SCHOOL OF LAW 200432 Commercial Law Quarter 3 2019 Assessment 2: Essay (1,500 words) (25%) Overview The essay must be completed by each student individually. There will be two problem questions, which will be made available on vUWS. An announcement will be posted on vUWS in Week 5, when the essay questions have been uploaded into the Assessment folder. Students must answer both questions. This assessment task has a maximum of 1500 words. More specific information will be available on vUWS. Essay due date The essay is due in Week 7, Friday, 9 August 2019 before 11.00 pm. Your essay must be submitted to Turnitin, which is available on the vUWS site for this unit. All students are required to learn how to use Turnitin well in advance of the due date for the essay. Difficulty using Turnitin at the last minute will not be accepted as an excuse for missing the deadline (except in the event of a verifiable problem with our systems at the relevant time). You may resubmit your papers to Turnitin as many times as you wish before final delivery. However, bear in mind that it can take up to 24 hours for a fresh Turnitin report to be generated – so plan ahead to allow yourself time to work on your paper again after the first Turnitin report and still have time to resubmit for another report (or to do this as many times as you wish).  Make sure you submit a final version of your essay, as there will be no resubmissions after the due date without a penalty applying.  Do not submit the essay by e-mail under any circumstances.  Students MUST KEEP A HARD COPY of the essay identical to the one submitted to Turnitin. Return of assessment material No hard copies of the Essay will be returned in class. Essays can be viewed on vUWS as soon as they are marked. Criteria and general assessment requirements Essay questions are fact based legal problems. The following Learning Outcomes will be assessed in the Essay: 2. Apply common law and statue law to tortious, contractual, consumer and agency relationships to resolve legal issues. 3. Examine the various business entities and their ongoing legal responsibilities to solve practical legal problems. Presentation & style:  organises a clear and coherent essay;  writes clearly, accurately and is grammatically correct;  punctuates appropriately;  references sources according to the Australian Guide to Legal Citation (see ‘Referencing’ below) or in accordance with the referencing style adopted by the school that provides the course. Content and knowledge:  identifies and explains the relevant area of common law and statutory legal systems;  integrates relevant cases and legislation to support their answer to the legal problem;  applies the legal principles and legislation to the facts of the legal problem; and  provides a conclusion to the legal problems (questions raised), including any defences, remedies or penal ...

1. SCHOOL OF LAW
200432 Commercial Law
Quarter 3 2019
Assessment 2: Essay (1,500 words) (25%)
Overview
The essay must be completed by each student individually.
There will be two
problem questions, which will be made available on vUWS. An
announcement will be
posted on vUWS in Week 5, when the essay questions have been
uploaded into the
Assessment folder.
Students must answer both questions. This assessment task has
a maximum of
1500 words. More specific information will be available on
vUWS.
Essay due date
The essay is due in Week 7, Friday, 9 August 2019 before 11.00
pm. Your essay
must be submitted to Turnitin, which is available on the vUWS
site for this unit.
All students are required to learn how to use Turnitin well in
advance of the due date
for the essay. Difficulty using Turnitin at the last minute will
not be accepted as an

2. excuse for missing the deadline (except in the event of a
verifiable problem with our
systems at the relevant time). You may resubmit your papers to
Turnitin as many
times as you wish before final delivery. However, bear in mind
that it can take up to
24 hours for a fresh Turnitin report to be generated – so plan
ahead to allow yourself
time to work on your paper again after the first Turnitin report
and still have time to
resubmit for another report (or to do this as many times as you
wish).
will be no
resubmissions after the due date without a penalty applying.
-mail under any circumstances.
to the one
submitted to Turnitin.
Return of assessment material
No hard copies of the Essay will be returned in class. Essays
can be viewed on
vUWS as soon as they are marked.
Criteria and general assessment requirements
Essay questions are fact based legal problems. The following
Learning Outcomes
will be assessed in the Essay:
2.

