代写 BTF1010 Business Law
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代写 BTF1010 Business Law
BTF1010 Business Law
Semester 1, 2016
Memo for Mid-semester Assessment
1
Due Date
The mid-semester assessment is due on Friday, 8 April at 13.00. It can only be
submitted online through Turnitin. Remember that Turnitin will only become
available once you agree to the Plagiarism Declaration online on our Moodle site.
Note that the system does allow for earlier submission.
Return Date
We expect that we will be able to return the assessment in your allocated tutorials
in week 8. Alternative arrangements will be announced on Moodle in case you will be
unable to collect it in your allocated tutorial.
Value
This assessment task is worth 20% of your result in the unit.
Format
The paper should be typed with 12 pt character – any fonts type - and 1.5 line
spacing fully justified paragraphs and 3cm margins on A4 pages.
Your word limit is 1,000 words. For every 10% - or part thereof – that you go
beyond the word limit you will attract a penalty of 0.5 points.
The first page is a title page which includes:
• your name;
• student ID;
• tutorial day & time;
• tutor’s name; and
• word count.
This is to be followed by the first page of the assessment (numbered pg 1 – the title
page is not numbered).
Your assessment must be all in one document only, preferably in .pdf format, but
acceptable as a .doc or .docx if you can't create a pdf. No other formats will be
accepted.
References
Cases can be referred to by just using the parties names, i.e. Donoghue v Stevenson
or its commonly used ‘nickname’ such as Snail in a Bottle. Make sure that we can
identify the case though.
Statutes can be referred to by their short name, i.e. Australian Consumer Law or ACL.
No other references are needed or should be used, in particular referencing
powerpoints or the textbooks is not acceptable. The only acceptable sources
are cases and statutes for this assessment.
2
Plagiarism, Collusion etc.
You will have to fill in the Plagiarism Declaration before you can submit the
assessment.
Intentional plagiarism or collusion amounts to cheating under Part 7 of the
Monash University (Council) Regulations.
Plagiarism: means taking and using another person’s ideas or manner of expressing
them and passing them off as one’s own. For example, by failing to give appropriate
acknowledgement. The material used can be from any source (staff, students or the
internet, published or unpublished works).
Collusion: means unauthorised collaboration with another person on assessable
written, oral or practical work and includes paying another person to complete all or
part of the work.
Where there are reasonable grounds for believing that intentional plagiarism or
collusion has occurred, this will be reported to the Chief Examiner, who may disallow
the work concerned by prohibiting assessment or refer the matter to the Associate
Dean, Teaching and Learning.
In short, the declaration will provide evidence that you read and agreed to the
following information:
• I have read the University’s Student Academic Integrity Policy and the University’s
Student Academic Integrity: Managing Plagiarism and Collusion Procedures.
• I understand the consequences of engaging in plagiarism and collusion as
described in Part 7 of the Monash University (Council) Regulations.
• I have taken proper care of safeguarding this work and made all reasonable effort
to ensure it could not be copied.
• I acknowledge that the assessor of this assignment may for the purposes of
assessment, reproduce the assignment and:
i. provide to another member of faculty; and/or
ii. submit it to a plagiarism checking service; and/or
iii. submit it to a plagiarism checking service which may then retain a
copy of the assignment on its database for the purpose of future
plagiarism checking.
• I certify that I have not plagiarised the work of others or participated in
unauthorised collaboration when preparing this assignment.
3
Submission Details
The mid-semester assessment can only be submitted online through Turnitin.
Remember that Turnitin will only become available once you agree to the Plagiarism
Declaration online on our Moodle site. Note that the system does allow for earlier
submission.
Penalties for Late Lodgement
In line with the department’s late policy, for more than 59 minutes a 10% reduction
per calendar day is applicable. Meaning for every calendar day, or part thereof, that
the assessment is late, it will attract a penalty of 2 points.
Special Consideration
Submissions for a special consideration, i.e. extension of time, must be presented in
writing. The special consideration form is available at
http://www.monash.edu/__data/assets/pdf_file/0006/277152/in-semester.pdf
Please note that the form and the evidence may be send electronically.
Applications for special consideration must be approved by the Chief Examiner,
Dr. Kerstin Steiner. Extensions will not be granted by your tutor!
Extensions will only be granted with current and legitimate proof – current medical
certificate, counsellor’s certificate or other appropriate documented evidence. You
should refer to the following website for detailed information concerning special
consideration, http://www.monash.edu.au/exams/special-consideration.html
The Chief Examiner reserves the right to deny an extension if proof of incapacitation
is not sufficient.
Students should back-up their work in multiple ways to ensure issues of disk
corruption and loss of work are minimised. Extensions will not be granted for loss of
work, disk corruption, or internet connection problems.
Learning Objectives Assessed
This assessment task is designed to test your achievement of assessing legal risks in
the area of non-contractual risks and obligations.
4
Marking Criteria
Very High
High
Pass
Low
Not shown
1. Interpretation
and Analysis
Fulfils the task and answers
correctly.
Fulfils the task and
answers mostly correctly.
Partially fulfils the task
and answers somewhat
correctly.
