MLC101 – Law for Commerce – Trimester 3 2023 Assessment Task Two (AT2) – Short answer questions (case studies) –

Individual

DUE DATE:                                          Friday, 12 January, by 8:00pm (Melbourne time) PERCENTAGE OF FINAL GRADE:           30%

WORD COUNT:                                   Maximum number of words (1500)

Description

Purpose

This assessment provides you with another opportunity to formalise written answers to legal problems (hypothetical fact scenarios – HFS), albeit at a more advanced level, with an expectation of legal research and consideration of laws/ethics from an international perspective (Scenario 3). This assessment is the second step in acquiring and demonstrating the skill of legal argumentation, which is set as a discipline-specific skill with which to enhance your writing abilities, as well as to provide a deeper understanding of the workings of law for commerce (ULOs 1, 2, 3 and 4/ GLOs 1, 3, 4 and 8).

Tackling hypothetical real life legal problems will enable you to understand how laws are applied and from where certain rules of law are derived, and this will allow you manage risk as a business manager/ executive and also understand that risk from the perspective of a client or consumer.

Context/Scenario

For this task (like all your HFS questions), assume you are a lawyer, giving advice to a potential client, about their legal rights and obligations in relation to their situation (you should tell the client about all the possibilities, and then advise what is more likely to occur if the case goes to court). Scenario 3 involves principles from the UN Global Compact, which are not binding, however you are expected to address how those legal/ethical principles might influence a decision maker from the perspective of the parties in that case.

Specific Requirements

Your task is to provide interpretation and analysis of the legal issues posed in the case studies (HFS), drawing on the legal principles covered in Topics 3, 4 and 5. These scenarios (except for Scenario 3) are based broadly on your course materials from these topics; however, further research (beyond the textbook) for the last two scenarios will most definitely enhance the quality of your submission and help you to score a high grade for this assessment. You must correctly reference (Harvard referencing) for this assessment.

Please do not reference power point slides. Cite cases in full (you may abbreviate using only the first name after the first full citation), but you need not cite the source of the case. In other words, if you research the facts from our textbook or the library database such as Westlaw AU, you only need to cite the cases, not the textbook or the website (this is standard legal practise).

The overall word count for this assessment is 1500 words (including in-text citations, headings, sub-headings – but not including the references in the reference list). There is NO leeway for this assessment. In other words, please ensure the maximum word count is for the non-reference list material is 1500. Submissions beyond the word count may be penalised.

*** You cannot access the dropbox for this assessment until you have completed the Legal Research for Commerce Module in the Content tab in CloudDeakin***

Scenario 1

In March 2020, Connor was hired as Director of Operations by Ace Renewables, a startup company with 25 employees working out of a warehouse. Ace was largely funded by its three co-founders’ personal investments as it researched and prototyped floating offshore wind technologies. Connor’s contract specified an annual salary of $200,000 plus performance bonuses tied to technology milestones.

By November 2021, after years of work, Ace’s engineering team had achieved a breakthrough allowing their prototype turbine to generate 20% more power, exceeding projections and qualifying Connor for a sizeable bonus. However, this exciting development coincided with the unscheduled COVID-19 pandemic cooling investor appetite for green startups.

Additionally, Ace was on the cusp of seeking its first external funding, but revenues had slowed with quarterly bills mounting. The CEO panicked and urgently scheduled a meeting with potential lead investors. At the meeting, the investor offered terms: a 15% cut to non-critical staff costs until signing, threatening to pull out otherwise.

Back at the warehouse office, a distraught CEO called Connor in, Ace’s first hire and Director crucial to operations. Explaining the investor’s ultimatum, the CEO reluctantly issued his own, threatening to terminate Connor if he refused a temporary 15% pay cut. Faced with losing his job and benefits during the uncertain pandemic, Connor reluctantly agreed in writing, to a 15% cut to his salary.

