LAWS 1018 – Business Law 2021 01
Written Assignment – Part B
Assignment Details
Part B of the Written Assignment is worth 30% of your overall grade.
The maximum word limit is 1,400 words.
There are 2 Questions. The First Question is worth 10% and the Second Question is worth 20% of your overall grade
The due date is Sunday 29 August at 11:00pm Adelaide time (Sunday at the end of week 10).
Please see the Written Assignment Information page (on the Assessment tab) for further information.
Assignment Instructions
It is recommended that you use the IRAC problem solving method.
You may use headings and subheadings to structure your answer.
Your answer must include legal references (relevant cases and/or sections of Acts).
You are required to use the Harvard style of referencing. You should include a reference list in your assignment, including a list of legal references you have used.
You will be assessed on your ability to use and apply the course materials to the assignment scenarios.
You must include the Assignment Feedback sheet at the end of your answer.
~ Questions start on the next page ~
Question 1 – Employing Staff (worth 10% of your overall grade)
The Jungle Giants (Sam, Cesira, Andrew and Keelan) has decided to market their latest album with the release of a wine and has asked Harry and Hermione to do the grape picking. Harry and Hermione have their own grape picking business called Dumbledore Vines. Harry and Hermione own the trucks used for collecting the grapes. The Jungle Giants pays for the registration and petrol of the trucks.
In relation to the grape picking:
Harry and Hermione pick grapes only in good weather- The Jungle Giants accepts this.
The Jungle Giants requires Harry and Hermione and pays for them to go to safety training.
There is no set amount of grapes to be picked.
Harry and Hermione are paid per tonne.
The Jungle Giants advises them what section to pick and what type of grapes to pick.
They wear the Jungle Giants winery uniforms.
One time after 3 loads of poor quality grapes Sam yells “I will take away your uniform and give the work to better workers.”
Hermione is hurt one day when she catches her foot on a vine, falls over and breaks her ankle. She cannot work for 2 months.
Is this a contract of employment or independent contractor arrangement?
Question 2 – Contract Law (worth 20% of your overall grade)
HARRY POTTER CONVENTION
A lot of the outfits at the convention will be valuable, and a cloak room has been set up for people to check in their extra belongings. Cedric is running the cloakroom.
Cedric is instructed that when a person hands over a piece of clothing, he is to give them a ticket which has a number on the front and states on the reverse side:
“We do not take any responsibility or liability for clothing checked in to our cloakroom.”
Luna has made herself a magical Harry Potter outfit that includes a long jewel encrusted silk cloak. She decides to check it in at the cloakroom because she has been tripping over it since she arrived. She hands her cloak to Cedric and receives her ticket with the disclaimer on the back.
When she goes back at midnight to collect it, it is no longer there. Cedric has got confused when handing back similar clothing, and has incorrectly given it to a different person whom he cannot remember. Luna wants the Convention to pay for the replacement of her cloak which cost her $300.00.
Using relevant legal principles of contract law, discuss whether:
(a) the contract between Luna and the Convention includes an exclusion clause; and
(b) assuming the exclusion clause was part of the contract, would it also cover the incident?
Please do not copy the assignment instructions and questions into your submission.
Please do include the feedback sheet (below) into your submission.
Assessment Feedback
Business Law
Key components of this assignment
Not all areas are weighted evenly.
Performance on this component
Excellent
Very Good
Good
Fair
Poor
Very Poor
Relevant legal issues identified
Rules / case law / Legislation
Relevant law correctly identified and accurately stated
Analysis
Clear application of the facts to the rules/law
Clear and logical arguments presented
Structure
Answer clearly and logically structured
Language
Correct English expression, grammar, spelling and punctuation
Referencing
Correct in-text referencing
Complete and accurate reference list
Summary comment
Assignment Grade:
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