Does not fulfil the task and
answers mostly incorrectly or
vice versa.
Does not fulfil the task
and answers incorrectly.
Identifies the salient case
law or statutory law.
Identifies most relevant
case law or statutory law.
Identifies some relevant
case law or statutory law.
Fails to identify salient case
law or statutory law.
Fails to identify or
dismisses relevant case
law or statutory law.
Identifies the salient
arguments for and against
a position.
Identifies most relevant
arguments for and against
a position.
Identifies some relevant
arguments for and against
a position.
Fails to identify salient
arguments for and against a
position.
Fails to identify or
dismisses relevant
arguments for and against
a position.
2.
Communication
Appropriate use of
discipline specific language
with sound understanding
of the underlying concepts.
Use mostly discipline
specific language with
occasional
misunderstandings in the
understanding.
Use some discipline
specific language which is
sometimes incorrect.
Use some discipline specific
language albeit incorrectly,
lacks understanding.
Use mainly lay language
and understanding not
communicated.
Presentation format and
style engaging and highly
appropriate for the
audience.
Presentation format and
style mostly appropriate
for the audience.
Presentation format and
style sometimes engaging
and appropriate for the
audience.
Presentation format and style
lacks engagement and is
mainly inappropriate for the
audience.
Presentation and format
not engaging and not
appropriate for the
audience.
代写 BTF1010 Business Law
3. Structure Logical flow of ideas and
content in the right
sections.
Mostly well structured and
content mostly in the right
section.
Used structure and
content sometimes in the
illogical area.
Used structure though
contents mostly in the wrong
area.
Lack of structure
Coherence between and
within sections.
Mostly coherent between
and within sections.
Some coherence between
but sometimes not within
sections or vice versa.
Some coherence between but
mostly not within sections or
vice versa.
Lack of coherence within
and between sections.
Title and headings are
present, clear, reflect on
and relate to each other.
Title and headings are
present and mostly clear,
reflect on and relate to
each other.
Title and headings are
present, but require some
refinement.
Title and headings may be
present but require refinement
and/or may not relate to each
other.
Title and headings are not
present.
4. Evaluation
and Conclusion
Thoughtfully evaluates
alternative points of view.
Offers evaluations of
alternative points of view.
Some evaluation of
alternative points of view.
Superficially evaluates
alternative points of view.
Ignores alternative points
of view.
Draws justified conclusions
based on clearly explained
reasons.
Draws justified conclusion
on mostly explained
reasons.
Draws justified
conclusions based on
some evidence.
Draws unjustified conclusions
based on little evidence.
Draws irrelevant or
unjustified conclusions.
Please note that the marking criteria do not carry equal weight. Furthermore, some of them might not be applicable to a particular question. So they are only
indicative as to how you went overall in the assessment task not a specific question.
5
Scenario: Clean Aqua
Clean Aqua Pty Ltd has developed a technology for treating industrial waste streams that can
recover about 97% of the water content, and up to 99% of mineral salts and other solids, for
re-use. This technology has been tested successfully in aluminium smelters, biofuel plants,
and other demanding applications. The first commercial installations will be made in the first
half of this year.
The next step in the company’s plan is to market a domestic appliance for residential use of its
technology. It has developed a small home appliance which it has named Clean Aqua. Clean
Aqua treats “grey water” waste streams from homes, dormitories, hotels, apartment blocks,
and other accommodation to produce water for use in gardens, swimming pools, toilets,
washing machines and dish washers, and perhaps basins, showers, and troughs. A home
appliance can be coupled with a solar hot water heater, air conditioner, or even a refrigerator.
At first, a small batch, of home Clean Aqua appliances are produced and marketed. The
appliances come with a warning on the package which says:
Warning: Water produced by Clean Aqua is not fit for oral consumption.
Water produced by Clean Aqua is only suitable for use in gardens,
swimming pools, toilets, clothes and dish washers.
One of the retailers of Clean Aqua, called EnviroPro Pty Ltd, sells a ‘display model’ of a home
Clean Aqua appliance to a customer after it runs out of packaged models. They no longer
have the packaging for the home Clean Aqua appliance so they wrap it in recycled paper and
hand it to the customer who is very excited with their purchase.
The customer takes the Clean Aqua appliance home, installs it and begins using the water
produced by it for drinking and cooking as they have not read the warning. The customer
subsequently falls sick with mild dysentery, misses approximately five weeks of work and
develops Irritable Bowel Syndrome which will impact upon their long term quality of life.
1. What are the legal risks that Clean Aqua Pty Ltd is facing under statute law for the
product, that is the home Clean Aqua appliance? 10 points
2. What are the legal risks that Clean Aqua Pty Ltd is facing for naming the product ‘Clean
Aqua’ under
a. common law; and 5 points
b. statute law 5 points
IMPORTANT INSTRUCTIONS
Please note that the discussion for all those questions is limited to non-contractual
risks.
You will have to answer ALL questions.
Please note that if the facts do not warrant a discussion of all the elements of a legal
risk, only the relevant elements should be discussed.
代写 BTF1010 Business Law
