Posted: September 1st, 2023

Individual Assignment

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ASSESSMENT 2 – LAW1100 – COMMERCIAL LAW – T3, 2020
Unit LAW1100 – Commercial Law
Due date: Week 5, 17 January 2021 before 5PM (Melbourne Time)
Group/individual: Individual
Word count / Time
provided:
2,000 words
Weighting: 30%
Unit Learning
Outcomes:
ULO-2, ULO-3, ULO-4, ULO-5, ULO-6
Submission Submit via Moodle
Assessment 2 – Description
Assessment two has five problem questions. You must answer all questions. You are
required to support your answers by giving examples, and by applying the relevant laws
and concepts.
Question 1
Ms Sarah works at an Infinity Bar near Melbourne CBD. It was her day off when Ms Sarah
went for a drink with her long time friend. Ms Sarah was intoxicated, and It was around 11PM
when she accepted an offer for the purchase of a used TV from her friend. Ms Sarah happily
accepted the offer and she paid cash to her friend. Next day she wakes up she realized she
has concluded a contract for the purchase of an old TV, and she is unhappy, and she now
wants to cancel the contract. Advise Ms Sarah if she can cancel the contract and on what
grounds. (6 Marks)
Question 2
Zion is a start-up company, and it is going to manage many contracts for the sale of many of
its skin care products that promise to deliver effective solutions for different skin problems.
Zion’s Sales Manager is eager to know more about contracts. By giving two examples, explain
the difference between a contractual term which is considered as a condition and a
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contractual term which is considered as a warranty. Is there any difference in the remedy
available to the parties if a condition rather than a warranty has been breached? (6 marks)
Question 3
Clever Pty Ltd is a well known factory that produces different underwear and Pyjamas. Mr
Mark purchased three underwear from Clever’s store located in the city and the underwear’s
are produced by Clever Pty Ltd. Mr Mark used the underwear’s and slowly Mr Mark was able
to realise that he has developed a skin condition that requires him to obtain a prolonged
medical treatment. Consequently, Mr Mark is unbale to continue his truck driving job anytime
soon. By applying the law of tort, advise if Mr Mark can claim against the company any
damage. You are required to apply tort law in detail here. (6 marks)
Question 4
Peter, an insane person, concluded a contract with Thomasfor the purchase of a unique chair
and a table for $400. The price paid for both of the items was fair and reasonable. At the time
the agreement was made, Peter seemed to be a normal person. Subsequently, Peter refused
to take delivery of either the table or the chair, or to pay for them. Thomas wishes to know
whether he can recover damages for breach of contract from Peter. (6 marks)
Question 5
Elsa who just turned 18 years old last month is preparing to conclude a contract for the
purchase of a bicycle from her aunty. Elsa wantsto know what kind of things might constitute
good consideration so that the contract becomes binding. Advise Elsa. (6 marks)
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MARKING RUBRIC
Performance Indicators High Distinction Distinction Credit Pass Fail
80-100% 70-79% 60-69% 50-59% 0-49%
Knowledge of the relevant
law and Research (15
marks)
Clear and accurate
demonstration of key
relevant law. Located,
evaluated and synthesized
an extensive range of
highly relevant
information, law, and
cases that substantially
supported the analysis.
Clear and almost accurate
demonstration of the key
relevant law. Located,
evaluated and synthesised a
range of relevant
information, law and cases
that supported the analysis.
Some demonstration of
knowledge of relevant
law. Located, evaluated
and incorporated a range
of relevant information,
law and cases that
supported the analysis.
Limited demonstration of
relevant law. Located and
used partly relevant
information, law and cases
that provided some support
for the analysis
.
Little demonstrated
knowledge of relevant law.
Used information, law and
cases from sources that was
not relevant to the analysis.
Discussion and Analysis (10
marks)
Present a comprehensive
and sophisticated
discussion of relevant
issues and application of
the law to the issues.
Presented a comprehensive
discussion of relevant issues
and application of the law to
the issues.
Presented a good
understanding of relevant
issues and application of
the law to the issues.
Presented a general
understanding of relevant
issues and application of the
law to the issues.
Failed to illustrate an
understanding of relevant
issues and application of the
law to the issues
Clarity of Expression and
proper citation of references
(5 marks)
Writing shows excellent
clarity and cohesion.
Points have been skilfully
paraphrased. There are no
or very few errors in
spelling, grammar and
punctuation.
Writing shows good clarity
and cohesion. Points have
been paraphrased well.
There are few errors in
spelling, grammar and
punctuation.
Writing is clear and
coherent. Most points have
been paraphrased well.
There are some errors in
spelling, grammar and
punctuation.
Writing is generally clear
with some lapses in
coherence. Some points have
been paraphrased well.
There are some errors in
spelling, grammar and
punctuation.
Writing lacks clarity and
coherence. Points have not
been paraphrased well.
There are many errors in
spelling, grammar and
punctuation.
Total Mark: /30
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