[SOLVED] Law for Commerce

MLC101 Law for Commerce Research Paper Instructions T3-2021
This assessment is to be completed individually. It is worth 20% of the total marks for MLC101. Scenario One is marked out of 5, and the Scenario Two is marked out of 5. Scenario Three is marked out of 10 marks. That represents a total of 20 marks and 20% of your overall assessment in MLC101.
Learning Outcomes
ULO 03—Understand the rules of law that apply in the formation of contracts.
ULO 08—Understand, explain and apply the rules of law in relation to contract law.
ULO 09—Demonstrate the ability to read and critically evaluate the principles of law taught in this unit while understanding the principles of sustainable development and use the IRAC methodology for legal problem solving;
ULO10— Use appropriate digital technologies to search, retrieve and apply relevant information to law for commerce.
Please ensure that you read all of the instructions contained in this document.
Research Paper Questions
Scenario One
Katy owns and runs a successful fashion store called “KATY’S”. Every evening, Katy takes the money out of the cash register and transfers it to her safe. On one evening, two armed men come into the store as Katy is transferring the money and steal $5000 in cash from the register. Katy calls the police after the thieves have left her store. Policeman Harold comes to Katy’s shop to get a statement from her about what happened. Katy tells Harold that if he finds the thieves, she’ll give him $500. Two days later, Harold identifies and arrests the armed robbers but Katy refuses to pay him the money.
Is the agreement between Katy and Harold legally binding? Use principles of consideration to answer this question. Note: No research is required for this scenario.
You may rely on the course materials to answer this question. (300 words) (5 marks).
Scenario Two
Dinky is 15 years old and works in the local grocery store during his spare time. Dinky spends most of his money socialising with his friends and shopping for fancy clothes. Dinky visits KATY’S and wishes to buy a pair of linen trousers for $900. These trousers are popular among celebrities. Dinky uses the PayLater option made available to customers of KATY’S. The PayLater option provides an opportunity for customers to split the cost of the payment into four equal payments. Dinky uses false information to create the PayLater account and stops making payments after the first payment.
Is the agreement between Katy and Dinky legally enforceable since Dinky is a minor? Note: No research is required for this scenario. You may rely on the course materials to answer this question. (300 words) (5 marks)
Scenario Three
Katy’s store is a huge success, and she opens more shops across Australia. At the age of 52 years old, she becomes a millionaire with assets worth over $35 million. She meets Rocky who moved to Melbourne six months ago from Brazil as a student and is currently studying at university. He lives in university accommodation. Being a student, he also has very few assets. His ability to speak English is also very limited. About three months after meeting each other, Katy and Rocky set a date for their wedding. Rocky is really excited about starting a family with Katy and arranges for his family to come to Australia for his wedding. Katy wants Rocky to sign a pre-nuptial agreement before the wedding so that both parties are clear how her property will be distributed in the event of separation or death. Rocky has no idea about the agreement and its impact. Katy does an internet search and finds an article that states that a pre-nuptial agreement may not be valid due to lack of consent.
Katy is worried that the pre-nuptial agreement may not be valid due to lack of consent and seeks your advice as to how to make a valid agreement with Rocky without involving conduct which can be considered as undue influence or unconscionable conduct.
In your answer, please address the following elements:
⦁ Explain to Katy using your own words and relevant case law what undue influence and unconscionable conduct is. Use relevant cases.
⦁ Identify what factors in her relationship to Rocky may result in claims of undue influence and/or unconscionable conduct.
⦁ Suggest steps that can be taken by Katy to avoid undue influence and unconscionable conduct involved with the pre-nuptial agreement.
Note: Research is required to answer this question. The course materials WILL NOT be sufficient to complete an answer to this question. (600 words) (10 marks)
End of Questions
Scenarios One and Two
⦁ Your task is to provide solutions to the legal issues posed in the scenarios.
⦁ It is important that your discussion focuses on analysing the facts of the hypothetical problem and applying the law to those facts. Marks will be awarded for discussion of the applicable legal rules (principles of law derived from cases and statutes); analysis of the facts; application of the law to the facts; and conclusion.
⦁ Use IRAC.
⦁ This is NOT a research task. The materials you should refer to when preparing your answers include the textbook, study guide, PowerPoint slides, and cases referred to in the materials.
⦁ Do not cite or reference PowerPoint slides, the study guide or textbook. Cite relevant cases and legislation only. In other words, when you cite a case name, you need not cite the page from the textbook, study guide, or PowerPoint slides.
⦁ You must ensure that your writing, spelling and grammar are carefully checked and reach a satisfactory standard.
