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\nASSESSMENT 2 \u2013 LAW1100 \u2013 COMMERCIAL LAW \u2013 T3, 2020
\nUnit LAW1100 \u2013 Commercial Law
\nDue date: Week 5, 17 January 2021 before 5PM (Melbourne Time)
\nGroup\/individual: Individual
\nWord count \/ Time
\nprovided:
\n2,000 words
\nWeighting: 30%
\nUnit Learning
\nOutcomes:
\nULO-2, ULO-3, ULO-4, ULO-5, ULO-6
\nSubmission Submit via Moodle
\nAssessment 2 \u2013 Description
\nAssessment two has five problem questions. You must answer all questions. You are
\nrequired to support your answers by giving examples, and by applying the relevant laws
\nand concepts.
\nQuestion 1
\nMs Sarah works at an Infinity Bar near Melbourne CBD. It was her day off when Ms Sarah
\nwent for a drink with her long time friend. Ms Sarah was intoxicated, and It was around 11PM
\nwhen she accepted an offer for the purchase of a used TV from her friend. Ms Sarah happily
\naccepted the offer and she paid cash to her friend. Next day she wakes up she realized she
\nhas concluded a contract for the purchase of an old TV, and she is unhappy, and she now
\nwants to cancel the contract. Advise Ms Sarah if she can cancel the contract and on what
\ngrounds. (6 Marks)
\nQuestion 2
\nZion is a start-up company, and it is going to manage many contracts for the sale of many of
\nits skin care products that promise to deliver effective solutions for different skin problems.
\nZion\u2019s Sales Manager is eager to know more about contracts. By giving two examples, explain
\nthe difference between a contractual term which is considered as a condition and a
\nPage 2 of 3
\ncontractual term which is considered as a warranty. Is there any difference in the remedy
\navailable to the parties if a condition rather than a warranty has been breached? (6 marks)
\nQuestion 3
\nClever Pty Ltd is a well known factory that produces different underwear and Pyjamas. Mr
\nMark purchased three underwear from Clever\u2019s store located in the city and the underwear\u2019s
\nare produced by Clever Pty Ltd. Mr Mark used the underwear\u2019s and slowly Mr Mark was able
\nto realise that he has developed a skin condition that requires him to obtain a prolonged
\nmedical treatment. Consequently, Mr Mark is unbale to continue his truck driving job anytime
\nsoon. By applying the law of tort, advise if Mr Mark can claim against the company any
\ndamage. You are required to apply tort law in detail here. (6 marks)
\nQuestion 4
\nPeter, an insane person, concluded a contract with Thomasfor the purchase of a unique chair
\nand a table for $400. The price paid for both of the items was fair and reasonable. At the time
\nthe agreement was made, Peter seemed to be a normal person. Subsequently, Peter refused
\nto take delivery of either the table or the chair, or to pay for them. Thomas wishes to know
\nwhether he can recover damages for breach of contract from Peter. (6 marks)
\nQuestion 5
\nElsa who just turned 18 years old last month is preparing to conclude a contract for the
\npurchase of a bicycle from her aunty. Elsa wantsto know what kind of things might constitute
\ngood consideration so that the contract becomes binding. Advise Elsa. (6 marks)
\nPage 3 of 3
\nMARKING RUBRIC
\nPerformance Indicators High Distinction Distinction Credit Pass Fail
\n80-100% 70-79% 60-69% 50-59% 0-49%
\nKnowledge of the relevant
\nlaw and Research (15
\nmarks)
\nClear and accurate
\ndemonstration of key
\nrelevant law. Located,
\nevaluated and synthesized
\nan extensive range of
\nhighly relevant
\ninformation, law, and
\ncases that substantially
\nsupported the analysis.
\nClear and almost accurate
\ndemonstration of the key
\nrelevant law. Located,
\nevaluated and synthesised a
\nrange of relevant
\ninformation, law and cases
\nthat supported the analysis.
\nSome demonstration of
\nknowledge of relevant
\nlaw. Located, evaluated
\nand incorporated a range
\nof relevant information,
\nlaw and cases that
\nsupported the analysis.
\nLimited demonstration of
\nrelevant law. Located and
\nused partly relevant
\ninformation, law and cases
\nthat provided some support
\nfor the analysis
\n.
\nLittle demonstrated
\nknowledge of relevant law.
\nUsed information, law and
\ncases from sources that was
\nnot relevant to the analysis.
\nDiscussion and Analysis (10
\nmarks)
\nPresent a comprehensive
\nand sophisticated
\ndiscussion of relevant
\nissues and application of
\nthe law to the issues.
\nPresented a comprehensive
\ndiscussion of relevant issues
\nand application of the law to
\nthe issues.
\nPresented a good
\nunderstanding of relevant
\nissues and application of
\nthe law to the issues.
\nPresented a general
\nunderstanding of relevant
\nissues and application of the
\nlaw to the issues.
\nFailed to illustrate an
\nunderstanding of relevant
\nissues and application of the
\nlaw to the issues
\nClarity of Expression and
\nproper citation of references
\n(5 marks)
\nWriting shows excellent
\nclarity and cohesion.
\nPoints have been skilfully
\nparaphrased. There are no
\nor very few errors in
\nspelling, grammar and
\npunctuation.
\nWriting shows good clarity
\nand cohesion. Points have
\nbeen paraphrased well.
\nThere are few errors in
\nspelling, grammar and
\npunctuation.
\nWriting is clear and
\ncoherent. Most points have
\nbeen paraphrased well.
\nThere are some errors in
\nspelling, grammar and
\npunctuation.
\nWriting is generally clear
\nwith some lapses in
\ncoherence. Some points have
\nbeen paraphrased well.
\nThere are some errors in
\nspelling, grammar and
\npunctuation.
\nWriting lacks clarity and
\ncoherence. Points have not
\nbeen paraphrased well.
\nThere are many errors in
\nspelling, grammar and
\npunctuation.
\nTotal Mark: \/30
\nComments:<\/p>\n","protected":false},"excerpt":{"rendered":"
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