Explain the rule(s) of law with reference to relevant authority.

ASSIGNMENT TWO CASE STUDY (30%) The case study which students are required to resolve using the four step process is set out below on pages 6 and 7. Students are required to apply the relevant legal concepts and principles to analyse and solve the legal issues arising in the case study by explaining and applying their knowledge of the legal principles and rules arising in the Australian legal system. You will have to listen to the four step process vodcast in the assessment folder on blackboard prior to attempting this assignment. Please note also that the information contained in the course materials (the text book, lecture and E-learning materials) are sufficient when completing your assignment. It is not necessary to research beyond these materials for the purpose of completing this assignment. NOTE: • The fact scenario used in this assignment is fictitious. • Students are to focus on answering the assignment questions with reference to the materials covered in topic 3. Students do not need to (and should not) undertake any additional research. The level of detail and information contained in the course materials is sufficient to answer the assignment. • Note the four step process requires students to refer to legislation or case law as authority for the rules of law explained in step two. Where appropriate you will need to refer to any applicable legislation or case authorities contained in the material for topic 3. You may also want to review the materials on referencing that were provided for the first assignment. 1 Marking rubric The case study is made up of two (2) four step process questions. Each is worth fifteen (15) marks. The four step process marking rubric for each question is as follows: STEP ONE Identify the legal issue No marks specifically (as this is usually stated in the question) STEP TWO Explain the rule(s) of law with reference to relevant authority. 8 marks available STEP THREE The rules of law explained must be specifically applied to the facts so a solution can be found. 6 marks available STEP FOUR A logical conclusion should flow from the above steps No marks specifically available Overall use of the four step process, structure of the answer and referencing. 1 mark available In relation to the marks allocated for the overall use of the four step process, structure of the answer and referencing, regard will be had to not just whether the answer is “set out” in the four steps. Consideration will be given to the clarity of the explanation of the law with regard to applicable authority where relevant. Students will be rewarded here for a detailed application of the facts to the law explained. For example, a very good use of the four step process would be the application of the facts specifically to every principle of law explained. Consideration will also be given to the logical presentation, coherency and consistency of the explanation of the law, application of facts and subsequent conclusion. Consequently this will include a consideration of matters such as presentation, formatting, expression, sentence structure, grammar and the like. As a general guide, a student who has used the four step process correctly for each question (has identified the relevant principle(s) of law, explained the rule(s), applied the facts and come to a logical conclusion), but where the explanation of the law or application of the facts is not as detailed as it could be, or the conclusion is not a logical progression of what 2 has gone before, the student would be awarded a pass mark for this part of the assignment, i.e. 0.5 marks. Referencing and appropriate acknowledgement of sources Most often errors in referencing are incidental or clearly inadvertent. In the event of a level one incident of plagiarism occurring, a student may be contacted by the University and required to undertake further training or remedial work in relation to referencing. Where the lack of correct referencing appears to contravene the University policy on plagiarism, the student’s paper will be referred to the Unit Coordinator and dealt with according to University policy. This may amount to academic misconduct. An important aspect of the University Plagiarism Policy is recognition that not all plagiarism incidents are intentional or involves cheating. If students are not learning as expected, they will be made aware of their difficulties and helped to improve. Those who deliberately choose to cheat by way of plagiarism, however, will be identified and dealt with accordingly. Students are strongly advised to understand their responsibilities in relation to correct referencing and should consult the unit outline and powerpoint slides on referencing located on the Business Law Blackboard site for more information. Format of assignments Assignments cannot be handwritten and must comply with the following format requirements. Those assignments, which do not conform to these requirements without prior agreement of the unit coordinator, will either be returned to the student unmarked or will have marks deducted: • Document type: Word or pdf (pdf preferred) • Font: Arial or similar font - no smaller than 12 point in size • Pages: Numbered in top or bottom margin • Spacing: Appropriate line spacing and paragraph spacing • Margins: At least 2.5 cm top, left, right & bottom Presentation • Cover sheet (located on Blackboard under the 'Assessment' tab) must be attached to the assignment • Appropriate sentence structure • Correct grammar, spelling and punctuation • Paragraph size and breaks appropriate • Consistent format • Appropriate use of headings and sub-headings • Within acceptable word limit • Appropriate referencing and acknowledgment of sources 3 Word Limit The total assignment (meaning questions one and two) should be a minimum of 500 words and not exceed 2,500 words. Please provide a word count on your cover sheet. A penalty of 10% will be imposed on assignments that exceed the word limit. Markers have discretion as to whether to apply the penalty for an additional 100 words, provided the discussion remains relevant. The assignment will not be assessed if it exceeds 3,500 words and will result in a ZERO mark. The word