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FINAL EXAM– LAW1100 – COMMERCIAL LAW – T3, 2020

Unit LAW1100 – Commercial Law

Due date: 2 February 2021 at 6PM (Melbourne Time)

Group/individual: Individual

Weighting: 50% Unit Learning Outcomes:

ULO-1, ULO-2, ULO-3, ULO-4, ULO-5, ULO-6, ULO-7

Submission Submit via Moodle or email [email protected]

Exam Questions Exam Questions will be available on 1st of February 2021 at 9AM, Melbourne Time

Oral Test The Oral Test part of this Exam is scheduled on 3rd of February 2021 at 11AM, Melbourne Time

FINAL EXAM – Description

The Final Exam has three parts. You must answer all questions under Part 1 and Part 2,

and you must attend the Oral Test. You are required to support your answers by giving

examples, and by applying the relevant laws and concepts.

PART 1 – SHORT ANSWER QUESTIONS – 20%

1. Explain the essential elements of a contract (4 marks)

2. Discuss the different remedies for a breach of a contract (4 marks)

3. By giving example, explain the purpose of the ‘separation of powers’ doctrine? (4

marks)

4. What are the grounds that can be used as a defence in tort law actions? Explain how

the grounds can help to reduce the amounts of damage. (4 marks)

5. Explain the different ways under which business law regulates business and

commercial transactions. (4 marks)

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PART 2 – CASE QUESTIONS – 25 %

1. A school building is being renovated and some scaffolding has been placed against the

building. The scaffolding construction has not yet been finished and work on the actual

building is yet to commence. The students at the school are allowed to eat their lunch

and play around the school grounds during the lunch break. Two teachers are required

to patrol the school yard, taking turns for each half of the lunch break. The school has

a list of teachers who need to do ‘yard duty’, but due to an oversight, the teacher creating

the timetable did not realise that one of the teachers allocated to yard duty was in fact

away sick. The school yard does not have a teacher on duty for the second part of

lunchtime for students. A few students climb up the scaffolding, and one student falls

from the top of the scaffolding and is injured. What is the liability of the school in this

situation under tort law? (5 Marks)

2. Mr. Peter lives in a remote area called Debbo in the New South Wales. Mr Peter’s

usually business is to bred horses and to sale. It was in a week of business festival in

Sydney that Mr Peter was displaying his horses that he intends to sale. The display was

on the screen and buyers choose the houses based on the photo and the video being

displayed. Ms Eliana chose one of Peter’s horses named Banko. Banko is 5 years old,

brown, and tall. Ms Eliana was very happy to find her dream horse. They concluded the

contract on the 16th of January 2021. Unknown to Mr Peter, Banko has died on the early

morning of 16th of January 2021. Explain to Mr Peter the legitimate grounds under

which the contract can be cancelled. (5 Marks)

3. Gazza purchases a new electric shaver which states on the package that it is waterproof

and can be used with foam and water. Gazza pays $100 for the shaver; he takes it home

and uses it the next morning. The shaver works for a few minutes but then stops with a

number of sparks flying out of the handle. Gazza takes the shaver back to the shop and

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explains that he does not want the item, that it no longer works, and he believes it to be

dangerous. The salesperson explains to Gazza that the shaver is waterproof but not to

be immersed in water and given that he had not used the product appropriately, he could

not expect a refund. Gazza is told to take up the matter with the manufacturer.

What are Gazza’s rights under consumer law? (5 Marks)

4. An Australian company agreed to pay an agent $180,000 to help the company win a

major contract in Indonesia. It also authorised the agent to pay bribes of over $350,000

to Indonesian officials. The company won the contract but only paid the agent $81,000.

The agent sued for the remaining $99,000. Advise the Agent whether the court will

enforce the agreement between the Agent and the Company. (5 Marks)

5. Ms Martha purchased three small children chairs for her three children from ALPHA

Pty Ltd located in Sydney. The chairs have bright colours and her children loved using

them. It was only three weeks since the chairs are being used. While Ms Martha’s

second child – Abel stood on one of the chairs, the chair fall apart and Abel’s back was

injured. Little Abel is spending months at the Hospital as his back injury needs multiple

medical treatment. Ms Martha is frustrated as she has to take time off from her work

and the medical expenses are too much. Based on contract law or tort law, Advise Ms

Martha if she has any business law solutions to her problems. (5 Marks)

PART 3 – Oral Test – 5%

Your Oral Test covers all the topics of the Unit. The Oral Test is scheduled for 3 February

2021 at 11AM Melbourne Time.

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MARKING RUBRIC

Performance Indicators High Distinction Distinction Credit Pass Fail

80-100% 70-79% 60-69% 50-59% 0-49%

Analysis and accuracy of

answer – demonstrated

knowledge. (40 Marks)

Demonstrated exceptional

understanding of

Australian Business Law

concepts and their

practical application with

necessary adjustments.

Demonstrated very good

understanding of Australian

Business Law concepts and

their practical application

with necessary adjustments.

Demonstrated good

understanding of

Australian Business Law

concepts and their

practical application with

necessary adjustments.

Demonstrated reasonable

understanding of Australian

Business Law concepts and

their practical application

with necessary adjustments.

.

Demonstrated Inadequate

and poor understanding of

Australian Business Law

concepts and their practical

application

Clarity of Expression

and appropriate

referencing (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.

Oral Test (5 Marks)

Accuracy of answer to

questions

Accurately answered all

questions posed.

Accurately answered almost

all questions posed.

Accurately answered most

of the questions posed.

Accurately answered some

of the questions posed.

Has not accurately answered

most of the questions posed.

Total Mark: /50

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