this subject.
Marking Criteria (Part C):
Charles Sturt University Subject Outline
LAW110 201930 S I
Version 1 – Published 11 February 2019
Page 28 of 36
CRITERIA HD DI CR P FL
Students are
required to
answer two
problem type
questions in
order to
demonstrate:
To meet this
level you will
achieve a
cumulative mark
of 85-100%. A
mark in this
range indicates
that a student:
To meet this
level you will
achieve a
cumulative
mark of
75-84%. A
mark in this
range
indicates that
a student:
To meet this
level you will
achieve a
cumulative mark
of 65-74%. A
mark in this
range indicates
that a student:
To meet this level you
will achieve a
cumulative mark of
50-64%. A mark in this
range indicates that a
student:
At this lev
obtain a mark of
0-49%. A mark in this
range indic
student:
Identification
of relevant
legal issues
Correctly
identifies all
legal issues and
formulates them
clearly with
consideration of
all links to
relevant law,
with no errors.
Correctly
identifies al l
legal issues
and
formulates
them with
consideration
of links to
relevant law,
with only
minor errors.
Identifies and
correctly
formulates most
major legal
issues, taking
into
consideration
most links to
relevant law.
Identifies some legal
issues, with some
errors in formulation.
Considers some links
to relevant law.
Identifies no r
issues or only a f
them. Some of these
may be uncle
formulated.
few conte
to relevant law
Explanation
of law and
citation of
relevant
legal
authority
Provides a
complete
explanation of
the law, with no
errors. Explains
all relevant legal
authority.
Provides an
explanation
of almost all
points of the
law,
substantiated
by most of
the relevant
authority
with only
minor errors.
Provides an
explanation of
most points of
law, with few
errors,
substantiated by
citation of most
of the relevant
legal authority
with few errors.
Provides a basic
explanation of the
law, but with some
errors, substantiated
by limited legal
authority.
Provides inc
limited explana
the law using no le
authority
Application
of legal
principles to
the facts
Applies the law
to the facts so as
to address all
issues with no
errors. Argument
discusses
linkages
between facts
and the law and
considers
counterApplies the
law correctly
to the facts
so as to
address all
issues, with
only minor
errors.
Argument
discusses
linkages
Applies the law
correctly to most
issues arising
from the facts,
but with some
errors. Argument
summarises
application of
the
law. Conclusion
summarises
Makes a basic attempt
to apply the law to the
facts, but applies
wrong law and / or
contains significant
errors in the
application.. Resultant
legal advice is
incomplete.
Paper does no
correctly apply law t
the facts and / or
applies inc
law. May be
descriptiv
than putting f
a reasoned ar
Charles Sturt University Subject Outline
LAW110 201930 S I
Version 1 – Published 11 February 2019
Page 29 of 36
arguments.
Conclusion
clearly draws
together advice.
between
facts and the
law.
Conclusion
clearly draws
together
advice.
advice.
Overall
structure.
Uses ILAC
model.
Extremely well
structured and
organised, with
one main
argument per
paragraph,
supported by
well-written
supporting
sentences.
Uses ILAC
model. Well
structured,
with
arguments
clearly
differentiated
between
paragraphs
Uses ILAC
model and is
clearly
structured.
Some attempt at use
of ILAC model in
structuring of answer
but with errors.
Poorly struc
Inadequa
of paragr
have disr
ILAC model.
Written
expression
and editing.
Uses
appropriate
academic
writing which is
formal,
impersonal and
which contains
no spelling,
grammar and
punctuation
errors. Paper
demonstrates
careful
proofreading.
Uses
appropriate
academic
writing which
is formal, and
impersonal
with only
very minor
spelling,
grammar and
punctuation
errors. Paper
demonstrates
careful
proofreading.
Uses
appropriate
academic
writing which is
formal and
impersonal, with
a few spelling,
grammar and
punctuation
errors. Paper
demonstrates
evidence of
proofreading.
Significant spelling,
grammar and
punctuation errors
but the paper is
readable and
demonstrates some
attempt at
proofreading.
Poor grammar
spelling and/ or
punctuation.
gives no e
having been pr
read.
To access a Sample Paper and its solution, click on the link below:
doms.csu.edu.au/csu/items/a04c274e-489e-420a-a781-747865bfaf09/1/
Charles Sturt University Subject Outline
LAW110 201930 S I
Version 1 – Published 11 February 2019
Page 30 of 36
Material provided by the university
Two (12 Page) Answer Booklets and one General Purpose Answer Sheet (GPAS) .
Material provided by the student
The exam is open book. Printed materials and resources, including textbooks are allowed. No
dictionaries will be permitted.
