Get Cheapest Assignment in Australia, UK, US, UAE, Canada and NZ Order Now

CLWM4000 Business and Corporations Law Assessment

0 Comments

  1. CLWM4000 Business and Corporations Law assignment based on the case study. So all answer must be relevant to case study.
  2. Answer must be given by IRAC (Issues, Rules, Application, Conclusion) method.
  3. Do not need reference list at the end of the assignment.
  4. Only need in text citation in the rules part of the IRAC.
  5. You can use Seperate IRAC for the indivisul sub-question for all three questions or you can include all sub-question in one IRAC for each main questions.

CLWM4000_T1_2021_Assessment_2

Page 1 Kaplan Business School Assessment Outline T1 2021

Assessment 2 Information

Subject Code: CLWM4000
Subject Name: Business and Corporations Law
Assessment Title: Case Study
Assessment Type: Individual Written Report
Word Count 2000 Words (+/- 10%)
Weighting: 30 %
Total Marks: 30
Submission: Via Turnitin
Due Date: Week 9

Your Task
Using the Case Study provided, you will need to undertake an analysis of the various legal
issues that are identified, cite relevant rules applicable to the issues, explain the application of
the rules to the facts/situation in the case scenario using the IRAC method.

Assessment Description
You are required to answer the following three (3) questions, based on the Case Scenario
below

Assessment Instructions
• Your assessment is to be submitted via Turnitin in WORD format. “PDF
submissions will not be accepted”
• You must follow the KBS presentation guidelines.
• Please refer to the assessment marking guide to assist you in completing all the
assessment criteria and for information on the use of references and legal citations.

Page 2 Kaplan Business School Assessment Outline T1 2021

CASE SCENARIO
Julia Brennan is an Australian Super Model who had started on an intensive fitness program
to prepare for her new TV Commercial that will advertise a new type of gym equipment.
She knows that she needs to be super fit. In addition to her fitness program, she decided to
consultant dietician about what sort of food she should eat to accelerate her program. The
dietician suggested that she have at least one protein smoothie every day. She had done a
bit of research to find out what might be the best type of blender for her to buy. When she
went to the local electrical store, she found that the only blenders that they had for sale did
not meet her needs as they were no powerful enough for smoothies.
So, she decided that she needed to go to a larger store. She had heard good things about,
the “Super Big Brand Store” so decided to go there to purchase a blender that met her needs.
She was very happy to find that the blender was on sale at the “Super Big Brand Store” The
Sale Sign stated “Buy it today and you will get 50% off” it is high quality, superb, safe and
durable. You won’t regret it”.
When she went to the counter to pay for it, she was informed by the Sales Assistant that the
blender was not on sale for 50% off as the Sale Sign had stated.
The Sales Assistant told her “sorry that was yesterday, and I cannot give you 50% discount!
Julia was in a hurry and she just wanted to get started as soon as possible with her protein
shakes, so she bought it and kept her receipt. She went back home, she plugged it in and as
soon as the blender started the upper lid came straight off as did the sharp blender blades.
Unfortunately, the blades injured her right hand and she needed to go straight to the Hospital
Emergency Department. The Doctor told her that she would need stitches in her hand, and
she would be unable to use her hand for four weeks unless the cut had healed, and the
stitches could be removed.
Julia was very upset when she realised that she would not be able to participate in the
planned TV Commercial and that another Super Model would have to take the job. She would
also lose the $12,000 that was the agreed payment for the commercial.
Three weeks after the accident, Julia went back to the “Super Big Brand Store” to complain
about the blender and about the injury to her hand finger! While she was waiting for the Store
Manager, she noticed that the same Sales Sign was displayed “Buy it today and you will get
50% off” it is high quality, superb, safe and durable. You won’t regret it”.
She asked the Sales Assistant whether the blender was 50% off as the Sales Sign had stated.
The Sales Assistant responded, “Sorry that was Yesterday”. She realised that the displayed
Sales Sign did not mentioned the date, so it was difficult to figure out why the Sales Assistants
kept saying “Sorry that was Yesterday”. She started to suspect that there was something
wrong with the way that the store was operating. Instead of waiting for the Store Manager,
she decided to call a Solicitor from the firm “Injuries at Law” for legal advice.

