Assignment Topic Semester One 2014 There have been some sign.docx

Assignment Topic Semester One 2014
There have been some significant changes to consumer in law in
Australia in the last three years. One significant change was to
introduce the Australian Consumer Law within the Competition
and Consumer Act 2010 (Cth). In particular was the
introduction of s 18 of the ACL and its application to
misleading contracts and further to misleading conduct by
individuals.
You are to write an assignment on the topic of s 18 of the ACL.
In your assignment you are to address the following:
· What is the application of the ACL in Australia? How was the
introduction of new legislation important for the whole of
Australia? Is the legislation state or Commonwealth legislation?
· How is the legislation different to what existed previously, eg
in relation to companies and natural persons, and its application
on various transactions?
· What kind of behaviour can be considered to be misleading, eg
if you say nothing? Or what if you believed something which
turned out not to be true?
· What are the limitations of s 18 under the ACL, and indeed the
ACL itself? Are all transactions between individuals covered by
this legislation?
· Does state law still apply? If so how?
· Does the common law still apply to consumer transactions? If
so how?
· What are the remedies for breach of s 18 of the ACL?
· Is there anything else that you believe is relevant to this topic?
·
NOTES FOR STUDENTS

1. This is a Research assignment – students should not expect
this material to be covered in class before the Due Date of the
assignment. Students should accordingly commence their own
research into the assignment topic Students must use texts,
scholarly articles and reputable online resources for their
research, and these items, together with relevant cases and
legislation, should be referred to in the assignment.
2. The assignment must be of 2,000 to 2,500 words in length.
3. The assignment must be typed or printed on one side only of
A4 paper with 1.5 or double spacing and leaving a left-hand
margin wide enough for examiners’ comments and corrections.
4. The completed assignment must be submitted with an
“Assignment Cover Sheet” available from School of Law and
Faculty of Business and Law Offices and duly completed in all
respects, including Tutor’s name and time and day of tutorial.
5. The assignment must include footnotes, a bibliography and
may include a synopsis.
6. Students are advised to study the notes on assignment
preparation and the notes on plagiarism contained in the
Business Law Students Manual.
7. Assignments will be marked out of a possible 25 marks.
8. Assignments submitted after the due date will incur a penalty
for late submission of one mark for each day the assignment is
overdue, unless an extension of time has been obtained from the
subject lecturer or tutor prior to the due date. Any application
for extension of time must be lodged on the appropriate form
obtainable from the Faculty office and must be accompanied by
any supporting evidence of the facts upon which the application
is based.
9. The completed assignment must be lodged with your tutor at
your scheduled tutorial during Week 8 of semester.
Abiel Georgeo

April 2,2014
Experiential Journal
February 24, 2014
EarthLink Company is a communications network firm based in
Atlanta Georgia. The company serves over one hundred and
fifty businesses worldwide with most of its consumers coming
from the United States. Earthlink operates under two distinct
divisions;EarthLink Consumer Services and Earthlink Business
Services. EarthLink Business Services offers connectivity
services such as the Ethernet, DS3,DSL,T-1, wireless and
MPLS. I had the opportunity to speak with Tom, the technical
special manager tasked with the responsibility of supervising
technicians. He also handles complains related to technical
support. The technical relationship manager has so many
functions at EarthLink including dealing with the IT services to
the customers and he also works with the leadership of the
EarthLink. The technical manager of the EarthLink has a
purpose of using the experience that he has on IT to define the
long-term strategic plan that will enhance the business in
EarthLink. He is also responsible for the loss of customer so it
is a tough job. EarthLink is the company of my choice because
it deals with communication and technology, which are the
services and subjects that affect the lives today.
March 3,2014
My expectations are getting in to the office of the person who is
full of knowledge about information technology. Apart from
finding out their style of leadership and meeting a serious
person who delivers information on a professional platform, I
expect content in the answers that he is going to give me.
Additionally, my expectations were finding a strict employee-
manager relationship that clearly defines their ranks. The
decisions making body is set aside and it is above the
employees of the company. I though I was going to learn several
things about the current technologies that the EarthLink