Assessment Information
Academic integrity
Academic integrity means acting with honesty, fairness and responsibility, and involves
observing and maintaining ethical standards in all aspects of academic work. This subject
assumes that you understand what constitutes plagiarism, cheating and collusion. If you are a
new student we expect you to complete the modules called Academic Integrity at CSU.
(https://interact2.csu.edu.au/webapps/blackboard/execute/
courseMain?course_id=_16412_1&task=true&src=)
CSU treats plagiarism seriously. We may use Turnitin to check your submitted work for
plagiarism. You can use Turnitin to check for plagiarism (http://student.csu.edu.au/library/
integrity/referencing-at-csu/checking) in your assessments before submission.
Referencing
Referencing is an important component of academic work. All assessment tasks should be
appropriately referenced. The specific details of the referencing requirements are included in
each assessment task description. Get referencing style guides and help
(http://student.csu.edu.au/library/integrity/referencing-at-csu) to use for your assessments.
How to submit your assessment items
Online submission process
Assessment tasks that are not completed through the Subject site need to be submitted
electronically via Turnitin site by the due date. You will be allowed to add yourself to the
Turnitin class once the class is set up by your Lecturer.
Unless advised otherwise, all Turnitin submissions are due by midnight (AEST) of the date
Charles Sturt University Subject Outline
LAW110 201930 S I
Version 1 – Published 11 February 2019
Page 31 of 36
specified. Please note that the time and the date of your Turnitin submission will be used to
determine your official submission time.
All textual elements within an assessment must be submitted in a format that is readable by
Turnitin. Specific exceptions, where an assessment requires the insertion of image based
evidence of workings will be outlined in the context of the assessment. Students that
deliberately attempt to insert content of assessments in a format that is not readable by
Turnitin may be subject to Academic misconduct investigations.
Additional Submission Information:
It is recommended that your name, student ID and page number are included in the header
or footer of every page of any assignment. You are also required to rename your assignment
file before you submit via Turnitin as per below protocol:
SUBJECT CODE, SI, SURNAME, STUDENT ID, ASSESSMENT NUMBER, SESSION.
Example – LAW110 SI PATEL 11554466 A3 201930.doc
Postal submission process
Postal submissions will not be accepted for any of the assessments required.
Hand delivered submission process
Hand delivered submissions will not be accepted for any of the assessments required.
Alternative submission process
see online submission above.
Extensions
It is best to complete assessment items by the due date. However, when something
unavoidable comes up an extension may be possible. The following principles are used when
processing extensions
1. For in-session assessment items, an extension request for up to three (3) calendar days can
be made by emailing your subject coordinator directly before the due date. In your email
please state the reason why you need more time as well as what precisely you are requesting.
Supporting documentation is not required. If an extension is requested in the above format
with a valid reason and your request does not disadvantage other students, the extension will
be approved. Extensions cannot be granted for on-line tests, as these have to be done within
a specific time frame, after which the answers are released to the class automatically.
2. For in-session assessment items, extension requests of more than three (3) calendar days
must be made via the special consideration form: https://apps.csu.edu.au/specialcons/.
(https://apps.csu.edu.au/specialcons/)The request must be made before the due date and
must include supporting documentation. Acceptable reasons are given in the Special
Consideration Policy. Each request will
be considered on a case by case basis. The request may not be granted. The maximum
extension possible will be seven (7) calendar days.
Charles Sturt University Subject Outline
LAW110 201930 S I
Version 1 – Published 11 February 2019
Page 32 of 36
3. If you receive an extension, then you should expect the assessment item and its feedback
to be returned later. If you submit later than the extended due date you will receive late
penalties as per guidelines below.
4. Unless your extension permits otherwise, submissions received 10 days after the original
due date will receive zero.
5. For end of session exams, you can request a supplementary exam via
https://apps.csu.edu.au/specialcons/. (https://apps.csu.edu.au/specialcons/)This request
must be made within 3 working days of the date of exam and must include supporting
documentation. Acceptable reasons are given in the Special Consideration Policy
. For medical issues, a CSU medical
certificate is required. If the supplementary exam (SX) is awarded then your exam is moved to
the next examination period. In order to preserve exam integrity and manage the logistics of
exams, the timing of a supplementary exam is heavily restricted.
How to apply for special consideration
Academic regulations provide for special consideration to be given if you suffer misadventure
or extenuating circumstances during the session (including the examination period) which
prevents you from meeting acceptable standards or deadlines. Find the form on the Student
Portal Special Consideration, Misadventure, Advice and Appeals (http://student.csu.edu.au/
study/academic-advice) page.
Penalties for late submission
Penalty for the late submission of an assessment task (without obtaining the Subject
Coordinator’s approval for an extension) will be:
10% deduction per day, including weekends, of the maximum marks allocated for the
assessment task, i.e. 1 day late 10% deduction, or 2 days late 20% deduction.
