Commercial Law Assignment

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Assessment 2: Problem question (essay) (1500 words) (25 marks)

This document consists of 5 pages including this page.Sample Page

PLEASE    READ    THE   FOLLOWING   INSTRUCTIONS   AND                 INFORMATION PROVIDED CAREFULLY BEFORE ATTEMPTING THE QUESTION.

  1. INDIVIDUAL PROBLEM QUESTIONS

The answers are to be completed by an individual student. This assessment task has a maximum of 1500 words. Students who do not submit their own work, appropriately referenced, may be subject to student misconduct proceedings. Further information about referencing including resources are set out below.

All students are required to learn how to use Turnitin well in advance of the due date for submission. Difficulty using Turnitin at the last minute will not be accepted as an excuse for missing the deadline (except in the event of a verifiable problem with our systems at the relevant time).

Students MUST KEEP A HARD COPY of the answer submitted to Turnitin.

2.   DUE DATE

11 pm Friday 5 March 2021.

3.   RETURN OF ASSESSMENT MATERIAL

Your answer(s), with feedback, can be viewed on vUWS once they are released. Students will be notified via vUWS when this occurs.

4.   CRITERIA AND GENERAL ASSESSMENT REQUIREMENTS

The following will be assessed in your answer:

Learning Outcomes 2 and 3:

  • Identify and demonstrate understanding of key legal concepts.
  • Apply knowledge and understanding of common law and statutory tortious, contractual concepts in order to analyse and solve practical problems.

Presentation & style:

  • Organises a clear and coherent answer
    • Write clearly, accurately and grammatically
    • Punctuates appropriately.

Content and knowledge:

  • Identifies and explains the relevant area of common law and statutory legal systems
    • Integrates relevant cases and legislation to support their answer to the legal problem
    • Applies the legal principles and legislation to the facts of the legal problem
    • Concludes the answer to the legal problems, including any defences, remedies or penalties.

Submission requirements:

Word length A word limit of 1500 words has been set, which excludes references. The word limit will be strictly enforced. There will be a 1-mark penalty for every 100 words in excess of the word limit, or part thereof. For example, an essay that is 1851 words long will be deducted 4 marks. Please remember that this essay has been structured so that a well-considered and scholarly written essay may be achieved within the prescribed word limit.
Format There are strict formatting requirements with which students are required to comply. The unit coordinator reserves the right to refuse to mark essays that are not submitted in accordance with formatting requirements: Do not manipulate the margins of the page.Use Arial 12-point font.Essays must be one and a half spaced or double spaced.Ensure your full name and student number appears on the footer of each page.Number all pages consecutively.Provide a reference list or bibliography.Answer format: Students should use the IRAC/ILAC method of answering the question, ie, Issue, Rule/Law, Application and Conclusion.NOTE: You must use decided cases and/or statutes to support your answers.
Referencing Referencing must be in accordance with the Harvard WesternSydU style.
Only Electronic submission/ Turnitin Students are required to keep a hard copy and electronic copy of all written work, which is submitted. The essay must be submitted electronically via the Commercial Law (PG) Essay Turnitin link on the vUWS site for this unit. Please read the Turnitin Instruction Manual prior to submission. Students may not hand in hard copies. No other method of essay submission will be accepted. Further information in regard to the
submission of the essay will be posted in the assessment folder of the vUWS page.
NO      Essay cover sheet Please do NOT affix an Essay Cover Sheet to your essay. By uploading a submission into Turnitin students certify that: (1) they hold a copy of the essay, if the original is lost or damaged; (2) no part of this essay or product has been copied from any other student’s work or from any other source, except where due acknowledgement is made in the essay; (3) no part of the essay/product has been written/produced for the student by any other person, except where collaboration has been authorised by the unit lecturer concerned; and (4) they are aware that this work may be reproduced and submitted to plagiarism detection software programs for the purpose of detecting possible plagiarism ,which may retain a copy on its database for future plagiarism checking.
Late submission Late essays must be submitted to the Late Commercial Law (PG) Essay Turnitin link on the vUWS site for this unit. No other method of late essay submission will be accepted. A student, who submits a late assessment without approval for an extension, will be penalised by 10% per day up to 10 days, i.e. marks equal to 10% of the essay’s weight will be deducted as a ‘flat rate’ from the mark awarded. For example, as the essay has a possible highest mark of 25, the student’s awarded mark will have 2.5 marks deducted for each late day. Saturday and Sunday are counted as two days. Assessments will not be accepted after the marked assessment task has been returned to students, who submitted the task on time.
Extension of due date for submission The essay is to be submitted via Turnitin by the due date and appointed time. Extensions will only be granted in the event of serious illness or serious misadventure (proved to the satisfaction of the unit coordinator) that prevents you from completing the assessment by the due date. If students need to apply for a short extension of time to complete an assessment item, they should complete the ‘Request for Extension’ form available from the vUWS website at Student Forms. This form needs to be submitted three days before the due date of the essay. An application for an extension does not automatically mean that an extension will be approved. Please notify your unit coordinator via email that you have applied, as notification of e-forms can take up to 48 hours. Where special consideration is sought for circumstances involving more than three consecutive days or more than five days within a teaching period, students should complete a ‘Special Consideration During Teaching Session’ application available through eForms via MyUWS.

Marking criteria and standards:

Fail (0-49%) The student’s performance fails to satisfy the learning requirements specified. For example, poor knowledge or application of the law, irrelevant discussion, poor standard of presentation and inaccurate referencing.
Pass     (50- 64%) The student’s performance satisfies all of the basic learning requirements specified and provides a sound basis for proceeding to higher-level studies in the subject area. The student’s performance could be described as satisfactory.
Credit   (65- 74%) The student’s performance, in addition to satisfying all of the basic learning requirements specified, demonstrates insight and ability in analysing and applying relevant skills and concepts. The student’s performance could be described as better than competent.
Distinction (75-84%) The student’s performance, in addition to satisfying all of the basic learning requirements, demonstrates distinctive insight and ability in analysing and applying relevant skills and concepts, and shows a well-developed ability to synthesise, integrate and evaluate knowledge. The student’s performance could be described as distinguished.
High distinction (85%+) The student’s performance, in addition to satisfying all of the basic learning requirements, demonstrates distinctive insight and ability in analysing and applying relevant skills and concepts, and shows exceptional ability to synthesise, integrate and evaluate the law. The student’s performance could be described as outstanding.

QUESTION 1                                                                                   18 Marks

Patrick had always wanted to try para-sailing. Parasailing involves becoming airborne by means of a parachute being towed at high speed by a boat. Patrick attended the office at Sky Thrills Pty Ltd, a provider of para-sailing activities and training, with the intention of trying para-sailing. Patrick signed a contract which provided, among other things, for basic training to a satisfactory level of competence and a statement that para-sailing is a sport which carries risks of injuries. The contract did not provide for any waiver of liability by Sky Thrills for harm resulting from failing to exercise reasonable care and skill in the provision of this activity.

Patrick duly completed the required training and safety procedures. One of the safety procedures that was emphasised in training was only to use the parachute release lever while on the ground or in the water and not otherwise.

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