Instructions:

There are three case studies that you are required to critically analyse.

With respect to each case study:

Identify the legal issue(s) arising from the facts of the case study

Identify the appropriate legal principles that requires discussion in the case study Apply the law to the facts of the case study

Reach a conclusion/ give practical advice to your client.

Your analysis should refer to appropriate cases and statutes and be referenced using the Harvard Reference system.

You will be assessed in accordance with the Assessment Rubric.

Case Study 1

Lance purchases a new ute from Mighty Motors Pty Ltd for $25,000. He tells Lynton, the car salesperson that he is a partner in a herbal products business. Lynton is aware of the business as he has read an article about it in the local newspaper.

The three partners had agreed that a car would be purchased for the business but Lance was instructed not to spend over $20,000.

Lynton is completely unaware that Lance has a purchasing limit.

Will the partnership be bound by this contract? Can the other partners take action against Lance?

Case Study 2

Xiaojing is keen to sell her products. The business produces a lavender and Echinacea moisturiser. The business produces an advertising flyer that states the moisturiser will ‘slow the effects of ageing’. This is false.

The partnership is not happy with the Ute – they think they have bought a ‘lemon’. They decide to sell the car to Saqlaim a refugee from Syria who has little understanding of English. Fast talking and charismatic Lance talks him into purchasing the car. He enters a contract with a finance company to purchase the car.

Will Saqlaim be bound by the contract? Do consumers have a remedy regarding the claims re the moisturiser?

Case Study 3

Felix a uni student aged 20 is keen to earn some income during the summer holidays. He is employed as a casual to pick lavender.

He will be paid $25 cash per bag.

One Sunday Xiaojing tells him that he is doing such great work she will pay him an extral $100 for work he did yesterday clearing garden beds.

She reneges on her promise and Felix is outraged. He wants to know if he can sue Xiaozing for the $100.

Advise Felix.

Learning Rubrics

Assessment Fail Pass Credit Distinction High Distinction
0-49 50-64 65-74 75-84 85-100
Attributes
(Unacceptable) (Functional) (Proficient) (Advanced) (Exceptional)
Evaluation of Limited understanding of key concepts Resembles a recall or Supports personal Discriminates Systematically and
information selected to required to support the case study. summary of key ideas. opinion and information between assertion of critically discriminates
support the case study substantiated by personal opinion and between assertion of
Confuses logic and emotion. Information Often conflates/confuses evidence from the information personal opinion and
taken from reliable sources but without a assertion of personal research/course substantiated by information
20 % coherent analysis or synthesis. opinion with information materials. robust evidence substantiated by robust
substantiated by from the evidence from the
Viewpoints of experts are taken as fact evidence from the Demonstrates a capacity research/course research/course
with little questioning. research/course to explain and apply materials and materials and extended
materials. relevant concepts. extended reading. reading.
Analysis and evaluation Identify logical flaws. Well demonstrated Information is taken
do not reflect expert capacity to explain from sources with a high
judgement, intellectual Questions viewpoints of and apply relevant level of
independence, rigor and experts. concepts. interpretation/evaluation
adaptability. to develop a
Viewpoint of experts
are subject to
questioning.
Analysis and
evaluation reflect
growing judgement,