An example of the calculation would be:
Maximum marks allocated = 20
Penalty for one day late = 2 marks (so, a score of 18/20 becomes 16/20 and a score of 12/20
becomes 10/20).
If an assignment is due on a Friday but is not submitted until the following Tuesday, then the
penalty will be four days (40% deduction or 8 marks in the example above).
Submissions more than 10 days late will be acknowledged as received but will not be marked.
Resubmission
Resubmission of assessment items will not be accepted for any of the assessments required in
Charles Sturt University Subject Outline
LAW110 201930 S I
Version 1 – Published 11 February 2019
Page 33 of 36
this subject.
Feedback processes
Feedback will be provided in a timely manner. Students will be provided with individualised
comments, in addition to general feedback.
Assessment return
You should normally expect your marked assignment to be returned to you within fifteen (15)
working days of the due date, if your assignment was submitted on time. If you submitted your
assignment on time but not received it back by the return date, you should make enquiries in
the first instance to the subject coordinator.
Student Feedback & Learning Analytics
Evaluation of subjects
CSU values constructive feedback and relies on high response rates to Subject Experience
Surveys (SES) to enhance teaching. Responses are fed back anonymously to Subject
Coordinators and Heads of Schools to form the basis for subject enhancement and recognition
of excellence in teaching. Schools report on their evaluation data; highlighting good practice
and documenting how problems have been addressed. You can view a summary of survey
results via the Student Portal SES Results (https://student.csu.edu.au/study/subjectexperience-survey-results) page.
We strongly encourage you to complete your online Subject Experience Surveys. You will be
provided with links to your surveys via email when they open three [3] weeks before the end of
session.
Changes and actions based on student feedback
The subject reflects feedback provided by students from previous cohorts.
Learning analytics
Learning Analytics refers to the collection and analysis of student data for the purpose of
improving learning and teaching. It enables the University to personalise the support we
provide our students. All Learning Analytics activities will take place in accordance with the
CSU Learning Analytics Code of Practice. For more information, please visit CSU’s Learning
Analytics (https://monkessays.com/write-my-essay/csu.edu.au/division/student-learning/home/analytics-and-evaluations/
learning-analytics) website.
Data about your activity in the Interact2 site and other learning technologies for this subject
will be recorded and can be reviewed by teaching staff to inform their communication,
support and teaching practices.
Based on past analytics, changes made to the subject include designing and making available
to students the following resources:
Charles Sturt University Subject Outline
LAW110 201930 S I
Version 1 – Published 11 February 2019
Page 34 of 36
• Revision quizzes,
• Interactive flowcharts,
• Video lectures,
• Business in law scenarios,
• Grading Activity
• Glossary
• PDF version of the modules, and
• Activities aligned to assessment preparation.
Services & Support
Your Student Portal (http://student.csu.edu.au/) tells you can how you can seek services and
support. These include study, admin, residential, library, careers, financial, and personal
support.
Develop your study skills
Develop your study skills (https://student.csu.edu.au/study/skills) with our free study services.
We have services online, on campus and near you. These services can help you develop your
English language, literacy, and numeracy.
Library Services
CSU Library (https://student.csu.edu.au/library) provides access to the eBooks, journal
articles, books, and multimedia resources needed for your studies and assessments. Get the
most out of these resources by contacting Library staff either online or in person, or make use
of the many Library Resource Guides, videos and online workshops available.
CSU Policies & Regulations
This subject outline should be read in conjunction with all academic policies and regulations,
e.g. Student Academic Misconduct Policy, Assessment Policy – Coursework Subjects,
Assessment Principles Policy, Special Consideration Policy, Academic Progress Policy,
Academic Communication with Students Policy, Student Charter, etc.
Please refer to the collated list of policies and regulations relevant to studying your subject(s)
(http://student.csu.edu.au/administration/policies-regulations-subjects) which includes links
to the CSU Policy Library (https://monkessays.com/write-my-essay/csu.edu.au/about/policy) – the sole authoritative source
of official academic and administrative policies, procedures, guidelines, rules and regulations
of the University.
Subject Outline as a reference document
This Subject Outline is an accurate and historical record of the curriculum and scope of your
subject. CSU’s Subject Outlines Policy (https://policy.csu.edu.au/view.current.php?id=00267)
requires that you retain a copy of the Subject Outline for future use such as for accreditation
Charles Sturt University Subject Outline
LAW110 201930 S I
Version 1 – Published 11 February 2019
Page 35 of 36
purposes.
Charles Sturt University Subject Outline
LAW110 201930 S I
Version 1 – Published 11 February 2019
Page 36 of 36

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