understanding of the principles of Australian business law

Students will be expected to address all the issues evidenced in both parts of the set assignment.

In Week 11 students shall upload assignment answers to Moodle and shall upload a soft copy through Turnitin as one Word file. Turnitin checks for copied and unreferenced material. The class code and access password will be available on the subject site on SIS. It is highly recommended that students discuss the requirements of the questions with the lecturer.

Students should seek assistance with referencing and English writing difficulties with Academic Support staff in the library.

References should follow the Harvard referencing style.

BUSINESS LAW

Assessment Item 2 

(See text How to study law? Pages xxii-xxviii)

In both essays use cases, statutes and other resources covered in the course where appropriate to support the analysis.

Remember that this is a Business Law assignment

Not a marketing or management assignment.

Part A   15 % 1000 words

ESSAY

As background see text What is compliance? Pages xvi-xviii

Your text states at page xviii, “The first step in compliance clearly involves identifying the laws that apply to the business, the regulators who have jurisdiction in specific areas, the risks the business faces and legal issues that may arise. And it is not just a matter of putting together a one-off compliance program. Regular reviews, tracking changes to the law and ongoing effective education of staff about their legal obligations is essential for legal compliance and building ‘a culture of compliance’.”

You and your family run a seafood restaurant in Sydney and you now wish to call it the Great Catch!

Using the topics from Week 6 (Property Law), Week 7 (Sale of Goods and Consumer Protection) and Week 8 (Intellectual Property) complete a research essay setting out the key areas of law and compliance in Australia that would be highly significant to your particular business operations for this business. You would need to consider chapters 18, 19, 23, 24 and 28 of the text.

Part B   15 % 1000 words

PROBLEM QUESTION

“Manny and Bella are married and since 2008 they have run a pizza business in the city. They call the business Perfect Domino Pizza.

They visit the showroom of Tuscan Ovens Pty. Ltd to buy a new pizza oven for their business. They tell Tuscan’s manager that they must have a heavy duty which will cook at least 30 pizzas every hour for 16 continuous hours every day. Manny tells the manager that such an oven is required “otherwise I will lose customers at the peak hours. The manager assures Manny and Bella that the new Tuscan XX commercial oven will satisfy their requirements.

As a result of the manager’s statements and recommendations, Manny and Bella purchase the oven for $15,000.

While they are waiting for the delivery of the new pizza oven Manny and Bella advertise the new oven for their restaurant but they decide to refer to it as the MB Oven and not mention the real registered name, Tuscan XX.

Soon after the new oven is installed, they discover that it can only cook 12 pizzas per hour and is unreliable. Due to these problems the pizza business is losing money. Tuscan will not discuss any complaints from Manny and Bella.”

Discuss the different areas of law from topics in Week 6, 7 and 8 that emerge from these facts. Be sure to explain who may take legal action and what remedies and penalties could be applied. Cases and statutes should be used. Chapters 18, 19, 23, 24 and 28 should be considered.

Your essay must include:

• Reference to case references from the text book, supporting your argument.

• Reference to statute references from the text book, supporting your argument.
• Correct argument essay structure. Refer to the Academic Learning Skills handout on Essay writing.

• Harvard referencing for any sources you use. Refer to the Academic Learning Skills handout on Referencing

General notes for assignments

Assignments should usually incorporate a formal introduction, main points and conclusion, and will be fully referenced including a reference list.

The work must be fully referenced with in-­‐text citations and a reference list at the end. We strongly recommend you to refer to the Academic Learning Skills materials available in the Moodle. For details please click the link http://online.kent.edu.au/cms/course/view.php?id=437 and download the file “Harvard Referencing Workbook”. Appropriate academic writing and referencing are inevitable academic skils that you must develop and demonstrate.

We recommend a minimum of FIVE references, unless instructed differently by your lecturer. Unless specifically instructed otherwise by your lecturer, any paper with less than FIVE references may be failed. Work that includes sources that are not properly referenced according to the “Harvard Referencing Workbook” will be penalised.

Marks will be deducted for failure to adhere to the word count– as a general rule you may go over or under by 10% than the stated length.

See Assessment Marking Guide in course profile.

General Notes for Referencing

High quality work must be fully referenced with in-­‐text citations and a reference list at the end. We recommend you work with your Academic Learning Skills site (http://online.kent.edu.au/cms/course/view.php?id=437) available in Moodle to ensure that you reference correctly.

References are assessed for their quality. You should draw on quality academic sources, such as books, chapters from edited books, journals etc. Your textbook can be used as a reference, but not the lecturer notes. We want to see evidence that you are capable of conducting your own research. Also, in order to help markers determine students’ understanding of the work they cite, all in-­‐text references (not just direct quotes) must include the specific page number/s if shown in the original. Before preparing your assignment or own contribution, please review this YouTube video by clicking on the following link: Plagiarism: How to avoid it You can search for peer-­‐reviewed journal articles, which you can find in the online journal databases and which can be accessed from the library homepage. Wikipedia, online dictionaries and online encyclopedias are acceptable as a starting point to gain knowledge about a topic, but should not be overused– these should constitute no more than 10% of your total list of references/sources. Additional information and literature can be used where these are produced by legitimate sources, such as government departments, research institutes such as the NHMRC, or international organisations such as the World Health Organisation (WHO). Legitimate organisations and government departments produce peer reviewed reports and articles and are therefore very useful and mostly very current. The content of the following link explains why it is not acceptable to use non-­‐peer reviewed websites: Why can’t I just Google? (thanks to La Trobe University for this video).