3. Apply common law and statue law to tortious, contractual,
consumer and agency relationships to resolve legal issues.
3. Examine the various business entities and their ongoing legal
responsibilities to solve practical legal problems.
Presentation & style:
Citation (see
‘Referencing’ below) or in accordance with the referencing
style adopted by the
school that provides the course.
Content and knowledge:
statutory legal
systems;
to support their
answer to the legal
problem;
legal problem; and

4. raised), including any
defences, remedies or penalties.
Submission requirements
Word length A word limit of 1500 words has been set, which
excludes footnotes,
titles and headings. The word limit will be strictly enforced.
There will
be a 1 mark penalty for every 100 words in excess of the word
limit
– or part thereof. For example, an essay that is 1,851 words long
will
be deducted 4 marks. Please remember that this essay has been
structured so that a well-considered and scholarly written essay
may
be achieved within the prescribed word limit.
Format There are strict formatting requirements with which
students are
required to comply. The unit coordinator reserves the right to
refuse
to mark essays that are not submitted in accordance with
formatting
requirements:
f the page.
footer of each page.

5. ography.
answering the assessment question: i.e. Issue, Law,
Application, Defence (if any), Conclusion and Remedy (if any).
Referencing Essays may be referenced in accordance with the
Melbourne
University Law Review Association, Australian Guide to Legal
Citation (Melbourne University Law Review Association Inc,
4th
edition available at: https://drive.google.com/file/d/14fRQZ-
U68Zwe6UQEBXykR5o8Xbo1jTTI/edit.
Alternatively, students may comply with the referencing
requirements of their course. A business citation system only (it
could be Harvard or some modified Harvard system). Full
details
of referencing systems can be found at:
http://library.westernsydney.edu.au/uws_library/guides/referenc
ing-
citation. A full range of resources for searching and citing
references
is available at:
http://library.westernsydney.edu.au/uws_library/services/trainin
g
Only
Electronic
submission/
Turnitin
Students are required to keep a hard copy and electronic copy of
all

6. written work, which is submitted. The essay must be submitted
electronically via the Commercial Law (PG) Essay Turnitin link
on
the vUWS site for this unit. Please read the Turnitin Instruction
Manual prior to submission. Students may not hand in hard
copies. No other method of essay submission will be accepted.
Further information in regard to the submission of the essay
will be
posted in the assessment folder of the vUWS page.
mit your
assignment multiple times or only once.
NO Essay
cover sheet
Please do NOT affix an Essay Cover Sheet to your essay. By
uploading a submission into Turnitin students certify that: (1)
they
hold a copy of the essay, if the original is lost or damaged; (2)
no
part of this essay or product has been copied from any other
student’s work or from any other source, except where due
acknowledgement is made in the essay; (3) no part of the
essay/product has been written/produced for the student by any
other person, except where collaboration has been authorised by
the unit lecturer concerned; and (4) they are aware that this
work
may be reproduced and submitted to plagiarism detection
software
programs for the purpose of detecting possible plagiarism
,which
may retain a copy on its database for future plagiarism
checking.
Late

7. submission
Late essays must be submitted to the Late Commercial Law
(PG)
Essay Turnitin link on the vUWS site for this unit. No other
method
of late essay submission will be accepted.
A student, who submits a late assessment without approval for
an
extension, will be penalised by 10% per day up to 10 days, i.e.
marks equal to 10% of the essay’s weight will be deducted as a
‘flat
https://drive.google.com/file/d/14fRQZ-
U68Zwe6UQEBXykR5o8Xbo1jTTI/edit
https://drive.google.com/file/d/14fRQZ-
U68Zwe6UQEBXykR5o8Xbo1jTTI/edit
http://library.westernsydney.edu.au/uws_library/guides/referenc
ing-citation
http://library.westernsydney.edu.au/uws_library/guides/referenc
ing-citation
http://library.westernsydney.edu.au/uws_library/services/trainin
g
rate’ from the mark awarded. For example, as the essay has a
possible highest mark of 25, the student’s awarded mark will
have 2.5 marks deducted for each late day. Saturday and Sunday
are counted as two days. Assessments will not be accepted after
the marked assessment task has been returned to students, who
submitted the task on time.
Extension of
due date for
submission

