Australian Commercial Law

Paper , Order, or Assignment Requirements

PART A (10 marks – 600-800 words) You have to choose one of the following questions: EITHER: Question 1 Provide a summary of the constitution that your tribe developed in Workshop 1, Tasks 1 and 2, explaining how it addresses the requirements for Hart’s 3-part legal system. OR: Question 2 Research a legal system of a foreign country and explain how it addresses the requirements of Hart’s 3-part legal system. (If you do this question, you will need to provide a reference list). PART B (10 marks – 600-800 words) Question 3 Compare the legal system you described in Part A to the Australian legal system, showing how they are similar and how they differ. In your conclusion, state your opinion on which difference between the legal systems would have the biggest effect in practice. PART C (10 marks – YouTube video about 5 minutes in length, but length can be a little longer if the case has a lot of important points) In this part, your task is to research a case and report to your supervising partner (your boss!) on the significance of the case to the Australian law of contract. You MUST do the report as a YouTube video and the link for the video must be included in your assignment. Your YouTube video must be set to either ‘Public’ or ‘Protected’ so that the marker can view it. If the link does not work for the marker, you get no marks for this part. You MUST choose a case relating to the law in one of modules, 3 ,4 or 5 of the course. It must be a case referred to in either the textbook or the Class Notes. (Cases in the Class Notes that are not in the textbook may be found in alternative textbooks on Business Law or Commercial Law). Your assignment must include a reference for the case. 3 You MUST use the IRAC method for describing the issues in the case, the legal rules that arose, how those rules were applied to the facts if the case, and what the conclusion was in the case. Your face must appear in the video. You should not be reading from a script, but you can use notes to prompt your talking. PART D (10 marks – 600-800 words) In this part, your task is again to research a single case and report to your supervising partner advising him or her about the case. However, this time, it must be a case in which a contract was induced by misleading and deceptive conduct, either under s 18 of the Australian Consumer Law or the old s 52 of the Trade Practices Act 1974 (Cth.). (This means that it must be an Australian case). The report MUST be done in writing using the IRAC method. It must not only analyse the case in terms of the statutory remedy of misleading and deceptive conduct, but also analyse how the case would have been decided under the common law of misrepresentation. There will therefore be two conclusions, one for the statutory action, and another for the common law. (Misrepresentation and misleading and deceptive conduct are in Module 6 of the course). MARKING All parts of the assignment will be marked in accordance

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