SUBJECT: AUSTRALIAN COMMERCIAL LAW
ASSESSMENT 1 – INDIVIDUAL ASSIGNMENT
Marks: 40% of the overall assessment for the course Submission: Online via Moodle Format: One file in .doc or .docx (MS Word) format. Submissions in any other file format (e.g. .zip) will be treated as a non-submission.
Your file should contain: Cover sheet – Contains your name, student number and word counts for Questions 1 and 2. Written answers to Questions 1 and 2. Link to your YouTube video.
Question 1 (15 marks – maximum 1000 words)
Research a legal system of a foreign country and explain how it addresses the following requirements of a legal system:- rules of recognition – rules of change – rules of adjudication. Then explain how the Australian legal system addresses the same requirements. For the Australian legal system, you will have to refer to the rules for recognition and change of both statute law and common law. Your answer should include full referencing using footnotes, NOT a reference list or bibliography.
Question 2 (15 marks, maximum 1000 words)
Your client, Sandra May, purchased an Internet/phone package from her Internet service provider, jjNet. The online brochure had said that it provided Internet speeds of “up to 100 Megabits per second” and 10GB of data per month. It also inluded an Internet modem and a mobile phone with unlimited local calls. Sandra took up the offer and accepted a contract which stated that if she paid the package fee of $59.99 per month for 12 months, she could keep the phone and the modem.
Now that Sandra has been using the package for 3 months, she has found a number of problems. The only time she gets Internet download speeds approaching 100 Megabits per second is in the early hours of the morning at around 2am. She also finds that as her data usage approaches 10 GB in a month, the speed slows down dramatically to the point whre the Internet is almost unusable. If she then buys an add-on package of extra data, the connection immediately speeds up to about 100 MB/s.
She has also had a lot of trouble with the phone. When she received it, it did not look new as it was worn in certain areas. The keys keep getting stuck so it is difficult to type text messages, and the battery seems to die after only a few hours use. jjNet refuses to replace it.
She wants an advice on her possible legal actions. Your supervising partner asks you to prepare a report to him setting out your research, legal reasoning, and recommendations. The report should include full referencing using footnotes, NOT a reference list or bibliography.
Question 3 (10 marks – maximum 6 minutes)
Assume that your supervising partner has read your report and has given you authority to advise the client. For this part of the assignment, you need to prepare an oral advice for the client in the form of a YouTube video. Your task is to provide that advice in a way that your client can understand. The link to your YouTube video should be included in your assignment file.
When presenting to your supervising partner in Question 2, he/she will be looking for the quality and relevance of your research. You therefore need to refer to cases and sections of Acts. The approach when presenting to the client is different. In order to make a decision, the client has to understand the key legal principles, but he/she does not need a lengthy analysis. The goal here is to explain these principles in plain English and to make clear why you are recommending a certain course. In general terms, the quality of your analysis will be the important thing when reporting to your supervising partner. When advising the client, clarity is most important.