ASSIGNMENT TWO

CASE STUDY (30%)

The case study which students are required to resolve using the four step process is set out
below on page 6. 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.

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
8 marks available
Explain the rule(s) of law with reference
to relevant authority.
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 students 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

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, 12 October 2015 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.

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.
Students will be provided with 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.

Kate loves to shop, particularly for shoes and expensive clothes. Kate has worked really
hard all year to save enough money so that she can take a trip to Sydney for Australian
Fashion week.
Kate contacts her cousin Suzie who owns a travel agency called ValUtrav Pty Ltd to organise
her trip, in particular an airline ticket to Sydney. After chatting about what they did on
Saturday night, Suzie says to Kate:
The travel agency can provide you with an airline ticket to Sydney for $1,000, arriving the
day before Fashion Week starts and returning the day after it finishes, but you will need to
confirm this in writing by 5pm tomorrow. You can send written confirmation of your
acceptance by post, facsimile or email.
Kate immediately sends an email confirming that she will take the ticket to Sydney for the
dates and price stated by her cousin.
Kate then books a room at the best hotel in Sydney for the week. Unfortunately,
unbeknown to Kate, Suzie was away sick for the next 3 days. This meant that the airline
ticket to Sydney was not issued because Kates email to Suzie at the travel agency had not
been read. When the oversight is discovered a few days later all of the quoted flights to
Sydney are fully booked. Kate is very cross as she has already paid for the hotel. Suzie tells
Kate that she is very sorry, but as they had not realised that the email had been sent within
the time specified, there is nothing she can do about the tickets at the quoted price. As it is
family, Suzie tells Kate that she is happy to provide another quote, however Kate will
probably have to pay more and may have to have different flight times.
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 Kate and the travel agency.

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 Kate require
the company to issue the airline ticket as originally stated?