The funds came within 6 weeks as projected but amid rapid growth, the CEO never restored Connor’s full compensation. Feeling taken advantage of, Connor sued Ace Renewables for breach of contract seeking unpaid salary.

Advise Connor whether he is entitled to unpaid salary.

Please use case law to support your answer. Please do not cite workplace law or legislation. (8 marks)

Note: No research is required for this scenario. Please rely on the course materials (textbook) to answer this question.

Suggested word count: 400 to 500 words (8 marks)

Scenario 2

In February 2021, Melanie was hired by Atlas Delivery Services as a courier, with her contract specifying a monthly salary of $4,000. Atlas is a small-to-medium sized courier company operating in Melbourne, employing around 20 couriers. Her duties involved making deliveries throughout the city using a company van. Typically, her work week was 40-45 hours and business was steady.

In April, two of Atlas’s most experienced couriers resigned following a pay dispute with John, the operations manager. This left major gaps in the delivery roster that were difficult to immediately fill. Facing the risk of lost clients if deliveries were missed or delayed, John convened an emergency meeting with the remaining couriers.

He explained the resignations had dealt a serious blow and they needed volunteers to step up. Melanie had recently separated from her partner and was relying on the job to financially support herself and her young daughter. She felt pressure to accept extra work.

John announced he would distribute the resigning couriers’ wages among those who agreed to take on additional routes and longer hours to cover the demand. Melanie and four others accepted the arrangement.

Over the following two months, Melanie regularly worked 60-70 hour weeks, including nights and weekends, as the weather grew colder and wetter. Records show the additional routes and hours Melanie took on generated thousands in additional revenue for Atlas during this busy period.

However, when she requested payment of her additional wages, John refused, claiming she was only owed her standard monthly salary under the original contract terms. Melanie has now sued Atlas for breach of contract.

Can Melanie enforce the agreement for additional wages against Atlas Delivery Services? Why/Why not?

Please cite case law in your advice. Please do not cite workplace law or legislation. Only consider contract principles from the prescribed Topics. (12 marks)

Suggested word count: 600-700 words.

Note: No research is required for this scenario. Please rely on the course materials (textbook) to answer this question.

Scenario 3

Sarah is the general manager of Sustainable Supplies Ltd., an industrial equipment manufacturer based in Melbourne. The company relies on several international suppliers for key components. Sustainable Supplies is a signatory to the UN Global Compact and publishes an annual progress report on implementing its principles.

During a video call with one supplier, Kinetic Components, based in Ho Chi Minh City, Vietnam, Sarah noticed workers behind the manager were not wearing any protective gear or masks. She inquired about workplace health and safety. The manager brushed off her concerns, saying it was a minor issue they planned to address soon. However, Sarah remembered press reports about accidents at other local factories from lax safety practices.

Press reports detailed lax oversight in some export processing zones in Vietnam, where factories cut corners to meet tight production quotas. Kinetic is located in a zone that employs over 10,000 young workers manufacturing for global brands. Accident rates in the zone are double national averages due to inexperienced children working long hours without protections.

Sarah knew Kinetic’s cheap labour costs were integral to keeping its prices competitive and winning contracts. However, she worried about complicity if turning a blind eye to risks of serious harm to workers or the company’s sustainability commitments.

Imagine that you work for Global Compact Network Australia, and are presenting to small to medium size businesses (SMCs) in Melbourne. Drawing on your experience and understanding of the Ten Principles of the UN Global Compact, how would you advise Sarah about her situation? More specifically, which Principles would you advise Sarah pay specific attention to, when Sarah asks you how she should approach the situation with Kinetic’s and their factory.

Please cite specific aspects of the principles in your advice. (5 marks)

Note: Research is required for this scenario. The course materials WILL NOT be sufficient to complete an answer for this scenario because of the global perspectives component, which is not taught formally. This particular question focuses specifically on ULO4 – which requires students to recognise that international legal standards have a bearing on commercial practises in Australia.