count does not include the following: • cover sheet; • in-text referencing; • referencing list; and • headings. Submission Please read the submission process carefully. Students should understand that compliance with instructions in relation to an assessment task is critical. Students MUST be aware that non-compliance with submission instructions can result in a mark of ZERO. All assignments must be submitted by 1PM (WST) on the Monday of the week the assignment is due, i.e. Assignment two is due Monday, 10 October 2016 by 1PM (WST). Students are required to submit their assignment to Blackboard through a link provided in the ‘Assessment’ folder titled ‘Assignment two’. The assignment will automatically be submitted to the plagiarism detection program, Turnitin. Students are given the option to submit a draft assignment into Turnitin (via Blackboard) to retrieve an originality report for their assignment. To submit a draft assignment, students must upload their draft assignment to Blackboard through a link provided in the ‘Assessment’ folder titled ‘Assignment two: Revision 1’. For more information about the submission process or Turnitin, please refer to the detailed submission instructions on Blackboard within the ‘Assessment’ folder. 4 Feedback on assignments All of the teaching staff are available to assist you with your learning in this unit. You should contact your lecturer or tutor if you need help understanding the course material or issues arising in the assignment. There is also a staffed discussion board available for students. It is often helpful to share ideas and problems with other students using this forum. You can also contact the unit coordinator if you are still unable to get the answer you are seeking. Please allow 48 hours (two working days) for a response to your query. Unfortunately it is just not possible for the teaching staff to review draft assignments for comment before submission as it is in effect double marking. If you require help with your assignment, either narrow the question or section of work to specific questions. This assignment will be marked using a rubric. In providing feedback to students using this rubric, markers will detail an answer guide and individual comments on what a student had done well and suggestions for improvement in the future. This will include specific feedback on the use of the four step process. Assessments submitted early will not be marked before the due date. Please refer to the unit outline for the full procedure in relation to penalties for late submission and requests for an extension. 5 Derrick runs a sports tourism agency in Perth. His business provides clients with unique opportunities to attend high profile American sporting events, and meet professional athletes in a private setting. His business also organises the flight, hotel and restaurant reservations for these tours, so that clients can better enjoy the overall experience. In March 2016, Derrick’s cousin Carmelo, phones Derrick and asks him to book Carmelo a place on the NBA (National Basketball Association) finals tour to take place in June 2016. For the cost of $30,000, participants of this tour are secured tickets to every finals game, and get to attend pre-game functions with past greats of the game such as Michael Jordan and Magic Johnson. Derrick needs to check the availability of places left on that tour, so he says to Carmelo that he will email him back once he has figured out what he can offer him. Later on that day Derrick emails Carmelo the following: “Hey Cuz. Good to hear from you today. I have one available spot left on the NBA finals tour running in June 2016. The package includes premium travel and accommodation in each city, so the best I can do pricewise is $25,000. I can’t wait around with this for long, so if you are in, you need to let me know by close of business tomorrow. An email or text will be fine. Cheers Derrick.” The next morning Carmelo reads the email and is happy with everything that Derrick has stated except the price. A qualified accountant who tries to help out his family whenever he can, Carmelo has done Derrick’s personal and business tax returns for the past 10 years for a nominal fee, which has saved Derrick a lot of money over the years. Two hours before the close of business, Carmelo sends Derrick an email that reads: “Thanks for letting me know that Derrick. I am in on the tour, but I am only willing to pay $20,000, as times are a bit tough with the accounting business. The rest you can cover for all of that work that I have done for you over the years.” Upon receiving Carmelo’s email, Derrick immediately responds by writing, “Fair enough and all good. You have my bank details so deposit the $20,000 by the end of the month. You are going to enjoy this trip Cuz!” In late May 2016, a week before the tour is to start, Derrick goes over the tour documentation, and realises that because he had dealt informally with Carmelo concerning his participation on the tour, he had not booked flights and accommodation for him. Because of the popularity of this impending finals series, only the cheapest flights and accommodation are able to be secured for Carmelo at this late stage. When Derrick notifies Carmelo of this, Carmelo is upset, and insists that Derrick take the cheap flights and accommodation, and give to him Derrick’s premium travel and accommodation for the tour. Derrick refuses to do this, citing the need to stay with the rest of the touring party at all times. After hearing this, Carmelo notifies Derrick that he will be seeking legal advice on the matter. 6 Question (a) 15 marks Using the four-step process, discuss the elements of intention and consideration required for the formation of a contract. In particular, consider whether these elements have been met in order for there to be an enforceable contract between Carmelo and Derrick. Question (b) 15 Marks Assume that the elements of intention and consideration required for the formation of a contract exist. Using the four-step process, discuss whether the element of agreement required for the formation of an enforceable contract can be established. Can Carmelo require Derrick to provide him with the premium travel and accommodation for the tour? 7