company uses or is using but to my surprise, the manager never
talked about them, he was so friendly to the point that I felt that
I was interviewing a friend.
March 3,2014
During the first meeting with the technical manager, there was
a slight tension towards him. The way he tackled questions was
extraordinary, and I could easily tell that the guy was so
experienced. He explained any question in such simple terms
that I managed to understand the need for good leadership for
the growth of the company. I have always known that age is an
issue when it comes to employment but this manager proved it
very wrong. He said that good leadership highly depends on
vibrancy and experience therefore, it is very important for the
company to mix both the young and the old in order to get good
results. The manager is in his mid forties but he is so vibrant
with ideas. I imagine that he next meeting will be more
interesting as the interview sounded more of a teaching.
March 31,2014
The second meeting was as informative. Personally I learn a lot.
I noticed that the research in their company is more harder than
interview with their manager. involving companies do perform
better than those companies that use the traditional way of
leading. Personally, I was used to the companies that decisions
were made from the manager downwards. Actually, in most
cases the decision sounded like order from the manager. The
fact that employees followed orders from their managers made
them partly part of the company and to a higher percentage the
workers of the company. Generally, the second meeting is very
helpful to me since it addresses the need to have a highly
involvement organizations and the need to have equality in the
work places.
March 31,2014
The two interviews have been extremely informative and it
addresses the need to have an employee involvement companies
in order to achieve the full potential and the goals of the
company. Definitely, the interview will help both my career and

life since I have learn to trust other employed people on the
success of the company. I noticed that in their company, there
are competitive worker that what manager is looking for. I am
realize that I have to work harder and try to better than them.
Earth Link as a highly involvement organization
Name
Course
Date
Introduction
From part one of the EarthLink interview with their technical
manager, we found out that the leadership criteria of the
EarthLink is the one that enables it to grow in to the
multinational company. More interview questions with the
technical manager of the EarthLink enabled me to understand
the reasons for the EarthLink Company to stay at the top.
According to Mr. Tom the culture of the EarthLink Company is
quite unique. The combination of the kind of the leadership that
they can hire and the culture of the companies makes it an
excellent employer and gives room or the employees to grow.
The ways in which challenges are handled in this company is

professionally acceptable for companies that know where it is
headed.
Highly Involvement Company
Tom tells the positive side of the company with a lot of
confidence. Earthlink is a highly involving company. It allows
the employees to make decisions on the matters that affect the
company. According to him, they follow the steps of Edward
Lawler in everything that they do. Despite the fact that there are
leaders or they need leaders, the leaders are not there to
overlook the other employees but instead, they are there just to
provide directions to the other employees. They do not give
orders but they are always ready to learn in m every ways. They
believe that the employees are the people who highly influence
the success of the company. Unlike the low involving
companies whereby the employees just follow instructions from
their leaders, the EarthLink Company allows the employees of
the company the freedom to make decision that can have a
positive impact to the company. According to him, the freedom
of allowing the employees to make more sensible decision has
really had a positive impact to the company. The company my
still stays at the top despite the high competition that it faces
from the new entrants companies. The employees of the
EarthLink Company take a lot of pride for working for the
company because of their involvement in making tough
decisions for the company. unlike in other companies whereby
value is only added to the employees who make decision in a
company, the EarthLink company has always added value to his
employees by allowing them to be more autonomy. The fact that
the employees have control over their work reduces the number
of department of management to greater heights. The current
success of EarthLink Company is as a result of the company
organizing its employees to small groups that enables them to
deal with the customers at the different levels. This strategy has
enabled the company to offer an outstanding customer care
service, trust its employees and ensure accountability.
Trainings

When the EarthLink Company recruits new employees,
they go through a formal training that enables them to
familiarize them with the culture and the value s of the
company. There is the mixture of both the old and young people
in the company. Additionally, the company has the program that
reminds and teaches both the old and the new recruits of the
goals of the company and the ways that enables them to
constantly contribute to the performance of the company.
According to Tom, it is mandatory for the employees to have
technical skills in order to be able to offer right services a t all
the time. Among the things that the employees are taught during
the trainings is important business knowledge that enables them
to manage the organization in a proper way. To effectively run
the organization, the EarthLink Company believes that the
employees must possess certain skills. Such skills includes the
ability to solve problems and make sensible decisions.
Information
To ensure that the EarthLink Company stays always at the
top, it gives the right information at the right time to its
employees. Among the most crucial information that the
company gives the employees are the sales that the company has
made, the profit and the loss that the company has faced. This
kind of the information makes the employees to feel that they
are the biggest part of the company. For the customer services,
improvements are made with the immediate effect in case they
are not satisfied with the service. Additionally, the EarthLink
company ensures that it discloses the performance of its
competitors in order to keep the employees on toes when
performing their duties.
Rewards
Many organizations reward their employees according to
the knowledge and the skills that they have. This is not the case
in the EarthLink Company. In this company, a person
capability, behavior and his performance contributes immensely
on the success of the company. Therefore these are the things
that are rewarded mostly. This company highly values teamwork

