PERCENTAGE OF FINAL GRADE: 20%    

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 

Helen has a business where she buys and sells fine art for clients. She receives an email from Peter, stating that Peter has a painting by Monet for sale. Peter indicates that he will sell the painting for $50,000.

Helen telephones Peter and tells him that she is willing to buy the painting for $30,000. Peter replies that he does not want to sell the painting for less than $40,000. Helen says she will think about it.

Later that same day, a friend of Peter sees the painting and immediately decides that he must buy it. He offers Peter $55,000 for the painting and Peter agrees to sell it to him.

The next day Helen telephones Peter, to advise him that she accepts the offer to buy the painting for the original $50,000 asking price.

Peter tells her that he has sold the painting to someone else. Helen replies “but you made me an offer and I have accepted it”. She is very angry and wants to know whether she can sue Peter for breach of contract. (300 words) (5 marks).  

Scenario Two  

In October 2021 John leased an old warehouse with the aim of converting it into an expensive restaurant. John entered into a contract with Henry to do all the necessary construction work required to turn the warehouse into a fancy new restaurant.

They agreed that Henry was to be paid $20,000. They also agreed that the work would be completed by the end of January 2022.

At the end of December 2021, John started to get worried that the work would not be completed on time. John approached Henry and said to him that he would pay him and extra $5,000 to ensure that the job was done on time. Henry agreed.

The work was completed on time by the end of January 2022. But when Henry asked for the extra $5000, John refused to pay the extra money. Is Henry entitled to the extra $5000?

(300 words) (5 marks)  

Scenario Three 

Rebecca is a successful business woman who at the age of 45 has become a millionaire with assets worth over $35 million.  She meets Aldo 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, Rebecca and Aldo decide to get married and they set a date for their wedding. Aldo is really excited about starting a family with Rebecca and arranges for his family to come to Australia for his wedding. Rebecca wants Aldo 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. Aldo has no idea about the agreement and its impact. Rebecca does an internet search and finds an article that states that a pre-nuptial agreement may not be valid due to lack of consent. 

Rebecca 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 Aldo without involving conduct which can be considered as undue influence or unconscionable conduct.   

In your answer, please address the following elements: 

• Explain to Rebecca 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 Reebcca 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 

INSTRUCTIONS 

Scenario 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. 
• The materials you should refer to when preparing your answers include the textbook, study guide, PowerPoint slides, cases referred to in the materials and any other information you consider relevant. 
• 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.   
• 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 not use the prescribed textbook as a research source.   
• 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.  
• 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 turn-itin before the due date to check similarity and students can submit the assignments as many times, 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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