8. The essay is to be submitted via Turnitin by the due date and
appointed time. Extensions will only be granted in the event of
serious illness or serious misadventure (proved to the
satisfaction of the unit coordinator) that prevents you from
completing the assessment by the due date.
If students need to apply for a short extension of time to
complete
an assessment item, they should email the unit co-ordinator
requesting an extension and attach to their request all
appropriate
supporting documentation, including all work done on the
essay up to the date of the submission of the application. In
accordance with university policy, extensions will only be
granted for
unforeseen and/or grave illness, misadventure, accident or other
extenuating circumstances. An application for an extension does
not automatically mean that an extension will be approved.
Students should submit their essays as soon as they are
completed
and not wait for the outcome of their special consideration
application. Remember, not all special considerations
applications
are approved and/or extensions may be for a shorter period than
that which the student requested.
Where special consideration is sought for circumstances
involving
more than three consecutive days or more than five days within
a
teaching period, students should complete a ‘Special
Consideration
During Teaching Session’ application available through eForms
via
MyUWS.
Marking criteria and standards

9. Fail (0-49%)
The student’s performance fails to satisfy the learning
requirements
specified. For example, poor knowledge or application of the
law,
irrelevant discussion, poor standard of presentation and
inaccurate
referencing.
Pass (50-
64%)
The student’s performance satisfies all of the basic learning
requirements specified and provides a sound basis for
proceeding
to higher-level studies in the subject area. The student’s
performance could be described as satisfactory.
Credit (65-
74%)
The student’s performance, in addition to satisfying all of the
basic
learning requirements specified, demonstrates insight and
ability in
analysing and applying relevant skills and concepts. The
student’s
performance could be described as better than competent.
http://www.uws.edu.au/currentstudents/current_students/service

10. s_and_facilities/special_consideration2
http://www.uws.edu.au/currentstudents/current_students/service
s_and_facilities/special_consideration2
Distinction
(75-84%)
The student’s performance, in addition to satisfying all of the
basic
learning requirements, demonstrates distinctive insight and
ability
in analysing and applying relevant skills and concepts, and
shows
a well-developed ability to synthesise, integrate and evaluate
knowledge. The student’s performance could be described as
distinguished.
High
distinction
(85%+)
The student’s performance, in addition to satisfying all of the
basic
learning requirements, demonstrates distinctive insight and
ability
in analysing and applying relevant skills and concepts, and
shows
exceptional ability to synthesise, integrate and evaluate the law.
The student’s performance could be described as outstanding.
QUESTION 1 (15 Marks)

11. On 15 January 2019, Krispy Kreme Doughnuts Inc. (‘Krispy
Kreme’) delivered boxes
of doughnuts to Osman, the manager and owner of, 7-Eleven
Inc., (‘7-Eleven’). Osman
noted that the boxes had the following expiry date stamped on
the boxes: ‘best before
10 January 2019’. Osman was about to call Krispy Kreme to
return the boxes of
doughnuts as the best before date had expired five days earlier.
However, he became
distracted when Isaac, an employee, spilt some orange juice on
the floor. Osman
placed the doughnut boxes on the counter and told Isaac to mop
the orange juice off
the floor. Osman was concerned that someone may slip on the
wet floor and hurt
themselves. Sara, a famous novelist, drove into 7-Eleven to fill
her car with petrol. She
was slightly tipsy having enjoyed a celebratory wine after
coming back from her
successful book launch. While filling up the car with petrol, she
noticed Isaac mopping
the floor in the store. She entered the 7-Eleven store to pay for
the petrol. As she

