Subject: law 504 You must use the ILAC format when writing your answers. **In this subject, assignments are marked on-line, using an adapted MS Word programme. You therefore MUST submit your assignment in Word format, NOT as a PDF document. If you submit in PDF it will not be able to be marked.** ***If you anticipate the need to apply for an extension, please read the rules on extensions in this Subject Outline before doing so.*** ASSIGNMENT 1 (10 marks) Peter owns a construction business. He needs a truck to transport building materials. Each truck he uses earns him profit of $ 10 000 per week. Peter contacts Wendy, who owns a fleet of trucks. They have several telephone discussions about a Mercedes Benz 5000 truck that Peter is interested in buying. During one of these discussions, Peter asks Wendy whether the truck has a heavy duty suspension, explaining that he needs to transport bags of concrete to construction projects in rural areas. Wendy says that it does, without checking its specifications. Peter posts Wendy a letter containing a contract in which he offers to buy the truck for $ 300 000. The contract reaches Wendy on 5 November. She signs the contract at the space indicated for acceptance, and puts the acceptance into the post on 7 November. On 8 November, Peter phones Wendy and says \"I haven't heard from you and I've had second thoughts, so I am revoking my offer to buy the truck\". Wendy says \"Too late, I'm delivering it today\". Later that day, she delivers the truck to Peter's premises. Peter notices that the truck does not have heavy-duty suspension, and refuses to pay for it. Wendy's letter of acceptance reaches Peter only on 10 November. Wendy has now sued Peter for $ 300 000. Because it is a busy time of year for the trucking industry, it takes Peter two weeks to find another truck to use for his business. Advise Peter as to his legal position, examining all relevant legal issues that could arise from these facts. **Please check that you have complied with the rules contained in the Style Guide before you submit your assignment.** Rationale This assessment item will allow you to demonstrate your ability to engage in legal research; identify the legal issues arising out of novel factual situations, to analyse the applicable law and to differentiate between which rules are applicable and which are not and then apply the law to the problem; explain and summarise the applicable law in such a way as to create a report for a client which states what liabilities arise from novel factual situations And more specifically your knowledge of the law of contract formation and the law relating to factors affecting the validity of agreement your ability to undertake an assessment task relevant to the workplace and professional practice. Marking criteria CRITERIA Students are required to answer two problem type questions in order to demonstrate: Identification of relevant legal issues HD To meet this level you will achieve a cumulative mark of 85-100%. A mark in this range indicates that a student: DI To meet this level you will achieve a cumulative mark of 75-84%. A mark in this range indicates that a student: CR P FL To meet this level To meet this level you At this level you will you will achieve a will achieve a obtain a mark of 0cumulative mark cumulative mark of 49%. A mark in this of 65-74%. A mark 50-64%. A mark in range indicates that a in this range this range indicates student: indicates that a that a student: student: Comprehensive Correctly identifies Identifies and Identifies some legal Identifies no relevant coverage and legal issues and correctly issues. May or may issues or only a few identification of all formulates them formulates most not formulate them of them. Some of legal issues, which with consideration major legal issues correctly. Considers these may be are formulated with of contextual connected to links to relevant law. unclearly consideration of all factors connected to relevant law. formulated. Considers contextual factors . relevant law, with few contextual factors only minor errors. of relevant law. Explanation Provides a complete Provides a Provides a Provides a basic Provides incorrect or of law and explanation of the comprehensive substantial explanation of the limited explanation of citation of law, justified by explanation of the explanation of the law, but with the law using no, or relevant legal relevant statute and law with few errors, law but with some significant errors, only a limited range authority case law authority, substantiated by errors, substantiated by some of, authority. with no relevant case and substantiated by legal authority. errors. Discussion statute law stating significant legal identifies key rules relevant principles.. authority in the of law, stating Research of form of statute and relevant principles relevant legal case law. and shows insight in authority shows a identification and breadth of discussion of investigation potentially hidden through detailed issues. Research of analysis and relevant legal discussion.. authority shows a breadth of investigation through detailed analysis and discussion. Application of Applies the law to Applies the law Applies the law Makes a basic attempt Paper does not legal the facts so as to correctly to the correctly to most to apply the law to the correctly apply law to principles to reach a correct facts so as to issues arising from facts, but applies the facts and / or the facts conclusion on all address all issues, the facts, but with wrong law and / or applies incorrect issues, with no with only minor some contains significant law. May be errors. Argument errors. Argument errors. Argument errors in the descriptive, rather discusses