Extensions :-
The CQUniversity extension policy will be strictly enforced.Late submissions without an approved extension may incur a penalty of 5 per cent of the total marks available per day. Extension requests must be made in Moodle before the due date. Extension requests will only be considered if made in the online form in Moodle and in exceptional circumstances that are supported by appropriate documentation.
LAWS20058 Australian Commercial Law Assignment – Australia

Submission: Students must submit the assignment as a Word file (‘.doc’ or ‘.docx’) via the submission link in the ‘Assessment’ tile in Moodle for LAWS20058.

Word count: Assignments must not exceed a total of 2,000 words. The word count excludes citations and the reference list.

Format: The student’s name and student identification number must appear on the first page of the assignment and in the footer of each page. The assignment is to be formatted in a clear size 12 font (Calibri, Cambria or Times New Roman) double-spaced and include page numbers. The total word count must be stated on the first page of the assignment.

Students must use the appropriate answer structure from the workshops to answer all questions in Parts A, B and C. The assignment examines unit content covered in Weeks 1 to 5. The answer for each part must start on a new page clearly state the question number and include the word count for the part.

BACKGROUND FACTS
You recently completed your postgraduate studies and started a graduate position in the corporate services group at Global Consultants Pty Ltd. Your manager learned that you studied LAWS20058 and assigned you to the role of a business law specialist to assist clients with the legal requirements of starting and then operating a business. Your first client is Jan a graphic novel author and sports enthusiast who recently migrated to Australia from England in order to embark on her business dream of owning a sporting goods store.

Jan lives in the Sydney suburbs where she will open her retail sports store called Reverse Swing Sporting Goods Pty Ltd. The business will sell sports equipment and uniforms for several sports at a store a suburban location. While Jan is very enthusiastic and knowledgeable about the sporting industry she has a limited understanding of the Australian legal system and the relevant commercial laws that will govern her new business.

YOUR TASK
You must write a business report for Jan that provides advice on all business law questions in Parts A, B and C of this assignment. The report will be given to Jan at your first meeting as a resource she can use in setting up and then operating her business. Jan may also use the report to seek further advice on any specific legal issues.

ASSIGNMENT QUESTIONS
PART A – FINDING LAW
An important aspect of starting and operating a new business is finding relevant law. Numerous online legal resources now exist and the websites of government regulators also known as statutory authorities are a critical business resource for both finding law and legal education. Owners and managers of businesses need to be able to find reliable sources of law and evaluate their effectiveness and reliability. Such a skill is especially important for Jan to learn Australian law and to obtain guidance on the enforcement of law.

In Part A of your report you must:

Identify two online research sources that a business can use to find current Australian laws.
Students must identify two different types of sources, for example courts, governments statutory authorities or legal databases.

LAWS20058 Australian Commercial Law Assignment – Australia

Identify one law in each online research source located in Part A.1 of your answer and then 1 identify whether the law is legislation statute law or case law 2 identify the relevant jurisdiction 3 describe the key features of the law.

Evaluate the user experience for each online source located in Part A.1 of your answer from the perspective of a business entrepreneur. Your evaluation may include the format of the website the use of visual aids explanations of laws and legal processes and links to additional information or support.

PART B – BUSINESS LAW AND THE AUSTRALIAN LEGAL SYSTEM
Many people who start a small business may possess little knowledge of the Australian legal system and how the effect on the daily operations of their commercial activities. When undertaking the process to start-up and then operate business it is important for Jan to understand how the key features of Australia s legal system will shape the nature and manner of her business dealings and activities.

In Part B of your report you must:

1.Identify three important legal rules principles or concepts in the Australian legal system that are relevant to the commercial activities of Australian businesses.

2.Describe the key aspects of each legal rule principle or concept located in Part B.1.

3.Evaluate how each legal rule principle or concept located in Part B.1 effects the commercial activities of Australian businesses.

PART C – OPERATING A BUSINESS AND CONTRACTS
To manage commercial and legal risk involved in business entrepreneurs such as Jan need to recognise the legal obligations created by the common law of contract in forming and entering a legally enforceable contract and the available legal remedies if a term of the contract is breached.Another important skill for managers of a business is understanding how to validly exclude contractual liability. Your answer in Part B must answer both of the below questions.

LAWS20058 Australian Commercial Law Assignment – Australia

1.Formation of contract
Even though Jan is English and enjoys cricket she loves baseball and wants to help Australians learn how to hit a baseball. Jan has advised you that she will be selling a new and innovative product called ‘Wonder Bat that teaches players how to hit home runs. The advertising strategy is to record a short advertisement that can be used on the stores website and on various social media platforms. Jan wants to state in the advertisement that if players use the Wonder Bat then they will learn to hit home runs to the moon and will be able to hit more home runs than Babe Ruth.

In Part B of your report you must advise Jan whether a customer that views her proposed advertisement and then purchases the Wonder Bat but fails to hit home runs to the moon or more home runs than Babe Ruth can sue Reverse Swing Sporting Goods Pty Ltd for breach of contract.Your advice must focus only on whether the representations in an advertisement constitute an offer under the common law of contract. Your answer must be supported by legal principles and cases in the common law of contract. Do not discuss statute law.

2.Terms of a contract
As Jan is unfamiliar with Australian contract law she requires advice on how to identify and manage the commercial and legal risk associated with entering business agreements. You need to provide advice that explains how contract terms and remedies apply to operating a business. Jan will use your advice as the basis for developing contracts related to her commercial and activities.

LAWS20058 Australian Commercial Law Assignment – Australia

In Part B.1 of your report you must:

1. Identify one legal reason and one commercial reason why Jan needs to understand the terms of contracts Reverse Swing Sporting Goods Pty Ltd enters.

2.Describe the key legal differences between the express and implied terms of a contract. In your answer identify two commercial risks for the parties to a contract that exist when a term is implied in a contract.

3.Identify two forms of dispute resolution for resolving a contract dispute and describe the benefits of each form of dispute resolution for a business that is a party to the dispute.