You must answer the two problem-type questions below, using the ILAC (Issues, Law, Application, Conclusion) format, a worked example of which is in the Resources folder.Please note that the word limit of 2 000 words is a total for both questions (ie, it is not 2 000 words for each question). This is a firm limit- assignments with greater than 2 000 words will lose 1 mark for excessive length. I would however expect that students should be able to answer both questions in far less than 2 000 words. Your bibliography is not included in the word limit but in-text references are.**In this subject, assignments are marked on-line, using an adapted MS Word programme. You therefore MUST submit your assignment in Word format, NOT as a PDF document. If you submit in PDF it will not be able to be marked.**
Question 1 (10 marks)
Road Measuring Professionals is a surveying firm based in Newcastle, NSW. Its major client is the New South Wales government, for whom it surveys roads that are under construction. Smith, Jones and Peters have been partners in the firm for some time. There is an agreement between them limiting the authority of the partners to contracts up to $ 10 000. Smith has often purchased surveying equipment on behalf of the firm from Sydney Engineering Supplies, dealing with its manager, Mary.
Smith buys a surveying instrument costing $ 11 000 from Mary. It is delivered on 5 June, and the firm receives an invoice for the contracted amount.
Smith has always wanted the firm to branch into road transportation, as he is also a qualified truck driver, but his partners have continually rejected such a move. Hoping to demonstrate to them the profitable nature of such work, Smith signs a contract on behalf of the firm to buy an old truck from Used Trucks Ltd for $ 8 500. The firm has received an invoice for the truck, which is due to be delivered on 6 June.
Jones and Peters are angry when they see the invoices, and have told both Mary and Used Trucks Ltd that the firm will not pay them. Advise Mary and Used Tricks Ltd as to their legal position, citing relevant law.
Question 2 (10 marks)
David Bradbury used to run a second-hand car yard as a sole trader. However, as part of a sentence for fraud imposed by a court two years ago, David was prohibited from “buying and selling new or used vehicles” for a period of five years. Breach of this order is prosecutable as contempt of court.
David is however desperate to go into business again. He hears that a good opportunity exists to start a second-hand car dealership in a suburb of Sydney. He also hears that a vacant lot is available for lease. Because several other businesses are eager to lease it, he rushes to the owner of the site, Cenvest Real Estate Ltd, and signs a 1-year lease for $ 50 000 on 5 January. Occupation of the premises and payment of the $ 50 000 are due to take place on 1 February. He signs the lease “David Bradbury, as Managing Director, Sydney Auto Group Pty Ltd”. On 10 January he goes to ASIC and registers Sydney Auto Group Pty Ltd. On the ASIC documentation he is listed as sole shareholder and as Managing Director. Sydney Auto Group Pty Ltd starts trading the next day, operating from David’s back yard, buying two old Mercedes cars and selling them to vintage car collectors a few days later. All contracts are signed “David Bradbury, as Managing Director, Sydney Auto Group Pty Ltd.”
On 15 January, David decides that the company needs extra capital, and so his three brothers, Christopher, Anthony and Richard each contribute $ 70 000 to the business in exchange for shares and a position on the board. When the board first meets on 17 January, Christopher is elected Managing Director. At the meeting Christopher, Anthony and Richard say that $ 50 000 is too much for the lease and decide that the company should lease a different lot for $ 30 000. They send a letter to Cenvest Real Estate Ltd stating that Sydney Auto Group Pty Ltd refuses to move its business to the vacant lot and refuse to pay the $ 50 000.
David is facing prosecution for contempt of court and has been sued for breach of contract by Cenvest Real Estate Ltd. Advise him on his legal position, citing relevant legal authority.
In answering this assignment, you should restrict your research to the law covered in Topics 13 and 14 only.
**Please check that your assignment complies with the rules in the Style Guide (which appears after the marking rubric for Assessment 2) before you hand it in.**
Online submission via Turnitin is required for this assignment. Details will be provided by your subject lecturer.
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SUBJECT LEARNING OUTCOMES
This assessment task will assess the following learning outcome/s:
and more specifically:
GRADUATE LEARNING OUTCOMES
This task also contributes to the assessment of the following CSU Graduate Learning Outcome/s:
MARKING CRITERIA AND STANDARDS
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|Students are required to demonstrate the following in answering problem-type questions:||To meet this level you will achieve a cumulative mark of 85-100%. A mark in this range indicates that a student:||To meet this level you will achieve a cumulative mark of 75-84%. A mark in this range indicates that a student:||To meet this level you will achieve a cumulative mark of 65-74%. A mark in this range indicates that a student:||To meet this level you will achieve a cumulative mark of 50-64%. A mark in this range indicates that a student:||At this level you will obtain a mark of 0-49%. A mark in this range indicates that a student:|
|Identification of relevant legal issues||Correctly identifies all legal issues and formulates them clearly with consideration of all links to relevant law with no errors.||Correctly identifies all legal issues and formulates them with consideration of links to relevant law, with only minor errors.||Identifies and correctly formulates most major legal issues, taking into consideration most links to relevant law.||Identifies some legal issues, with some errors in formulation.Considers some links to relevant law.||Identifies no relevant issues or only a few of them. Some of these may be unclearly formulated. Considers few links to relevant law.|
