| Subject Code | LAW100 |
| Subject Name | Business Law |
| Assessment Number and Title | Assessment 3– Research Report (PartA&B) |
| Assessment Type | Individual |
| Length/Duration | 2,000 words maximum, no ±10%, and excludingreferences |
| Weighting% | 30% |
| Total Marks | 100 |
| Submission | Online Submission via Turnitin for the writtenreport |
| Due Date | Weeks 10, Midnight, Sunday - at the end of theweek 10 before/by 11:59pm. |
| Format | A written report in Microsoft Word format (NotPDF) |
This assessment's purpose is to give students an understanding of business law-related concepts.Students will do deep dive analysis on business law concepts,the‘unfair terms’in the contract law and the requirement of personal data and information protection by business organisations while dealing with both internal and external clients.
In business,accountants,managers,and financial analysts are required to understand how businesses or a particular business operates and how the Australian Contract Law play sinkey role in the business operation.
Late penalties apply at the rate of 10% of the assessment mark per day late, to a period upto five days after the due date of the assessment.
This assessment will be discussed in workshops during classtime.
Students must come to workshops prepared with work they have completed so they can ask relevant questions to assist their group in completing this assignment accurately and on time.
Academic Integrity? Link to Policy here or academic integrity module?
It is the student’s responsibility to ensure that you demonstrate academic integrity. Take the time to find out more by visiting PIA’s PoliciesandProcedures site.
By submitting your assessments,you acknowledge that this is your own work
–that you have undertaken the assessments yourself and without any assistance from any other person or any website or other resources which are not specifically permitted. Also, you have not shared any aspect of your assessments or answers with other students or helped them in anyway.
In business organisations’ day-to-day business activities and dealings with multiple parties,many contracts are signed between two or more parties for the smooth operation of the business.The importance of a legally bound contractual agreement has always remained crucial. In business, a contract is an agreement made between two or more parties intended to be legally enforceable. A contract arises when one party makes an offer, and the other party communicates acceptance of that offer. In simple terms, a contract is any agreement intended to be enforceable by law. A contract is considered legally enforceable when it in corporates the key features and six essential elements: Offer, Acceptance, Awareness,Consideration, Capacity and Legality. The process of getting all necessary parties to sign a finalized agreement is called contract execution.The unfair contract terms provisions apply to standard form consumer contracts.
A standard form contract will typically be one prepared by one party (offeror) to the contract and not negotiated between the parties (offeree). It is offered on a ‘take it or leave it’ basis.Upon an appeal regarding any legal dispute between parties, a court can declare the term of a standard form consumer contract to be unfair. Once a term is declared to be unfair, it will be void(not operative).Individuals can apply to a court to have the standard form contract term declared unfair and void.Based on the above discussion,
Critically discuss the regulation of“unfair terms”in Contract Law.
You are required to use case law(s) and Australian Consumer Law (ACL) to elaborate and justify your answer.(1000 Words).
ThePrivacyAct1988isacornerstoneofdataprotectionandprivacyregulationinAustralia.It outlines how personal information should be handled by both public and private sector organizations. Analysing and critically discussing the need for such regulations, especially in the context of business dealings with third-party providers, involves understanding the key principles of the Act and the potential risks and benefits associated with collecting,generating,storing,accessing,using or sharing data and information.
Based on the above statement,analyse and critically discuss the need for data protection and privacy regulations of clients in business dealings with third party providers under the Privacy Act 1988. (1000 Words)
In your answer it is recommended to include (but not limited to) the following points to support your explanation:
Structure of your assessment:
Please follow the formal report structure to complete your report. Please see the sample template:
| 1.A Cover Page |
| 2.A Table of Content |
| 3.An Executive Summery |
| 4.Introduction |
| 5. Body |
| 6. Conclusion |
| 7.Recommendations(Optional) |
| 8.Referencing |
| 9.Appendix(Optional) |
| Marking Criteria | HD (High Distinction)85-100% | D (Distinction)75-84% | C (Credit)65-74% | P (Pass)50-64% | F (Fail)0-49% |
Criteria 1 Legal Concepts and Capacity to make a strong argument in writing
40%Weighting | Demonstrated a sophisticated understanding and knowledge of legal concepts Makes unclear and/or in coherent and/or in sufficient argument in response to the question. Structure of argument difficult to discern | Demonstrated highly developed understanding and knowledge of the legal concepts Makes clear and sound argument in response to the question. Structure of argument discernible | Demonstrated thorough understanding and knowledge ofthe legal concepts Makes clear and well-developed argumentin response to thequestion Structure of argument discernible and well developed | Demonstrated satisfactory knowledge of the legal concepts Makes clear and sound argument in response to the question. Structure of argument discernible | Demonstrated no or little knowledge of the legal concepts Makes unclear and/or in coherent and/or insufficient argument in response to the question. Structure of argument difficult to discern |
Criteria 2
Identification and knowledge of the relevantlegaland policy issues Critically analysethe nature of law by applying theory
30%Weighting | Strong articulation of relevant legal and/or policy issues Makes very advanced connections between the details of legal and/or policy issues and theory Advanced description of relevant theories. Advanced ability to explain key theories Very strong ability to critically analyse and apply theory | Strong articulation of relevant legal and/or policy issues. Makes advanced connections between the detail of legal and/or policy issues and theory Very good description of relevant theories Particularly good ability to explain theories Strong ability to critically analyse and apply theory | Correctly articulates relevant legal and/or policy issues.
Makes in-depth connections between the detail of the legal and/or policy issues and theory Good description of relevant theories,good ability to explain theory's good ability to critically analyse andapplytheory. | Correctly describes relevant legal and/or policy issues to a limited depth Confuses some lega land/or policy issues or shows significant gaps in legal knowledge Sound description of relevant theories. Sound ability to explain theories. Basic ability to critically analyse and apply theory. | Shows significant confusion or lack of understanding of relevant legal and/or policy issues. Poor description of relevant theories In ability to explain key theories In ability to critically analyse and apply theory |
| Criteria 3 Research 20%Weighting | Demonstrated substantial and extensive research by thoroughly supporting work with an adept selection and range of relevant sources. | Demonstrated substantial research by supporting work with a comprehensive selection of relevant sources. | Demonstrated substantial research by supporting work with a sufficient selection of mostly relevant sources. | Demonstrated a basic level of research by supporting work with an adequate selection of sources. | Evidence of research is missing, or research lacksfocus and/or have chosen unsuitable or fictitious sources, which do not support the work or link to the required assessment task. |
| Criteria 4 Structure,grammar and referencing.10%Weighting | Logically and succinctly structured the content to create a cohesive and coherent analytical piece of work. Used plain English. Consistently adhered to grammar and punctuation conventions.No spelling errors. Accurately and consistently adhered to the Australian Guide to LegalCitation. | Logically structured the content to create a cohesive and coherent analytical piece of work. Used plain English. Generally adhered to grammar and punctuation conventions. Always adhered to the Australian Guide to Legal Citation. | Logically structured the content to create descriptive pieces of work. Occasionally used plain English.Mostly followed grammar and punctuation conventions. Mostly followed the Australian Guide to Legal Citation. | Partially structured the content into loosely linked rudimentary paragraphs to create a comprehensible descriptive piece of work. Occasionally used plain English. Mostly followed grammar and punctuation conventions. Followed some of the Australian Guide to Legal Citation. | Partially structured the content. Usedlanguage thatwas difficult to understand or not suited for the task.Did not accurately proofread the work before submission. Only loosely followed the AGLC. |
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