Case Study Assessment Briefs.docxLaw6000 Assessment Briefs- Case Studies                                                                                                                                                                                                                                

  intellectual comprehensive critical
independence, rigor analysis or synthesis.
and adaptability.
Identifies gaps in
knowledge.
Exhibits intellectual
independence, rigor,
good judgement and
adaptability.
Effective Difficult to understand for audience, no Information, arguments Information, arguments Information, Expertly presented; the
communication while logical/clear structure, poor flow of ideas, and evidence are and evidence are well arguments and presentation is logical,
giving advices to client argument lacks supporting evidence. presented in a way that presented, mostly clear evidence are very persuasive, and well
is not always clear and flow of ideas and well presented, the supported by evidence,
No effort is made to keep audience logical. arguments. presentation is demonstrating a clear
engaged, audience cannot follow the line logical, clear and flow of ideas and
of reasoning. Attempts are made to The audience is mostly well supported by arguments.
keep the audience engaged, line of evidence.
Little use of presentation aids, or the engaged, but not always reasoning is easy to Engages and sustains
10 % presentation aids and material used are successful. Line of follow. Engages the audience’s interest in the
irrelevant. reasoning is often audience, topic, demonstrates high
difficult to follow. Effective use of demonstrates levels of cultural
presentation aids. cultural sensitivity. sensitivity
Presentation aids are
used more for effect Carefully and well Effective use of diverse
than relevance. prepared presentation aids,
presentations aids including graphics and
are used. multi-media.

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Application of knowledge to practise while providing appropriate advice to clients

Limited understanding of the internal and Understands the internal Understands the impact Evaluates the impact Demonstrates cultural
external business environment. and external business of financial, social, of financial, social, sensitivity.
environment including political, environmental political,
Lacks a global perspective for potential commercial context and issues on the business. environmental issues Analyses the impact of
market and trends. market forces. on the business; and financial, social, political,
Demonstrates where relevant, as environmental issues on
Uses a limited range of information as the Understands local and commercial awareness of they relate to the business; and where
basis of recommended practice. global markets/trends. product different countries relevant, as they relate to
development/service where the business different countries where
Accesses relevant provision. may operate. the business may
information. operate.
Understands the Demonstrates
Adequately utilises business. commercial Critically demonstrates
information from a awareness of commercial awareness of
variety of sources. Can prepare and product product
presents business development/service development/service
Gathers/utilises cases/proposals. provision and cost provision and cost
competitor knowledge. relationships. relationships.
Understands the Holistic understanding of
business and its risks. business and its risks.
Can prepare and Assesses the impact of
presents business information and
cases/proposals. communication systems
on the operations of the
business.
Critical understanding of
the global market
opportunities and
competitive
environment.

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Case Study Assessment Briefs.docxLaw6000 Assessment Briefs- Case Studies                                                                                                                                                                                                                                 

Evaluation and Limited understanding of key concepts Resembles a recall or Supports personal Discriminates Systematically and
Justification of required to support discussion summary of key ideas. opinion and information between assertion of critically discriminates
Information provided substantiated by personal opinion and between assertion of
to client Confuses logic and emotion. Information Often conflates/confuses evidence from the information personal opinion and
taken from reliable sources but without a assertion of personal research/course substantiated by information
coherent analysis or synthesis. opinion with information materials. robust evidence substantiated by robust
20 % substantiated by from the evidence from the
Viewpoints of experts are taken as fact evidence from the Demonstrates a capacity research/course research/course
with little questioning. research/course to explain and apply materials and materials and extended
materials. relevant concepts. extended reading. reading.
Analysis and evaluation Identify logical flaws. Well demonstrated Information is taken
do not reflect expert capacity to explain from sources with a high
judgement, intellectual Questions viewpoints of and apply relevant level of
independence, rigor and experts. concepts. interpretation/evaluation
adaptability. to develop a
Viewpoint of experts comprehensive critical
are subject to analysis or synthesis.
questioning.
Identifies gaps in
Analysis and knowledge.
evaluation reflect
growing judgement, Exhibits intellectual
intellectual independence, rigor,
independence, rigor good judgement and
and adaptability. adaptability.

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Correct citation of key Demonstrates inconsistent use of good Demonstrates use of Demonstrates use of Demonstrates use of Demonstrates use of
resources and evidence quality, credible and relevant resources to credible and relevant high quality, credible and good quality, high-quality, credible and
support and develop ideas. resources to support and relevant resources to credible and relevant relevant resources to
develop ideas, but these support and develop resources to support support and develop
20 % are not always explicit or ideas. and develop arguments and position
well developed. arguments and statements. Shows
statements. Shows evidence of wide scope
evidence of wide within and without the
scope within the organisation for sourcing
organisation for evidence
sourcing evidence

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