|Explanation of law, citing relevant legal authority||Provides a complete explanation of the law with no errors. Explains all relevant legal authority.||Provides an explanation of almost all points of law with few errors, substantiated by most of the relevant legal authority, with only minor errors.||Provides an explanation of most points of law with few errors, substantiated by citation of most of the relevant legal authority with few errors.||Provides a basic explanation of the law, but with some errors, substantiated by limited legal authority.||Provides incorrect or limited explanation of the law using little legal authority.|
|Application of legal principles to the facts||Applies the law to the facts so as to address all issues with no errors. Argument discusses linkages between facts and the law and considers counter-arguments. Conclusion clearly draws together arguments.||Applies the law correctly to the facts so as to address all issues, with only minor errors. Argument discusses linkages between facts and the law. Conclusion draws arguments together.||Applies the law correctly to most issues arising from the facts, but with some errors. Argument summarises application of the law. Conclusion summarises arguments.||Makes a basic attempt to apply the law to the facts, but applies wrong law and / or contains significant errors in the application.Resultant answer is incomplete.||Paper does not correctly apply law to the facts and / or applies incorrect law. May be descriptive, rather than putting forward a reasoned argument.|
|Compliance with the Style Guide and overall structure.||Uses Style Guide comprehensively, accurately and consistently. Uses ILAC model. Extremely well structured and organised, with one main argument introduced per paragraph, supported by well-written supporting sentences.||Uses Style Guide accurately and with only minimal errors.Uses ILAC model. Well structured, with some differentiation of arguments between paragraphs.||Use of Style Guide, with some errors or lapses. Uses ILAC model and is clearly structured.||Limited or inconsistent use of Style Guide. Some attempt at use of ILAC model and in structuringanswer but with errors.||Poor, inconsistent or inaccurate use of Style Guide. Poorly structured. Inadequate or no use of paragraphs. May have disregarded the ILAC model.|
|Written expression and editing.||Uses appropriate academic writing which is formal, impersonal and which contains no spelling, grammar and punctuation errors. Paper demonstrates careful proofreading.||Uses appropriate academic writing which is formal, and impersonal with only very minor spelling, grammar and punctuation errors. Paper demonstrates careful proofreading.||Uses appropriate academic writing which is formal and impersonal, with a few spelling, grammar and punctuation errors. Paper demonstrates evidence of proofreading.||Significant spelling, grammar and punctuation errors but the paper is readable and demonstrates some attempt at proofreading.||Poor grammar, spelling and/ or punctuation. Paper gives no evidence of having been proof-read.|
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Please comply with the following Style Guide:
1. Do not re-state the question.
2. Use in-text referencing. Do not use footnotes.
3. Names of statutes should be italicised, and followed by the jurisdiction not in italics, for example: Acts Interpretation Act 1901(Cth). Note the abbreviation for ‘Commonwealth’ is ‘Cth’ not ‘Cwlth’.
4. The names of the parties must be italicised, but the citation must not, for example: Smith v Jones(1967) 345 CLR 34.
5. An in-text reference to a book should be structured as follows: (Latimer, 2010, p. 75). There is no need to put the author’s initial. Note the positioning of brackets, stops and commas. You use ‘pp.’ only if referring to more than one page. If you are referring to a book with more than one author, the in-text reference would be as follows: (Smith et al, 2002, p. 78).
6. An in-text reference to the subject’s Modules should be structured in brackets as per the following example – obviously you will alter the reference depending on the subject, year of study and Module number : (CSU LAW220 Modules, 2015, Topic 7).
7. Do not start a new line simply because you are starting a new sentence.
8. Be careful of apostrophes: director’s = of a director, directors’ = of many directors, directors = many directors. Also particularly prevalent is confusion between its (it possessive) and it’s (contraction of “it is”).
9. The following words always start with a capital letter: Commonwealth, State, Act, Bill, Regulation, Constitution, Parliament. Do not unnecessarily capitalise other words.
10. One should not use terms such as can’t, won’t, don’t and shouldn’t, neither should one use “ie” and “eg” in formal writing.
11. A sentence must always begin with a full word and a capital letter – so a sentence would start ‘Section 55 says…’, not ‘S 55 says…’ or ‘s 55 says…’. The abbreviation for ‘section’ in the middle of a sentence is ‘s’.
12. Start each paragraph on a new line, and leave a clear line gap after the preceding paragraph.
13. You must put page numbers on your assignment.
14. Quotations and excerpts from legislation should be indented from the rest of the text in a separate paragraph. The text in quotations should not be in italics.
15. You must end your assignment with a bibliography that is divided into three separate parts, listing statutes, cases and books / articles / on-line Topics.
16. A listing of a book in a bibliography should appear in accordance with the following format: Latimer, P (2010). Australian Business Law, 29th ed, North Ryde: CCH. If listing a book with multiple authors, do so as follows: Heilbron, G, Latimer, P, Nielsen, J and Pagone, T (2008). Introducing the Law, 7th ed, North Ryde: CCH.
17. When listing statutes at the end of your assignment you should conform to the format: Acts Interpretation Act 1901(Cth). List the statute only once – you do NOTlist individual section numbers relied on. You should not list textbooks as the source of Acts – the Act itself is its own source.
18. When listing cases conform to the format: Gordon v Richards(1976) 123 CLR 32.
19. When listing article conform to the format: Jones, J ‘The new analysis of law’ (2010) 4 Journal of Recent Law34.
20. When listing CSU Modules conform to the following format: CSU LAW220 Modules.
21. Make sure that your sentences are grammatical – it may be useful to read your assignment out loud if you have any doubts about this.
PLEASE NOTE THAT YOU WILL LOSE MARKS IF YOU DO NOT COMPLY WITH THIS STYLE GUIDE. I WILL REFERENCE NON-COMPLIANCE BY ANNOTATING YOUR ASSIGNMENT “2”, “5” ETC TO INDICATE WHICH OF THE ABOVE RULES NUMBERED1 – 21 YOU HAVE BREACHED
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