2105AFE – INTRODUCTION TO BUSINESS LAW – PROBLEM SOLVING ASSIGNMENT
Weight: This assessment is worth 30% of the total marks for this course. The Hypothetical ILAC Question is worth 20% and the Short Response Questions are worth 10%.
Due Date: This assessment must be submitted online via SafeAssign by 11am on the 14 September 2018. Normal Griffith University penalties apply for late submission.
Word Limit: Your answer to the Hypothetical ILAC Question must be no longer than two (2) pages. Your answers for the Short Response Questions must be less than one (1) page in total. There is NO 10% allowance or increase to this limit. Write clearly and concisely. Penalties apply to any answer which exceeds the maximum page limit and for not following any of the instructions below.
- The lecture content covering Australian Consumer Law, in addition to the textbook, this document and the internet resources referred to in this These are the only sources of information required for this assignment.
- There is NO need to undertake any additional research for the Hypothetical ILAC Question and marks will not be provided for
- There is NO need for Harvard or APA etc., referencing or However, if directly quoting from the facts or the lecture slides please use double quotation marks and put (“Facts”) or (“Slides”) in brackets after the quote and add the page number. Failure to do so will result in penalties for plagiarism.
- Your assessment will be marked via the rubric below. A reminder that you must apply the law to be awarded marks under that
- When submitting to SafeAssign please ensure your submission filename includes: Your name, student number and the words “Assignment Final”. For example, AlfStewart_1002003_AssignmentFinal.
- Please only submit Microsoft Word documents.
- DO NOT include a direct copy of these instructions, the scenario, the questions or rubric in your submissions. If you do, your paper will be very closely scrutinised for plagiarism and will be penalised by 10% of the available
- Please submit your final assignment to be marked into the “FINAL – Assignment Submission Point”, NOT the DRAFT Staff will only check and mark the copy of your assignment submitted into the “FINAL – Assignment Submission Point”.
- Submission points are located in the Learning@Griffith course website under
- A draft SafeAssign Submission Point is also available for you to check your work under
- Make sure you obtain and retain proof of your final submission by taking a screen capture or a print screen of your computer screen once your assignment has been submitted. If there is an error in uploading your assignment, late penalties will apply unless evidence can be provided that it was submitted before the due date. It is the responsibility of each student to ensure that they retain proof of their submission. For example if a blank document is submitted the student will be awarded “0”.
- Late submissions must also be submitted to the “FINAL – Assignment Submission Point” (up to 5 days with 10% penalty per day consistent with GU policy). Assignments submitted by any other method will NOT be considered submitted until the assignment is submitted via
- DO NOT use a cover page for this
- You must use a header or footer, include your name, student ID, tutor’s name and workshop day and time, on all pages of your submission (eg. Michael Kirby, s1002030, Mary Gaudron, Monday 2pm).
- Your answer must be typed in 12 point font with margins of 1cm or greater on all sides. Answers should use the correct ILAC structure (format) as discussed in class. Answers should use single line spacing to acceptably answer the assignment. Acceptable fonts are Arial, Century Gothic or Times New Roman. It is recommended that your answers are single-spaced to allow you sufficient space to answer the question
- Please write your ILAC answers using full sentences and paragraphs. Bullet points are not appropriate for this assignment (except in listing the legal issues as questions and the Law section of your response, as per the model answers previously provided). You may use bullet points to answer the Short Response
- Please ensure you proof-read your work carefully as presentation, spelling, grammar and expression will all be taken into account when marking your
- Failure to follow any of the instructions will result in a penalty up to 10% per indiscretion. All plagiarism will be reported and appropriate penalties will
- EXTENSIONS: Any request for an extension must be directed to your tutor prior to the due date and time. Documentary evidence that complies with University Policy must be Pressure of work commitments is not a valid reason for an extension. Allow plenty of time to submit – Server or other IT issues are not an acceptable reason for late submission
HYPOTHETICAL ILAC QUESTION: (20 marks)
After a few months of overindulgence, Karen decides that it’s time to get fit. She searches for local gyms on the internet and comes across a nearby gym called “Gym & Tonic” which is owned and run by Grace. An advertisement on the Gym & Tonic website says “On sale for this month only! Monthly gym fee reduced from $60 per month to only $30 per month! Unlimited access!”. The advertisement shows members of the gym using all different types of gym equipment. The following day she goes to Gym & Tonic and tells the receptionist Jack that she wants to become a member of the Gym. Jack shows Karen the Gym’s standard form contract. He asks Karen for her address, date of birth, contact details and bank account details and he inserts this information into the contract. Karen tells Jack that she would like to sign up for 12 months. Karen signs the contract and Jack gives her a membership card.
Karen returns the next day, eager to start her first gym session. She shows her membership card to Grace, the owner, who is working at the reception desk, and asks Grace to show her where the treadmills are. Grace explains that the $30 membership fee only includes the weight equipment, and that she must pay an extra $20 per month if she wants to use the cardio equipment. Karen becomes angry and says that the advertisement on the website said “unlimited access” so she should be allowed to use all the equipment. Grace explains that “unlimited access” means unlimited visits to the gym each month, not unlimited access to all the equipment. Karen tells Grace that the advertisement created the impression that she could use all of the equipment, and that the only reason she signed up was because she wanted to use the cardio equipment. Karen tells Grace that she wants to terminate her gym membership immediately, however Grace draws Karen’s attention to Clause 5 of the membership contract that Karen signed the previous day which says:
“The Gym may terminate the contract at any time, without notice and without penalty. If the Member wishes to terminate the contract for any reason, the Member must pay a $100 early termination fee to the Gym”.
Karen tells Grace that the gym is a complete rip off and that she’s never coming back. As she is walking to her car, she runs into her friend Will who works at the restaurant next door to the gym. Karen tells Will what happened at the Gym and Will tells her that he’s heard a few restaurant customers complain about the same thing. He also tells her that the gym has never offered monthly memberships for $60 per month. The usual cost is $40 per month.
Karen comes to you for advice. She would like to know if she can terminate the contract with Gym & Tonic, and if she is liable to pay the $100 fee. As part of your answer, you should discuss whether Gym & Tonic has breached any of the provisions of the Australian Consumer Law (Schedule 2 Competition and Consumer Act 2010 (Cth)) and any remedies available to Karen. Also discuss how the common law applies to this scenario. Do not discuss any liability under contract law.
~ END OF HYPOTHETICAL FACTS~
SHORT RESPONSE QUESTION (Each question is worth 2 marks)
When answering Questions 1 to 5, simply type your answer underneath a heading such as “Question 1”, “Question 2” etc. Do not include the original question.
Watch this “Talking Stick: Native Title” video by the ABC and answer the questions below. Link: https://www.youtube.com/watch?v=8-Pr3c7ovnc
Your answers to these questions should be clear and concise and must not exceed one (1) page in total.
In the Mabo case, native title was being claimed over a particular island. What is the name of the island? What is the name of the Aboriginal peoples who occupy that island?
In the Mabo case, the claimants were successful with their claim. What were the claimants entitled to do with the land? According to Justice Brennan’s judgement in the Mabo case, when will the foundation of native title have disappeared?
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