12. walked towards the cash register, Sara slipped and fell down.
Sara injured her wrist
trying to break the fall. Osman felt bad for her and handed Sara
two boxes of
doughnuts that had been delivered to his 7-Eleven outlet earlier.
Osman also offered
to drive Sara to the local doctor, Dr Ozzie.
After examining Sara’s wrist, Dr Ozzie assured her that the x-
ray showed that Sara
had nothing to worry about. Dr Ozzie bandaged her wrist and
prescribed some
painkillers. Sara thanked the doctor and handed him the same
box of doughnuts which
Osman had gifted her earlier. The doctor took the doughnuts
home, but ate them only
after two weeks.
In early March 2019, Sara realised her wrist still had not healed
and she was in a lot
of pain. Sara decided to visit her family doctor, Dr Esha. Dr
Esha conducted a CT scan

13. on her wrist and diagnosed that Sara had in fact fractured her
wrist. Dr Esha told Sara
that in her view, according to current medical guidelines, Dr
Ozzie should have
performed a proper CT scan and set the fracture using a cast so
the wrist could heal
quicker. Dr Esha also told Sara that Dr Ozzie should have
advised her to come back
to his clinic if she was in pain and if the mobility of her wrist
did not improve within a
week. Due to the delay in receiving appropriate treatment, Sara
developed arthritis on
her wrist. She is unable to work as a writer. She now wishes to
sue Dr Ozzie. Dr Ozzie,
is in hospital with food poisoning and he thinks the food
poisoning may be due to the
consumption of the doughnuts Sara had gifted him.
Advise Sara, Dr Ozzie and 7-Eleven of any rights they may have
and if Dr Ozzie and
7-Eleven will be liable under the Tort of Negligence ONLY.
Give full legal authority for
your answers.

14. QUESTION 2 (10 Marks)
Kabir wanted to expand his garment business, ‘Kabir Clothing
Pty Ltd’ and decided to
acquire a competitor’s business in Bankstown valued at
$600,000. He required a
further $300,000 to acquire the business. Kabir decided to
apply for a business loan
from the National Australia Bank. As part of the National
Australia Bank’s loan
assessment process for loan applicants, the bank informed Kabir
that they required
the latest financial statements from Kabir Clothing Pty Ltd to
complete the credit check.
The financial statements for the financial year July 2017-June
2018 had not been
prepared as his accountant had retired and had closed his
business. Kabir decided to
engage his uncle, Mr Singh, the principal of a prominent
accounting firm, Singh &
Associates in Paramatta to prepare the financial statements.
Kabir informed his uncle
that he needed the financial statements urgently as the National
Australia Bank

15. required the financial statements before approving his loan.
Singh agreed to prepare the statements but informed Kabir that
due to the urgent
nature of the request, he could only prepare an initial draft of
the financial statement.
In his initial draft of the financial statement, Singh clearly
printed the words, ‘DRAFT
FINANCIAL STATEMENT FOR 2018’. Singh then handed the
draft financial
statement to Kabir. Singh had in fact over-valued ‘Kabir
Clothing Pty Ltd’ as he had
omitted to include the depreciation of fixed assets for the
financial year. Although the
National Australia Bank does not directly deal with Singh, they
are aware that he is a
prominent and reputable accountant, who has recently been
awarded the title: ‘best
business accountant in Paramatta’. The National Australia Bank
approved the loan in
reliance of the statement prepared by Singh and submitted to
them by Kabir.
Unfortunately, Kabir’s business ends up making a loss and
Kabir Clothing Pty Ltd goes

16. into liquidation.
Advise the National Australia Bank if it can successfully sue
Kabir, Singh, and Singh
& Associates? Consider all relevant common law and statute
law applicable in relation
to the Tort of Negligence in your answer.
Assessment 2: Essay (1,500 words) (25%)OverviewEssay due
dateReturn of assessment materialCriteria and general
assessment requirementsPresentation & style:Content and
knowledge:Submission requirementsMarking criteria and
standards