but they even reward individuals. EarthLink Company knows
that by rewarding its employees, makes them to do quality work
and also ensures efficiency. The company also ensures that they
do lots of research, through its research team, to be able to stay
on to at all the time.
In conclusion, Tom admits that the employee commitment
organization is one way of enabling a company to achieve its
goals. He finally used the words of Bill Gates that says that the
employees of the company are the asset of that company.
EARTHLINK INTERVIEW
Running Head: EARTHLINK INTERVIEW
Earthlink Company
Earthlink Company is a communications network firm based in
Atlanta Georgia. The company serves over one hundred and
fifty businesses worldwide with most of its consumers coming
from the United States. Earthlink operates under two distinct
divisions;EarthLink Consumer Services and Earthlink Business
Services. EarthLink Business Services offers connectivity
services such as the Ethernet, DS3,DSL,T-1, wireless and
MPLS. It also offers wholesale services in the field of network
services and fiber capacity. This company offers services to a
considerably huge population of the United States of America.
EarthLink has a subsidiary in Rochester, NY where they provide
technical support for online and phone services. I had the
opportunity to speak with Tom, the technical special manager
tasked with the responsibility of supervising technicians. He
also handles complains related to technical support.
What knowledge, skills, and abilities is the manager looking for
in a leader?
Tom told me that a leader should help in meeting the
organizational goals. New leaders in EarthLink Company are
expected to delegate duties to the employees in a manner that
will help meet the company’s objectives. Through their strong

career commitment, they should lead by example. With the
constant advancement of technology, leaders should keep up
with innovations by carrying out constant research. Currently,
EarthLink’s biggest challenge is increased competition from
other market players. Therefore, to ensure that their company
remains competitive, leaders must see to it that their company
offers the best services. The new leaders must be people who
continuously do research to ensure that the company offers the
best services. Following this, the new leader must encourage
other employees to find any useful information that might lead
to the development of unique services. The leaders must gain
the credibility of the employees and the public in general. A
leader should be in a position to instill confidence among his
employees; this ensures that the employees carry out their
duties without any hesitation. To get a job as a leader in the
EarthLink Company, a person must be very confident in making
decisions. The leader must ensure that they make well informed
decisions that will make the organization more focused on its
goals. As a manager of EarthLink Company, there are set
standards that the leaders must possess in order to qualify.
Through a series of tests, our interview panel will choose the
right person for the leadership position. Additionally, a leader
must possess the ability to make right decisions leading to an
improvement of company performance.
Describe the type of person you would most likely place in a
leadership role.
Apart from being more innovative, they must have motivational
skills. This means that a leader provides the necessary
encouragement to keep employees going. I would choose a
leader who maintains good employee welfare. This is achieved
by providing a good working environment, sufficient
remuneration, strict adherence to work ethics as well as creating
a healthy working environment. Since EarthLink Company
largely engages with young innovative people, the leader must

be very approachable. Another skill that the EarthLink company
leaders should portray is the ability to delegate responsibilities
in their departments. Delegating the duties and responsibilities
in the organization plays a key role in team building. The
employees work as a team and assist each other in income
generating activities. TheEarthLink company has several
departments whose success is based on the successful
completion of responsibilities from other departments. For
instance, if the production sector manufactures beverages on
time marketers will be able to carry out their duty as well as the
supplies and logistics. The new leader in Earthlink Company
must have the ability to communicate their responsibilities to
the employees using the right terms. If a leader comes up with
an idea but fails to communicate well to the employees then it
will not be well implemented. The manager needs to pass the
ideas to the employees exactly as it should be implemented so
as to gain the expected results. Earthlink employees should
understand what the leader expects them to do. The leaders
should also learn to accept criticism by listening to the opinions
that their employees have. Leaders also make mistakes and
should be able to accept what their employees do so.
What are the benefits of having an education when entering this
field?
The candidate should have a Bachelor of Science degree. The
education background of a leader is very important since it horn
his/her decision making skills. For example, Earthlink prefers
candidates who have the right educational background which
imparts them with problem solving skills. Anyone intending to
be a leader in this field should be aware of the market
population, company branches, and the firm’s level of
participation in the industry. In addition, they must have a good
grasp of the company’s growth trends and be in a position to
predict its future prospects.
Teacher Comment
This is very interesting! Remember to ask for examples so you