Suggested word count: 200 to 300 words

Please note that the facts provided in the hypothetical fact situations are purely fictional and any similarity to real life events are purely coincidental. You are not expected to consider any other related laws or legislation, only legal principles from the set Topics.

Referencing

For Assessment 2, you are required to observe referencing standards (Harvard referencing). Cite relevant cases and legislation (if applicable) in your answer from your unit materials – the textbook will be an important resource, however you are expected to go beyond the materials, where instructed. You must comply with the usual legal conventions regarding the italicisation of case names and full case citations with the year and reporting reference. For example, Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256.

Marking Criteria

Assessment Two is worth 30% of your final grade for this unit. You will be assessed against the following criteria:

• Identification of legal issues and applicable legal rules (principles of law derived from cases and statutes)
• Analysis of the facts and application of the law to the facts
• Conclusion
• Organisation, communication and style
• Research and referencing

You will receive an individual mark for each of these criteria. These criteria will be applied by way of a rubric.

Submission Instructions

• Assessment should be submitted in Microsoft Word (or rich text) format – .doc, .docx or .rtf. Please do not submit your assessment in PDF format, Apple Pages format, or in any other format. It is your responsibility to ensure that the file you submit is readable. Files that are not readable will be treated as non-submissions. Additionally, please take care to ensure that you have submitted the right version of the file (i.e., your final version, and not a draft version) and that you have submitted the assessment for this unit (and have not mistakenly submitted an assessment that was written for another unit). You are not able to ‘take back’ your submission and upload a fresh (correct) version of your assessment, however this should not be a concern, as only your most recent submission will be marked, provided it is submitted before the due date and time. Any further submissions beyond the due date and time will attract a late penalty. Please observe the following format:
• You do not need to provide a cover sheet.

• Use IRAC (taught in Seminars) if you are new to legal writing (you need not use IRAC for Scenario 3).
• Use a font at 11 or 12 point and line spacing of 1.5.
• Use Calibri font.
• Use margin 2.54 cm on all sides.
• You must provide a word count at the beginning of your assessment (the word count includes all the words used in your response to the HFS, including headings and case citations). All pages of the assessment must be numbered and your student ID number included in the header or footer.
• You must ensure that your writing, spelling and grammar are of a satisfactory standard. Do not write in point form.
• Please do not repeat the questions in your submission so the word count can easily be checked.

REMINDER: YOU ARE REQUIRED TO COMPLETE THE Legal Research for Commerce Module BEFORE THE DROPBOX FOR ACEECEMENT TWO WILL OPEN FOR YOU TO SUBMIT YOUR ACEIGNMENT.

Please ensure that you read all of the instructions contained in this document.

Learning Outcomes

This task allows you to demonstrate your achievement towards the Unit Learning Outcomes (ULOs) which have been aligned to the Deakin Graduate Learning Outcomes (GLOs). Deakin GLOs describe the knowledge and capabilities graduates acquire and can demonstrate on completion of their course. This assessment task is an important tool in determining your achievement of the ULOs. If you do not demonstrate achievement of the ULOs you will not be successful in this unit. You are advised to familiarise yourself with these ULOs and GLOs as they will inform you on what you are expected to demonstrate for successful completion of this unit.

The learning outcomes that are aligned to this assessment task are:

Unit Learning Outcome (ULO)	Graduate Learning Outcome (GLO)
ULO1: Apply key principles of law for commerce to recognise and evaluate legal issues	GLO1: Discipline-specific knowledge and capabilities
ULO2: Interpret and analyse a range of legal issues and the bearing they have in commerce	GLO1: Discipline-specific knowledge and capabilities GLO4: Critical Thinking
ULO3: Use appropriate digital technologies to search, retrieve and apply relevant information to law for commerce.	GLO3: Digital Literacy
ULO4: Identify critical legal issues in the international context that have a bearing on business ethics, standards and practice in Australia	GLO8: Global Citizenship

Submission

You must submit your assignment in the Assignment Dropbox in the unit CloudDeakin site on or before the due date. When uploading your assignment, name your document using the following syntax: <your surname_your first name_your Deakin student ID number_[unitcode].doc (or ‘.docx’). For example, ‘Jones_Barry_123456789_ABC123.doc’.