linkages discusses linkages discusses application. Argument than putting forward between facts and between facts and application of the summarises a reasoned argument. the law and the law, evaluating law. Conclusion application of the considers counter- the impacts of summarises advice law. Advice to client arguments, applying the law to for client. is incomplete. evaluating the the situation impacts of applying considering factors the law to the that may affect the situation considering application. a broad range of Conclusion draws factors that may together advice for affect the client application. Conclusion draws together advice for client. Compliance Uses Style Guide Uses Style Guide Adequate use of with the Style comprehensively, accurately and with Style Guide, with Guide and accurately and only minimal some errors or overall consistently. Uses errors. lapses. Uses ILAC structure. ILAC model. Uses ILAC model and is Extremely well model. Well clearly structured. structured and structured, with one organised, with one main argument main argument introduced per introduced per paragraph. paragraph, supported by wellwritten supporting sentences. Written Uses appropriate Uses appropriate Uses appropriate expression and academic writing academic writing academic writing editing. which is formal, which is formal, which is formal impersonal and and impersonal and impersonal, which contains no with only very with a few spelling, grammar minor spelling, spelling, grammar and punctuation grammar and and punctuation errors. Paper punctuation errors. errors. Paper demonstrates careful Paper demonstrates demonstrates proofreading. careful evidence of proofreading. proofreading. Limited or inconsistent use of Style Guide. Some attempt at use of ILAC model and at structuring of answer. Poor, inconsistent or inaccurate use of Style Guide. Poorly structured. Inadequate or no use of paragraphs. May have disregarded the ILAC model. Significant spelling, grammar and punctuation errors but the paper is readable and demonstrates some attempt at proofreading. Poor grammar, spelling and/ or punctuation. Paper gives no evidence of having been proofread. Presentation Please comply with the following Style Guide: 1. Do not re-state the question. 2. Use in-text referencing. Do not use footnotes. 3. Names of statutes should be italicised, and followed by the jurisdiction not in italics, for example: Acts Interpretation Act 1901 (Cth). Note the abbreviation for 'Commonwealth' is 'Cth' not 'Cwlth'. 4. The names of the parties must be italicised, but the citation must not, for example: Smith v Jones (1967) 345 CLR 34. 5. An in-text reference to a book should be structured as follows: (Latimer, 2010, p. 75). There is no need to put the author's initial. Note the positioning of brackets, stops and commas. You use 'pp.' only if referring to more than one page. If you are referring to a book with more than one author, the in-text reference would be as follows: (Smith et al, 2002, p. 78). 6. An in-text reference to the subject's Modules should be structured in brackets as per the following example - obviously you will alter the reference depending on the subject, year of study and Module number : (CSU LAW220 Modules, 2015, Topic 7). 7. Do not start a new line simply because you are starting a new sentence. 8. Be careful of apostrophes: director's = of a director, directors' = of many directors, directors = many directors. Also particularly prevalent is confusion between its (it possessive) and it's (contraction of "it is"). 9. The following words always start with a capital letter: Commonwealth, State, Act, Bill, Regulation, Constitution, Parliament. Do not unnecessarily capitalise other words. 10. One should not use terms such as can't, won't, don't and shouldn't, neither should one use "ie" and "eg" in formal writing. 11. A sentence must always begin with a full word and a capital letter - so a sentence would start 'Section 55 says...', not 'S 55 says...' or 's 55 says...'. The abbreviation for 'section' in the middle of a sentence is 's'. 12. Start each paragraph on a new line, and leave a clear line gap after the preceding paragraph. 13. You must put page numbers on your assignment. 14. Quotations and excerpts from legislation should be indented from the rest of the text in a separate paragraph. The text in quotations should not be in italics. 15. You must end your assignment with a bibliography that is divided into three separate parts, listing statutes, cases and books / articles / on-line Modules. 16. A listing of a book in a bibliography should appear in accordance with the following format: Latimer, P (2010). Australian Business Law, 29th ed, North Ryde: CCH. If listing a book with multiple authors, do so as follows: Heilbron, G, Latimer, P, Nielsen, J and Pagone, T (2008). Introducing the Law, 7th ed, North Ryde: CCH. 17. When listing statutes at the end of your assignment you should conform to the format: Acts Interpretation Act 1901 (Cth). List the statute only once - you do NOT list individual section numbers relied on. You should not list textbooks as the source of Acts - the Act itself is its own source. 18. When listing cases conform to the format: Gordon v Richards (1976) 123 CLR 32. 19. When listing article conform to the format: Jones, J 'The new analysis of law' (2010) 4 Journal of Recent Law 34. 20. When listing CSU Modules conform to the following format: CSU LAW220 Modules. 21. Make sure that your sentences are grammatical - it may be useful to read your assignment out loud if you have any doubts about this. PLEASE NOTE THAT YOU WILL LOSE MARKS IF YOU DO NOT COMPLY WITH THIS STYLE GUIDE. I WILL REFERENCE NON-COMPLIANCE BY ANNOTATING YOUR ASSIGNMENT\"2\