LEGAL CASE ANALYSIS – ISABELLA AND SIENA

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LEGAL CASE ANALYSIS – ISABELLA AND SIENA

Question 1

Issue:

The issue of law relevant here is that a legally binding contract should arise from an element f agreement.

Rules of Law Relevant to the Issue:

Contracts are considered consensual transactions in nature. By being consensual, it means that the contracting parties must have a binding complete agreement.  This implies that both parties must understand the terms as contained in the contract, and must agree to be bound by these terms.  For the element of agreement to be met, the component of offer and acceptance has to be proved.

An offer is a statement that shows that willingness by an offeror to enter into a contract under outlined terms, while and acceptance is a statement of the offeree assenting to the terms as offered.

Category:

Description

ASSIGNMENTTWO
CASE STUDY (30%)
The case study which students are required to resolve using the four step process is set out below
on pages 5 and 6. Students are required to apply the relevant legal concepts and principles to
analyse and solve the legal issues arising in the case study by explaining and applying their
knowledge of the legal principles and rules arising in the Australian legal system.
You will have to listen to the four step process vodcast in the assessment folder on
blackboard prior to attempting this assignment. Please note also that the information
contained in the course materials (the text book, E- tutorials and seminar materials) are
sufficient when completing your assignment. It is not necessary to research beyond these
materials for the purpose of completing this assignment. LEGAL CASE ANALYSIS – ISABELLA AND SIENA.

NOTE:
• The fact scenario used in this assignment is fictitious.
• Students are to focus on answering the assignment question with reference to the materials
covered in topic 3. Students do not need to (and should not) undertake any additional
research. The level of detail and information contained in the course materials is sufficient to
answer the assignment. LEGAL CASE ANALYSIS – ISABELLA AND SIENA.

