BULAW1503 COMMERCIAL LAW

ASSIGNMENT SEMESTER 1, 2020

Due: By 11.59pm Friday, 15th May 2020 (week 9)

Submission method: As a word document (not pdf) via the Turnitin assignment link in Moodle.

Weighting: 40% (total)

The purpose of the assignment is for you to undertake independent research into particular aspects of law,
to reflect on and consider particular factual and legal issues, and to apply your legal skills. We are looking
for a demonstrated understanding of commercial law, which requires you to use substantive law (i.e.
applicable statute and/or case law) to support your arguments.

The word length for this assignment is 2,500 words (a maximum only of 10% over or under this limit
will be allowed). Please provide a word count with the assignment, and do not include references within
your word count. Given the different marks weighting between the two (2) questions below, students should
use their discretion in allocating their number of words when answering each question.

The referencing method used in your assignment must be strictly in accordance with either the APA or the
AGLC styles. Details of both styles can be found on the Fed Uni Library weblink:
https://federation.edu.au/library/guides/help-with-referencing

In writing your response, please ensure that you answer the questions asked in this document and
address the criteria outlined in the Course Description and in the Criterion-Referenced Marking
Rubric (contained in this document).

Most marks will be given for analysis; very few marks will be given for merely restating information
(including the facts). A key assessment criterion for this task is your ability to apply knowledge and present
arguments to justify your analysis. In your answers to both question 1 and question 2 (contained in this
document), only consider Australian law applicable to agency and insurance. You must complete BOTH
questions one and two of this assignment.

QUESTION 1:

Peter is the facilities manager at the Berwick Greens Golf Club Inc. (“the club”). The club has been
experiencing some financial pressure lately due to a decline in guest numbers. The club’s committee has
instructed Peter that he is not to enter into any financial transactions which will cost the club more than
$5,000, without first obtaining the Committee’s approval. Peter is of the opinion that an indoor golf
simulation machine (“the machine”) would be a drawcard for new guests to the club, particularly those who
are undecided whether to become a member of the club. According to Peter, there is ample room for such
a machine in the entertainment area in the club’s building. The particular type of machine which Peter has

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in mind costs $10,000. The supplier of the machine, Acme Games (“Acme”) has a temporary special on all
its equipment. The machine which Peter is keen for the club to acquire usually sells for $15,000. Sensing
that this is an opportunity too good to be passed up by the club, Peter signs a contract with Acme on behalf
of the club for the purchase of the machine. He does so without informing the club’s committee. The
installation of the machine at the club’s building takes place during an evening, to minimise any disruption
during the day to the club’s members, personnel and guests. It is only when one of the club’s committee
members attends the club the following day that she becomes aware of this new machine and the purchase
contract with Acme. She then promptly informs all the other members of the club’s committee. You are
required to advise the club’s committee as to any rights and obligations it may have under agency law in
respect of the purchase contract with Acme. In your response, you should consistently refer to applicable
Australian law (case law and/or statute) relating to agency. (30 marks)

QUESTION 2 (Note: This question is separate from the question above):

Access the link below and read the article by Ms Karen Cox, CEO, Financial Rights Legal Centre, titled:
“Underinsurance no surprise: bushfire crisis highlights urgent need for reform”.
https://www.clcnsw.org.au/underinsurance-no-surprise-bushfire-crisis-highlights-urgent-need-reform

Having regard to Ms Cox’s article and applicable Australian insurance law, discuss the legal significance
of “underinsurance”, and how it has become an issue following the recent bushfires. In your response, you
should consistently refer to applicable Australian law (case law and/or statute) relating to insurance. (10
marks)

END OF ASSIGNMENT QUESTIONS

BULAW1503 COMMERCIAL LAW ASSIGNMENT – CRITERION REFERENCED MARKING RUBRIC

Further to pages 6-8 of the Course Description re. Assessment Task 2: Assignment:

Marks Level of Insight and Ability to Critical Referencing and Communication

awarded: Information: Understanding: Structure Analysis: Bibliography: skills
and ‐ grammar,
Organise the spelling and
Work: language:
80‐ 100% Work contains Shows a The work is Evidence of Perfect Excellent use of
original, highly sophisticated exemplary in highly skilled referencing and grammar,
relevant and level of insight structure and incisive a fully spelling and
exceptionally into the finer and critical comprehensive language.
comprehensive details of the coherence. analysis of and very well‐
information. assignment sources. presented
question/ bibliography, if
topic, and applicable.
displays
rigorous and
independent
thought.

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70‐79% Work contains Shows The work is Evidence of Consistent and Good use of
comprehensive, excellent skilfully and critical accurate grammar,
technically correct insight into the coherently analysis and referencing and spelling and
and relevant material and its structured convincing an organised language.
information. significance for with a high application and well‐
the question/ level of of source presented
topic. conceptual material. references
clarity. list/bibliography.
60‐69% Work contains Shows good The Evidence of Referencing is Satisfactory use
substantial and understanding structure of competent consistent, but of grammar,
accurate of the material the work is analysis of may contain spelling and
information on and its clear and the the source minor errors or language.
mainstream relevance for information material. omissions.
material. the is set out in References list/
question/topic. an orderly bibliography is
manner. extensive, but
may be slightly
disorganised or
contain minor
omissions.
50‐59% Work contains a Shows a fair The work is An attempt Work displays Reasonable use
reasonable understanding structured at analysis of an of grammar,
amount of of the material but some of the source understanding spelling and
accurate and its the material, of the principles language, but
information on the relevance for information although of referencing, may contain
main aspects the may be set limited in but citing is not some errors and
under question. question/topic, out in a scope. consistently lack of fluency.
although the disorganised executed and
understanding or unclear may contain
may be manner. some errors.
incomplete. Reference
list/bibliography
is not complete
and contains
some errors.
0-49% The work contains Shows very The work is Source Hardly any Work is barely
inadequate limited very lacking material and referencing and comprehensible,
information and understanding in structure relevant completely or at all, due to
includes significant of what the and is legal inadequate very poor use of
errors and material mostly, or authorities bibliography, grammar,
misinterpretations. means. totally, are hardly where spelling and
Authorities incoherent analysed, or applicable. language.
cited in support in its at all, and
of the wrong structure. lacks under-
propositions, standing.
and/or not
cited at all.

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