Posted: February 1st, 2022

BLAW204 Assessment: Assessment 3 – Individual Essay Writing Paper

Bachelor of Business / Bachelor of Accounting
Unit: Business Law
Unit Code: BLAW204
Type of Assessment: Assessment 3 – Individual Essay Writing
Length/Duration: Approximately 2,000 words
Course Learning Outcomes
addressed: 1, 3, 4, 5, 6, 7
Unit Learning Outcomes addressed: 1 – 7
Submission Date: Week 10
Assessment Task: This essay will be completed by each individual student
and should be approximately 2,000 words.
Total Mark: 20 marks
Weighting: 25%
Students are advised that any submissions past the due date without an approved extension or
without approved extenuating circumstances incurs a 5% penalty per calendar day,
calculated from the total mark
E.g. a task marked out of 40 will incur a 2 mark penalty per calendar day.
More information, please refer to (Documents > Student Policies and Forms > POLICY –
Assessment Policy & Procedures – Login Required)
Kent Institute Australia Pty. Ltd.
Assessment Brief ABN 49 003 577 302 CRICOS Code: 00161E RTO Code: 90458
Version 1: 22nd December, 2016 TEQSA Provider Number: PRV12051
This essay will be designed to test the student’s research skills and deal with a practical real life
scenario in a Business Law context. The student will need to be aware of and have a good knowledge
of the business regulatory environment.
The Question
Unconscionability and how it may mean a contract cannot be enforced.
Unconscionability can mean many things and may arise from a number of circumstances. In your
essay you are to explain and comment on the following as a result of your reading:
 The concept of unconscionability and why it may mean that a contract is not enforceable.
What are the leading cases on this? Why do we have such principles in our commercial
 What are the characteristics of an unequal bargain that must or might be demonstrated to
indicate unconscionability? Refer to appropriate cases.
 Is there any legislation which similarly supports the principle that a contract may be so unfair
that it is unenforceable?
 What has been the effect on Banks and some larger institutions regarding the courts
reluctance to enforce agreements that appear to be unfair or unequal?
 From your reading is there any interesting commentary on unfair agreements and the
attitude of courts when deciding on the enforceability of a contract?
 What is the role of consumer advocate groups regarding unfair agreements, eg the Financial
and Consumer Rights Council (FCRC) – Victoria? Did your research reveal any similar bodies
or advocacy groups? Have there been any particular issues within Australia that you would
characterise as unconscionable behaviour by vendors, companies or any other institutions?
Students are to read text books, cases, search the internet for articles and commentary, and to follow
the guidance of the lecturer in their research and reading.
 Ensure your name and student number is clearly visible on your assignment.
 Keep a copy of your work for your records.
 Expression is important, and students should ensure that their essay displays appropriate
clear expression and presentation.
 Students must reference materials appropriately (statute and case law), and ensure that any
materials that are cited, quoted or referred to, have appropriate attribution (ie footnoted
and with adequate indication of the use of any author’s work). We will do some work on this
in class.
 Each presentation must be individual work and students must not copy another student’s
work, or cut and paste work from books or the internet. Please be aware that plagiarism (the
copying of someone else’s work) is not acceptable in any professional practice.
 Please ask your lecturer for assistance if you are unsure about an aspect of this assessment.
Kent Institute Australia Pty. Ltd.
Assessment Brief ABN 49 003 577 302 CRICOS Code: 00161E RTO Code: 90458
Version 1: 22nd December, 2016 TEQSA Provider Number: PRV12051
This assignment should be submitted online in Moodle.
The assignment MUST be submitted electronically in Microsoft Word format. Other formats may not
be readable by markers. Please be aware that any assessments submitted in other formats will be
considered LATE and will lose marks until it is presented in Word.
Our Academic Learning Support (ALS) team would be happy to help you with understanding the task
and all other assessment-related matters. For assistance please speak to our Academic Learning Skills
Coordinators, Barbara Karena in Sydney ( or Ryan Honner in Melbourne
( They can help you with understanding the task, draft checking, structure,
referencing and other assignment-related matter.
For online help and support please click the following link and navigate Academic Learning Support in
Kent Institute Australia Pty. Ltd.
Assessment Brief ABN 49 003 577 302 CRICOS Code: 00161E RTO Code: 90458
Version 1: 22nd December, 2016 TEQSA Provider Number: PRV12051
Marks and
Marking Criteria Fail
(0 – 49%)
(50 – 64%)
(65 – 74%)
(75 – 84%)
Does not apply the
law accurately to a
Accurately applies
the law in some
Accurately applies
the law in most
Accurately applies
the law to a large
Does not use
correct analysis at
all or only
Uses basic
Uses mostly
correct analysis.
Uses largely
correct analysis.
Does not attempt
to describe
Some errors in
assumptions or
assumptions and
provides rationale
to explain each
Explicitly describes
assumptions and
provides strong
rationale to
Includes no
relevant legal
Explanation may
be missing or
difficult to follow
in places. Includes
some relevant
legal references.
ambiguous or
unclear. Includes
most of the
relevant legal
Gives a fairly
response. Includes
nearly all relevant
legal references.
Assignments should usually incorporate a formal introduction, main points and conclusion, and will be
fully referenced including a reference list.
The work must be fully referenced with in-text citations and a reference list at the end. We strongly
recommend you to refer to the Academic Learning Skills materials available in the Moodle. For details
please click the link and download the
file “Harvard Referencing Workbook”. Appropriate academic writing and referencing are inevitable
academic skills that you must develop and demonstrate.
We recommend a minimum of FIVE references, unless instructed differently by your lecturer. Unless
specifically instructed otherwise by your lecturer, any paper with less than FIVE references may be
failed. Work that includes sources that are not properly referenced according to the “Harvard
Referencing Workbook” will be penalised.
Marks will be deducted for failure to adhere to the word count – as a general rule you may go over or
under by 10% than the stated length.
High quality work must be fully referenced with in-text citations and a reference list at the end. We
recommend you work with your Academic Learning Support (ALS) site
( available in Moodle to ensure that
you reference correctly.
Kent Institute Australia Pty. Ltd.
Assessment Brief ABN 49 003 577 302 CRICOS Code: 00161E RTO Code: 90458
Version 1: 22nd December, 2016 TEQSA Provider Number: PRV12051
References are assessed for their quality. You should draw on quality academic sources, such as books,
chapters from edited books, journals etc. Your textbook can be used as a reference, but not the lecturer
notes. We want to see evidence that you are capable of conducting your own research. Also, in order
to help markers determine students’ understanding of the work they cite, all in-text references (not
just direct quotes) must include the specific page number/s if shown in the original. Before preparing
your assignment or own contribution, please review this ‘YouTube’ video by clicking on the following
link: Plagiarism: How to avoid it
You can search for peer-reviewed journal articles, which you can find in the online journal databases
and which can be accessed from the library homepage. Wikipedia, online dictionaries and online
encyclopaedias are acceptable as a starting point to gain knowledge about a topic, but should not be
overused – these should constitute no more than 10% of your total list of references/sources.
Additional information and literature can be used where these are produced by legitimate sources,
such as government departments, research institutes such as the NHMRC, or international
organisations such as the World Health Organisation (WHO). Legitimate organisations and government
departments produce peer reviewed reports and articles and are therefore very useful and mostly very
current. The content of the following link explains why it is not acceptable to use non-peer reviewed
websites: Why can’t I just Google? (thanks to La Trobe University for this video).

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