• Note the four step process requires students to refer to legislation or case law as authority
for the rules of law explained in step two. Where appropriate you will need to refer to any
applicable legislation or case authorities contained in the material for topic 3. You may also
want to review the materials on referencing that were provided for the first assignment.
1 of
2
Marking rubric
The case study is made up of two (2) four step process questions. Each is worth fifteen (15) marks.
The four step process marking rubric for each question is as follows:
STEP ONE
Identify the legal issue
No marks specifically (as this is usually
stated in the question)
STEP TWO
Explain the rule(s) of law with
reference to relevant authority.
8 marks available
STEP THREE
The rules of law explained must be
specifically applied to the facts so a
solution can be found.
6 marks available
STEP FOUR
A logical conclusion should flow
from the above steps
No marks specifically available
Overall use of the four step process,
structure of the answer and
referencing.
1 mark available
In relation to the marks allocated for the overall use of the four step process, structure of the answer
and referencing, regard will be had to not just whether the answer is “set out” in the four steps.
Consideration will be given to the clarity of the explanation of the law with regard to applicable
authority where relevant. Students will be rewarded here for a detailed application of the facts to the
law explained. For example, a very good use of the four step process would be the application of the
facts specifically to every principle of law explained. LEGAL CASE ANALYSIS – ISABELLA AND SIENA.
Consideration will also be given to the logical presentation, coherency and consistency of the
explanation of the law, application of facts and subsequent conclusion. Consequently this will include
a consideration of matters such as presentation, formatting, expression, sentence structure,
grammar and the like.
As a general guide, a student who has used the four step process correctly for each question(has
identified the relevant principle(s) of law, explained the rule(s), applied the facts and come to a logical
conclusion), but where the explanation of the law or application of the facts is not as detailed as it
could be, or the conclusion is not a logical progression of what has gone before, the student would be
awarded a pass mark for this part of the assignment, i.e. 0.5 marks. LEGAL CASE ANALYSIS – ISABELLA AND SIENA.
3
Referencing and appropriate acknowledgement of sources
Most often errors in referencing are incidental or clearly inadvertent. In the event of a level one
incident of plagiarism occurring, a student may be contacted by the University and required to
undertake further training or remedial work in relation to referencing. Where the lack of correct
referencing appears to contravene the University policy on plagiarism, the student’s paper will be
referred to the Unit Coordinator and dealt with according to University policy. This may amount to
academic misconduct. LEGAL CASE ANALYSIS – ISABELLA AND SIENA.
An important aspect of the University Plagiarism Policy is recognition that not all plagiarism incidents
are intentional or involves cheating. If students are not learning as expected, they will be made aware
of their difficulties and helped to improve. Those who deliberately choose to cheat by way of
plagiarism, however, will be identified and dealt with accordingly.
Students are strongly advised to understand their responsibilities in relation to correct
referencing and should consult the unit outline and PowerPoint slides on referencing located on the
Business Law 100 Blackboard site for more information.
Format of assignments
Assignments cannot be handwritten and must comply with the following format requirements. Those
assignments, which do not conform to these requirements without prior agreement of the unit
coordinator, will either be returned to the student unmarked or will have marks deducted:
• Document type: Word or pdf (pdf preferred)
• Font: Arial or similar font – no smaller than 12 point in size
• Pages: Numbered in top or bottommargin
• Spacing: Appropriate line spacing and paragraph spacing
• Margins: At least 2.5 cm top, left, right &bottom
Presentation
• Cover sheet (located on Blackboard under the ‘Assessment’ tab) must be attached to the
assignment
• Appropriate sentence structure
• Correct grammar, spelling and punctuation
• Paragraph size and breaksappropriate
• Consistent format
• Appropriate use of headings and sub-headings
• Within acceptable word limit
• Appropriate referencing and acknowledgment of sources
4
Word Limit
The total assignment (meaning question one and two) should be a minimum of 500 words and not
exceed 2,500 words.
Please provide a word count on your cover sheet. A penalty of 10% will be imposed on assignments
that exceed the word limit. Markers have discretion as to whether to apply the penalty for an
additional 100 words, provided the discussion remains relevant. The assignment will not be assessed
if it exceeds 3,500 words and will result in a ZERO mark. LEGAL CASE ANALYSIS – ISABELLA AND SIENA.
The word count does not include the following:
• cover sheet;
• in-textreferencing;
• referencing list;and
• headings.
Submission
Please read the submission process carefully. Students should understand that compliance with
instructions in relation to an assessment task is critical. Students MUST be aware that noncompliance with submission instructions can result in a mark of ZERO.
All assignments must be submitted by 1PM (WST) on the Friday of the week the assignment is due,
i.e. Assignment two is due Friday, 13 October 2017 by 1PM (WST).
Students are required to submit their assignment to Blackboard through a link provided in the
‘Assessment’ folder titled ‘Assignment two’. The assignment will automatically be submitted to the
plagiarism detection program, Turnitin. LEGAL CASE ANALYSIS – ISABELLA AND SIENA.
Students are given the option to submit draft versions of their assignment into Turnitin (via
Blackboard) to retrieve an originality report for their assignment. To submit a draft assignment,
students should upload their draft assignment to Blackboard through the ‘Assignment two’ link