can use them in your paper. I look forward to reading more
about Earthlink!
Assignment.
The Assignment topic will be available to students during the
first week of semester, and must be completed and submitted to
Tutors on the date specified in the instructions, usually week 8
of semester. Assignment preparation is a major task, and
students are advised to commence research for the assignment
early in the semester. The difficulties associated with
completion of assignments by the due date are compounded by
the fact that assignments may be due for submission in other
Units of Study at about the same time. The objective of early
distribution of the assignment topic is to minimise the possible
problems resulting from this inevitable timing requirement.
Instructions for students follow for assignment preparation, and
students should ensure that they comply with these instructions.
Assignment work is an important component of student
assessment, requiring students to complete an assignment of
2,000 to 2,500 words on a topic which will be available during
the first week of semester. This will be a research assignment,
based upon a selected topic and requiring students to undertake
their own research of materials as a basis for their completed
assignment project.
Practical guidelines for assignment work are as follow: -
• The assignment must be submitted by the due date.
Penalties are imposed for late submission. Extensions of time
for submission of assignments will be entertained only if made
in writing and with supporting evidence of any factor claimed to
justify an extension of time.

• Assignments must be accompanied by an assignment
cover-sheet (obtainable from Faculty and School offices). The
cover-sheet details must be completed by the student. The
cover-sheet incorporates a receipt, which can be retained by the
student as proof of lodgement.
• A copy of the assignment must be retained by the student.
• The assignment should typed on A4 paper, with double or
equivalent spacing, using one side only of the paper and leaving
a 5cm margin on the left-hand side of the page.
• There are no inflexible rules regarding the format of the
assignment, but time taken to present written work in an
attractive, easily-read format is never time wasted. Students
may use chapters and headings as they see fit to enhance the
presentation of the work. The marking of a large number
(sometimes hundreds) of assignments within a limited time-
frame is a daunting task for examiners, and originality of
approach, good (even novel) presentation and inspired (but not
frivolous) humour is usually well rewarded.
• The word range (2,000 to 2,500 words) should be
observed. Strategies (such as relocating case summaries in
appendices) can always be devised to bring the word count back
to the upper limit, but nothing will save an assignment that is
patently too short.
• All pages should be sequentially numbered and the
assignment securely stapled and submitted in an appropriate
binding or folder. Resist the temptation to “individually wrap”
each page of the assignment, as this makes the exercise of
commenting on the work very tiresome and time consuming.
• A synopsis is optional. A synopsis is not an introduction,
but a (brief) summary of the assignment itself, explaining the

direction which the assignment is taking. It is best prepared
after completion of the assignment. A synopsis prepared
beforehand is a statement of intention rather than a statement of
achievement, and the two may be quite
different. Although prepared after completion of the
assignment, it should appear at the beginning.
• A bibliography is also required, listing all references used
in the written work and in research conducted on the topic. The
list will include details of all texts, articles in journals and
magazines, newspaper articles from which information was
obtained.
• The assignment topic will be available to students in the
first week of semester and the assignment is not due for
submission until the 8th week, (the exact date for submission
will be clearly announced in lectures). There is really no excuse
for unacceptable work being submitted. Similarly, applications
for extension of time are not likely to receive sympathetic
consideration. An early start is recommended. As mentioned
earlier, students are likely to be placed in the situation of
having to submit a number of assignments or to complete a
number of tests at about the same time during the Semester,
since adequate time for preparation and for marking must be
given and allowed. The topic of the assignment may not
necessarily be covered in lectures or tutorials prior to the date
upon which the assignment must be submitted. If this is the case
- and even if it isn't - there is no point in delaying
commencement of research into the assignment topic.
• If it is established that the whole or part of the work of one
student has been copied and submitted as original work by
another student, neither student will receive any mark for the
relevant work. Inevitably, both students will fail the subject and
may, at the discretion of the examiner, be subject to other
disciplinary processes within the University. On the other hand,

