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ASSIGNMENT TWO

CASE STUDY (30%)

The case study which students are required to resolve using the four step process is set out below on pages 6 and 7. 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.

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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:

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

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 student’s 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 3,500 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 4,000 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, 7 January 2019 by 1PM (WST).

Students are required to submit the final version of their assignment to Blackboard through a link provided in the ‘Assignment Two: Case Study Analysis’ folder titled ‘Assignment Two Submission Link’. The assignment will automatically be submitted to the plagiarism detection program, Turnitin.

Prior to submitting the final version of their assignment, students are given the option to submit a draft version/s of their assignment through this ‘Assignment Two Submission Link’ to retrieve an originality report of their assignment (which will tell them how much of their assignment was flagged as similar to other assignments submitted through the system). If multiple versions of an assignment are submitted through this link, then the version of the assignment that was last submitted before the due date/time will be taken to be the final version of the assignment and marked for assessment.

As it concerns the similarity percentage for draft assignments submitted through the system, we understand that there is a reasonable amount of content that may be reflected across multiple assignments, so plagiarism will not be assumed in these cases. Where however the similarity percentage is particularly high (60% or above), steps should be taken by the student to rework the content of their assignment to ensure the originality of the content.

The Unit co-coordinator may post additional information concerning this assignment as announcements on blackboard, so it is the responsibility of the student to check the announcements for the unit on a regular basis.

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.

This assignment will be marked using a rubric. In providing feedback to students using this rubric, markers will detail 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.

Case Study

Connor Worpel is a Human Resources consultant with specific expertise in anti- discrimination policy and practice in the workplace. His consultancy is doing well, but he is always keen to engage new clients and create opportunities.

One Saturday, at his brother Blake’s engagement celebration, Connor is approached by Harry Nash, a business owner, who Connor has met previously at his brother’s 21st Birthday celebration. Harry explains to Connor that he could use Connor’s expertise as he is looking to revamp his employee procedures and bring them up to date. Connor expresses his interest in the work and Harry tells Connor that he is pleased and will email him on Monday with a proposal.

On Monday morning, Harry sends Connor the following email: Dear Connor,

After thinking further about your potential involvement in the employee procedures revamp for my business, I want to bring you on board as Human Resources consultant as I am mindful that new anti-discrimination legislation has been enacted and want to make sure that my business is compliant. The terms of the engagement are that you will provide exclusive services for two weeks, starting on 1st August 2018, working onsite with me and the assistant manager. You will be paid a one off fee of $28,000 which includes undercover parking for the duration.

Please indicate your acceptance in writing by the end of the day or I will assume that you are not interested.

Kind regards Harry Nash.

An hour after the email is sent, Connor reads it and is happy with the terms of the proposal. He drafts an email to Harry detailing his acceptance of the offer, but because of a service interruptions caused by National Broadband Network (NBN) work in his street, Connor’s email is not working and he is unable to send the message to Harry. In desperation, Connor then tries to call Harry on his mobile phone to tell him that he wants the work, but Harry doesn’t answer, and Connor is not given the option to leave a message. As a last resort, Connor drafts a letter to Harry communicating his acceptance of the offer proposed. He then takes the letter to the local post office and posts it at 3.30pm on Monday afternoon.

The letter takes a day to be delivered to Harry and he receives it on Tuesday afternoon.

On Wednesday, Harry realises that he has offered to pay Connor more than he should have (he has spent the morning searching for Human Resource Consultants in his local area and now has a much better understanding of costs and services available) and therefore does not want to engage Connor anymore. He quickly sends an email to Connor (whose email is back on line following the completion of the NBN work in his street) saying that because he didn’t receive Connor’s acceptance by the end of Monday, Connor has missed out on the work according to the original email but thanks anyway. Interestingly, Harry also states in

his email that he never meant for the proposal to be taken seriously anyway because he was only trying to help out his good friend Blake by throwing Connor some work. Connor is most upset upon receiving this email from Harry and calls his lawyer for advice on the situation.

Question (a) 15 marks

Using the four step process, discuss the element of agreement required for the formation of a legally binding contract between Connor and Harry.

and

Question (b) 15 Marks

Assume that the element of agreement required for the formation of a legally binding contract between Connor and Harry can be satisfied. Using the four-step process, consider whether the elements of consideration and intention required for an enforceable contract are present.

Note: Two 4 step process answers should be provided-one for each question

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