referred to above. Students are allowed to submit multiple drafts through that link. If one or more draft
assignments are submitted by a student through that link, the last version of the assignment that a
student uploads before the due date / time will be taken as the final version of their assignment, which
will be marked for assessment purposes.
For more information about the submission process or Turnitin, please refer to the detailed
submission instructions on Blackboard within the ‘Assessment’ folder.
5
Feedback on assignments
All of the teaching staff are available to assist you with your learning in this unit. You should
contact your lecturer if you need help understanding the course material or issues arising in
the assignment. There is also a staffed discussion board available for students. It is often
helpful to share ideas and problems with other students using this forum. You can also
contact the unit coordinator if you are still unable to get the answer you are seeking. Please
allow 48 hours (two working days) for a response to your query.
Unfortunately it is just not possible for the teaching staff to review draft assignments for
comment before submission as it is in effect double marking. If you require help with
your assignment, either narrow the question or section of work to specific questions.
This assignment will be marked using a rubric. In providing feedback to students using this
rubric, markers will detail an answer guide and individual comments on what a student had
done well and suggestions for improvement in the future. This will include specific feedback
on the use of the four step process. LEGAL CASE ANALYSIS – ISABELLA AND SIENA.
Assessments submitted early will not be marked before the due date.
Please refer to the unit outline for the full procedure in relation to penalties for late
submission and requests for an extension. LEGAL CASE ANALYSIS – ISABELLA AND SIENA.
Case study
Isabella loves to collect film and television memorabilia. She has assembled a large number
of interesting items including a collection of original images and replica costumes from the
1960’s and beyond. Isabella is a teacher at a Perth High School. She has saved enough
money over the past year for a trip to Europe where she hopes to visit the London Weekend
Television Studios in the U.K and the CineCitta film studio in Rome, Italy. She plans to
purchase more memorabilia whilst on holiday and go on speciality tours of film and
television series sets. On Monday morning she telephones her sister, Siena who runs a
travel agency that specialises in themed tourism called UberTour Pty Ltd in order to
organise the trip including flights and accommodation. Siena sends the following email to
Isabella at 11am Monday:
Dear Isabella,
UberTour can supply airline tickets to the United Kingdom and Italy and
accommodation in London and Rome which will allow you to attend a number of
locations of interest and also have the opportunity to buy merchandise in addition to
general shopping and sightseeing. You will arrive on Friday the 22nd of September
and remain in the United Kingdom and Europe for a three week period. The price is
$9700. If this is suitable please confirm by email before 12noon Wednesday as flights
and accommodation are becoming scarce. LEGAL CASE ANALYSIS – ISABELLA AND SIENA.
Kind regards
Siena
6
Isabella sends an email to Siena at 1130am Wednesday thanking her and confirming
that she will take the tickets and accommodation. She also books two other tours
online. One is a tour of ‘London by Horse and Carriage’ including a visit to the Tate
Modern Art Gallery and the London Eye along with a tour of Historic Rome including a
meal on the famous Via Veneto which was a street setting utilised in one of her
favourite films of the 1960’s. What Isabella doesn’t know, however, is that Siena is
having a long standing argument with her internet provider, Bodo Telecommunications
who withdrew services on Tuesday afternoon and will not provide internet access until
she pays her overdue account. LEGAL CASE ANALYSIS – ISABELLA AND SIENA.
As a result, Siena did not see Isabella’s email on Wednesday morning. Siena paid the
overdue account a few days later and read the email as soon as her service was
reconnected on Friday evening. Unfortunately, she can now no longer provide the
package at the quoted price of $9700 for the original dates. She advises Isabella who
is by now extremely upset and disappointed as she paid for the two city tours by credit
card and they cannot be rescheduled. Moreover, she had also expected to take
advantage of school holidays which is a convenient time for her to go overseas and
had organised accommodation for her dog, Nikki in a kennel for the period of her
absence. Siena can, however, provide another similar package for Isabella in August
next year for the discounted price of $10900. Siena says this is a good price as they
are family. LEGAL CASE ANALYSIS – ISABELLA AND SIENA.
Question:
1. Using the 4 step process, consider whether the element of agreement required for
the formation of a legally enforceable contract has been satisfied in the above
scenario involving Isabella and Siena.
and
2. Using the 4 step process, also consider whether the remaining formation elements of
intention and consideration have been satisfied in the above scenario. LEGAL CASE ANALYSIS – ISABELLA AND SIENA.

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LEGAL CASE ANALYSIS – ISABELLA AND SIENA

Question 1

Issue:

The issue of law relevant here is that a legally binding contract should arise from an element f agreement.

Rules of Law Relevant to the Issue:

Contracts are considered consensual transactions in nature. By being consensual, it means that the contracting parties must have a binding complete agreement.  This implies that both parties must understand the terms as contained in the contract, and must agree to be bound by these terms.  For the element of agreement to be met, the component of offer and acceptance has to be proved.

An offer is a statement that shows that willingness by an offeror to enter into a contract under outlined terms, while and acceptance is a statement of the offeree assenting to the terms as offered…..

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