there is much to be said for joint or even group research and
discussion of the topic, which can reduce the individual
research commitment and enhance understanding of the issues.
If students do undertake joint or team research with the
intention of sharing the product of that research, this is quite
acceptable so long as their written assignment work is original
and exclusive. Sharing the research burden is acceptable.
Sharing submitted assignment work is fatal. See and read
carefully the notes on plagiarism that follow these instructions
• Footnotes or end-notes must be used to acknowledge the
source or sources of information contained in the assignment.
Footnotes are preferred, but are more difficult to achieve than
end-notes with some word processing programs. Either is
acceptable. For more information about footnoting generally,
see Summers and Smith (2006).
Your research essay (assignment) in Business Law focuses on a
particular area of contract law. You are expected to read a
number of texts and articles on the topic, researching it
thoroughly. Using this information, you are expected to present
a detailed analysis of the topic in essay form, demonstrating
that you have a good understanding of it.
Research topics may contain a quotation from a legal text. A
first step is to locate the quotation in the relevant text. Because
these quotations provide a context or background for the essay
topic, it is useful to read the section of the text from which the
quotation has been taken. In addition, it is important to consider
the relevance of the quote to the question. You need to
determine whether the quote is integral to the question and
needs to be discussed in your response to the question. On the
other hand, the quote may just provide background to the topic,
which means that you won’t need to incorporate it into your
discussion of the topic.

What does researching the topic mean?
Researching the topic requires you to go to the library to locate
texts on it. You are expected to read at least three or four texts
and possibly some journal articles, researching the topic
thoroughly and gathering the necessary information on the
topic. As you read try to gain a real understanding of the topic
rather than just copy down slabs of the material. You need to be
selective in your reading, only taking notes on the material
relevant to the topic. Do not be hesitant about asking library
staff to help you locate texts and journal articles.
Elements of the essay
The essay should have an introduction, a body and a conclusion.
Introduction: - provides background information
- arouses interest in the topic
- offers a viewpoint
- defines terms
- indicates overall structure and key areas to be discussed
Body: - key areas of topic are presented in logical order
Conclusion: - summarises key points of body
- restates viewpoint
- future directions
It is acceptable to use headings, so you can break up your essay
into sections with headings. You are required to write a logical
and well-structured essay which includes a discussion of legal
principles, relevant cases and, if required, statute law.
There is additional helpful informationon writing the

assignment on the website under the heading “Research Essay”.
When you commence work on the assignment (research essay)
topic, the first step is to break it down into manageable parts.
You need to understand exactly what the question on the topic
is asking you to do. It is asking you to view the topic from a
particular perspective. It is not
acceptable to just write everything you know about the topic
without referring to the question. It is necessary to analyse the
topic first and understand clearly what you are expected to do,
otherwise, you will not be able to research the topic effectively,
nor will you be able to write a successful essay on the topic.
To understand what the question is asking you to do, it is
necessary to identify the key words and phrases which give you
direction. It is also useful to underline them. These words and
phrases are:
process or directive words and phrases
content words and phrases
limiting words and phrases
Process or directive words
These words indicate the way that the question should be
answered. In essay questions, you could be asked to critically
analyse, to assess, to compare, to discuss, to evaluate, to outline
and so forth (for more examples of directive words, refer to
Appendix A on p.229, Crosling
and Murphy, How to Study Business Law, 3rd edition). Students
often overlook these words and end up not really answering the
question.
Content words and phrases
These words and phrases identify the focus of the question.
They tell you what the question is about and give information

on the topic.
Limiting words and phrases
These words and phrases limit the aspects of the topic which
you have to discuss when answering the question.
Note: Quite often, content words/phrases are also limiting
words/phrases.
Furthermore, when you are reading and trying to understand
what the question is asking you to do, make sure you check the
meaning of any words you do not understand.
The following example is provided to illustrate the process
which has been outlined above. Study it carefully.
Outline the historical evolution and current trends in the
development of unconscionability in the law of contract.
Process or directive word - Outline (this means to give the main
features or general principles of unconscionability).
Content words/phrases - historical evolution, current trends,
unconscionability, law of contract.
Limiting words/phrases - historical evolution, current trends.
This question requires you to trace the history of and to
describe the present trends in the area of unconscionability in
contract law. If you are not sure what unconscionability means
look it up in a legal dictionary.
Before reading on the topic of unconscionability, it is a useful
procedure to develop a plan for the essay.