Submitting a hard copy of this assignment is not required. You must keep a backup copy of every assignment you submit until the marked assignment has been returned to you. In the unlikely event that one of your assignments is misplaced you will need to submit your backup copy.

Any work you submit may be checked by electronic or other means for the purposes of detecting collusion and/or plagiarism and for authenticating work.

When you submit an assignment through your CloudDeakin unit site, you will receive an email to your Deakin email address confirming that it has been submitted. You should check that you can see your assignment in the Submissions view of the Assignment Dropbox folder after upload and check for, and keep, the email receipt for the submission.

Marking and feedback

The marking rubric indicates the assessment criteria for this task. It is available in the CloudDeakin unit site in the Assessment folder, under Assessment Resources. Criteria act as a boundary around the task and help specify what assessors are looking for in your submission. The criteria are drawn from the ULOs and align with the GLOs. You should familiarise yourself with the assessment criteria before completing and submitting this task.

Students who submit their work by the due date will receive their marks and feedback on CloudDeakin 15 working days after the submission date.

Extensions

Extensions can only be granted for exceptional and/or unavoidable circumstances outside of your control. Requests for extensions must be made by 12 noon on the submission date using the online Extension Request form under the Assessment tab on the unit CloudDeakin site. All requests for extensions should be supported by appropriate evidence (e.g., a medical certificate in the case of ill health).

Applications for extensions after 12 noon on the submission date require University level special consideration and these applications must be must be submitted via StudentConnect in your DeakinSync site.

Late submission penalties

If you submit an assessment task after the due date without an approved extension or special consideration, 5% will be deducted from the available marks for each day after the due date up to seven days*. Work submitted more than seven days after the due date will not be marked and will receive 0% for the task. The Unit Chair may refuse to accept a late submission where it is unreasonable or impracticable to assess the task after the due date. *’Day’ means calendar day for electronic submissions and working day for paper submissions.

An example of how the calculation of the late penalty based on an assignment being due on a Thursday at 8:00pm is as follows:

• 1 day late: submitted after Thursday 11:59pm and before Friday 11:59pm– 5% penalty.
• 2 days late: submitted after Friday 11:59pm and before Saturday 11:59pm – 10% penalty.
• 3 days late: submitted after Saturday 11:59pm and before Sunday 11:59pm – 15% penalty.
• 4 days late: submitted after Sunday 11:59pm and before Monday 11:59pm – 20% penalty.
• 5 days late: submitted after Monday 11:59pm and before Tuesday 11:59pm – 25% penalty.
• 6 days late: submitted after Tuesday 11:59pm and before Wednesday 11:59pm – 30% penalty.
• 7 days late: submitted after Wednesday 11:59pm and before Thursday 11:59pm – 35% penalty.

The Dropbox closes the Thursday after 11:59pm AEST/AEDT time.

Support

The Division of Student Life provides a range of Study Support resources and services, available throughout the academic year, including Writing Mentor and Maths Mentor online drop ins and the SmartThinking 24 hour writing feedback service at this link. If you would prefer some more in depth and tailored support, make an appointment online with a Language and Learning Adviser.

Referencing and Academic Integrity

Deakin takes academic integrity very seriously. It is important that you (and if a group task, your group) complete your own work in every assessment task Any material used in this assignment that is not your original work must be acknowledged as such and appropriately referenced. You can find information about referencing (and avoiding breaching academic integrity) and other study support resources at the following website: http://www.deakin.edu.au/students/study-support

Your rights and responsibilities as a student

As a student you have both rights and responsibilities. Please refer to the document Your rights and responsibilities as a student in the Unit Guide & Information section in the Content area in the CloudDeakin unit site.

Assessment rubrics available on the unit site.