Page 3 Kaplan Business School Assessment Outline T1 2021

QUESTION 1 – Contract Law (10 Marks)
• Please advise Julia, if she entered in a contract with the “Super Big Brand Store.”
o In your answer explain the meaning of Contract and which elements need to
be satisfied to be in a simple contract and how to identify if this contract can
be invalided.
o You will need to address all the “essential elements of a simple contract”
including (Offer and acceptance, intention and consideration) as well as
“elements of a valid contract” (Capacity, Legality, Genuine Consent, Mistake,
Misrepresentation, Durres, Undue Influence and Unconscionability and
explain if Julia can invalidate the contract.
o You will also need to address and explain what sort of remedies she will be
entitled if she decides to void the contract and how long she will have to
exercise legal actions under the Contract Law in Australia.

QUESTION 2 – TORT LAW (NEGLIGENCE) (10 Marks)
• Please advise Julia, if she has a claim under the tort of negligence.
o You need to address all the “essential elements under the tort of negligence”.
o You also need to address if the “Super Big Brand Store” has any defences
under the tort of negligence.
o Explain what sort of remedies she will be entitled to claim under the tort of
negligence and how long she will have to exercise legal actions under the tort
of negligence in Australia.

QUESTION 3 – Australian Consumer Law (10 Marks)
• Please advise Julia, if “Super Big Brand Store” breached her Australian Consumer
Law Guarantees under the Competition and Consumer Act 2010 (Cth) Schedule 2.
o You need to justify your view as to whether these guarantees are available.
Don’t forget to explain if Julia will be entitled to claim the remedies and
o You also need to explain if the “Super Big Brand Store” will have to pay
penalties under the Competition and Consumer Act 2010 (Cth) Schedule 2.
o You need to address, how long she will have to exercise legal actions under
the Australian Consumer Law in Australia.

Page 4 Kaplan Business School Assessment Outline T1 2021

Important Study Information

Academic Integrity Policy

KBS values academic integrity. All students must understand the meaning and
consequences of cheating, plagiarism and other academic offences under the Academic
Integrity and Conduct Policy.

What is academic integrity and misconduct?
What are the penalties for academic misconduct?
What are the late penalties?
How can I appeal my grade?

Click here for answers to these questions:
http://www.kbs.edu.au/current-students/student-policies/.

Word Limits for Written Assessments

Submissions that exceed the word limit by more than 10% will cease to be marked from
the point at which that limit is exceeded.

Study Assistance

Students may seek study assistance from their local Academic Learning Advisor or refer
to the resources on the MyKBS Academic Success Centre page. Click here for this
information.
http://www.kbs.edu.au/current-students/student-policies/
https://elearning.kbs.edu.au/course/view.php?id=1481

Page 5 Kaplan Business School Assessment Outline T1 2021

Assessment Marking Guide

QUESTION 1
Criteria F (Fail)
0-4 Marks
P (Pass)
5-Marks
CR (Credit)
6-7 Marks
D (Distinction)
8-9, Marks

HD (High Distinction)
10 Marks

Mark

Assessment Content
CONTRACT LAW
Demonstrated
understanding of the key
concepts of Contract
Law.
Little or poor demonstrated
understanding of the key
elements of Corporate Law.
An attempt at demonstrated
understanding of the key
elements of Corporate Law.
A good attempt at
understanding of the key
elements of Corporate Law.
A very good attempt at
understanding of the key
elements of Corporate Law.
An excellent understanding of
the key elements of Corporate
Law.
(3 Marks)
Discussion of the key
elements of a valid
contract and their
application to the Case
and if Julia can invalidate
the contract.
Overall discussion of the key
elements of valid contracts
and application to the Case
Study was either poor or non-
existent
Overall discussion of the key
elements of valid contracts
and application to the Case
Study was adequate but
improvement needed.
Overall discussion of the key
elements of valid contracts and
application to the Case Study
was good.
Overall discussion of the key
elements of valid contracts
and application to the Case
Study was very good.
Overall discussion of the key
elements of valid contracts and
application to the Case Study
was comprehensive and
detailed.
(3 Marks)
Provision of advice to
Julia on the available
remedies and their
limitations using a legal
argument.
Advice shows some
understanding but is
incomplete and inconsistent.
Overall Legal Arguments