⦁ Please use following formatting instructions: Calibri 11-point font and line spacing of 1.5.
Scenario Three
⦁ You must use at least four current sources and/or business law texts in researching your answer. However, the prescribed textbook is NOT considered a research source.
⦁ You must use an appropriate mix of different sources/references.
⦁ Two of your references MUST be sourced through the Deakin Library catalogue and databases i.e., a textbook, an eBook or a journal.
⦁ The remaining references /research sources MUST be from credible sites (for example: Austlii, websites of law firms and/or Law School Blogs). Do not use material from the Internet and blog sites such as LawTeacher or Wikipedia.
⦁ You are to research these areas of law/rules of law in your own time, outside of class time, and prepare a Research Paper (do not summarise cases).
⦁ You must mention all the relevant cases and section numbers including the subsections of the relevant statutory laws.
⦁ The paper must be word processed in MS Word (.doc or .docx format). Files submitted in any other format, including .pdf or .zip will not be marked.
⦁ The word limit is 500 words. The word count does not include the list of references.
⦁ The file you submit should be named with your family name and student ID number.
⦁ References must be cited according to the Deakin University referencing guide found at this link: https://www.deakin.edu.au/__data/assets/pdf_file/0010/22 34899/Deakin-2020-updates-to-Harvard.pdf
⦁ Overall, your paper must be a professional document that has been carefully spell checked and proofread.
⦁ Your submissions will be assessed according to a marking rubric which can be found in the Assessments folder.
⦁ Use appropriate headings where necessary.
⦁ Please use following formatting instructions: Calibri 11-point font and line spacing of 1.5.
Submission Instructions
⦁ The first page of your document must be a title page with the Research Paper title, your name and student ID and total word count.
⦁ Submission must be made in the submission link in Moodle. Submission link is available under ‘Assessment’ tile on Moodle.
⦁ If you submit after that time without being granted an extension, marks will be deducted for late submission in line with Deakin College Assessment Policy i.e., 5% per day.
⦁ Papers submitted after 5 days will be given a mark of 0.
⦁ Your similarity rates must not be over 30%.
⦁ You are allowed multiple submissions before the due date. You can use the turnitin before the due date to check similarity and students can submit the assignments as many times as they would like to check similarity. However, please note that after the first attempt it will take longer to produce the similarity report.
⦁ Submissions with high similarity rates will be reported to the Academic Coordinator and will require explanations.
⦁ Note that it is the student’s responsibility to ensure their paper is submitted and received into the submissions box on Moodle.
⦁ This requires a suitable internet connection and that you allow sufficient time before the deadline for your submission to process into the submission inbox at this busy time. Please check that your submission has been received.
⦁ Once you have submitted your assignment, you should receive a submission receipt via email. If you do not receive that email, go back to Moodle to check if you have properly submitted your assignment.
⦁ The responsibility to submit the Research Paper into the submission inbox by the due time and date is the responsibility of the student unless there is evidence of a failure of the Deakin College IT system.
⦁ Please note that when you submit your Research Paper into the submissions inbox you are affirming the following:
o “I certify that the attached work is entirely my own except where work quoted or paraphrased is acknowledged in the text. I also certify that it has not been submitted for assessment in any other unit or course”.
Extension to Submission Date
⦁ The policy for an extension to the submission date is as follows:
o “Normally, at least 48 hours before the due date a student may submit a written request to their Unit Coordinator via the Portal for an extension of time for the submission of the assignment (Research Paper) on the grounds of serious illness, accident, disability, bereavement or other exceptional circumstances. Applications must be accompanied by valid supporting documentation”.
⦁ If you are not able to submit your assignment or missed the deadline without an extension, due to compelling reasons, you can apply for a special consideration. Please see the Unit Outline regarding how to apply for special consideration.
Academic Misconduct
⦁ By clicking the ‘submit’ button in the assessment submission area, you are declaring that the attached work is entirely your own, except where otherwise acknowledged, and you are also declaring that it has not been submitted for assessment in any other unit or course.
⦁ Plagiarism, collusion and contract cheating are taken very seriously in the Deakin College, and in this unit.
⦁ Instances of plagiarism, collusion and contract cheating will be reported to the Deakin College Academic Coordinator and will be subject to penalties/academic misconduct inquiry.
⦁ You are advised to familiarise yourselves with the academic misconduct information contained in your Unit Guide and contained on Student Hub. In essence, plagiarism occurs if you pass off as your own work (or copy without acknowledgement) the work of another person, while collusion occurs if you obtain the agreement of another person for a fraudulent purpose, with the intent of obtaining an advantage in submitting an assessment or in other work.
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