This helps: -
· to clarify the issues which the question is asking you to focus
on;
· to create a structure for your response to the question; and
· to focus your reading on the topic.
Of course, after reading on the topic, this plan may need to be
modified.
A plan for a typical topic could be: -
Introduction:
· define any terms or words used in the topic;
· offer an opinion/viewpoint on the area of law covered by the
topic and the direction in which the law is heading
· indicate structure of discussion
Body:
· Historical background;
· discuss the development of the relevant law ;
· Current trends in the relevant area of law (main focus)
· Discussion would include recent developments in the common
law (judge-made law) andprovisions in relevant legislation (eg.
Competition and Consumer Act).
Conclusion:
· sum up key points
· express opinion/viewpoint resulting from discussion
· future directions
Incorporating cases into your essay
You will be incorporating cases into your discussion of the
topic, so it is important that they are integrated into the flow of
your writing. You can introduce case discussion with phrases
such as:

‘Unconscionable behaviour is illustrated in the case of
…………….v………….where
…’.
‘An attempt to take unfair advantage of the other party is
demonstrated in the case of …………………v………………’.
‘The case of ………………v…………… shows how one party
might aim to unfairly disadvantage the other party. In this
instance, …’.
For further information on topic analysis and developing a plan,
refer to Chapter 8 in Crosling and Murphy, How to Study
Business Law, 4th edition.
For more detailed information on note taking techniques, see
Chapter 7 of Crosling and Murphy, How to Study Business Law.
Taking Notes
When preparing to take notes, it is first necessary to read texts
and journal articles to locate the relevant material for your
essay topic. Strategies for reading for understanding and
meaning have already been outlined in a previous tutorial.
Notetaking is an essential part of the essay writing process. You
will be expected to read a number of texts/articles on the topic
and to document the relevant material from these sources. Your
topic analysis of the essay question and your plan will assist
you in locating and noting the relevant material for your task.
Of course, you may adjust your plan as you read and take notes,
because you will be learning more about the topic and will
understand more fully the appropriate structure/plan which
should be applied to the essay question.
In Business Law, your notetaking for the essay will focus on

describing and explaining legal principles/concepts, and on the
development and application of these in cases. You will be
using a combination of direct quotes and paraphrasing to elicit
this information.
Direct Quotations
These should be carefully selected and copied directly from the
text/article. They should be used when:
giving a specific description or definition (for example,
this may be a definition of a legal principle or concept).
expressing an important idea or argument (this may be a
view of a legal principle and how it has been applied in a
particular case).
the original words of the author are expressed so concisely
and aptly that they add weight to the point being expressed (this
could be a judge’s opinion of a legal principle as it has been
applied in a case, or his/her assessment of the legal implications
in a case).
It is important to limit the use of direct quotations because, if
too many are used in your essay, it will fragment the flow of
your writing and the essay will lack cohesion and unity.
Short quotations
A short quotation is one to three lines and should be integrated
into the flow of your writing. It should be enclosed with
quotation marks.
In the following example, notice how the student has integrated
the quoted rule into the flow of her writing:
There have been several rules established in relation to
acceptance and one of the most important rules is that ‘[a]ny

conditions as to the method of acceptance imposed by the
offeror must be complied with.’
Long quotations
A long quotation is more than three lines. It should be indented
and no quotation marks are required. It is also important to
introduce long quotations in the text of your essay. Study the
following example:
Because there have been so many disputes in cases about
whether acceptance has, in fact, occurred, several rules as to
acceptance have been subsequently developed.
These rules are that:
a) acceptance must be absolute and unqualified;
b) any conditions as to the method of acceptance imposed by
the offeror must be complied with;
c) acceptance must be made in reliance on the offer; and
d) except in cases where the offeror has dispensed with the
need to be told of acceptance, acceptance must be
communicated.
Referencing quotations
In your essay, it is always necessary to acknowledge the source
of your direct quotations. In law, the preferred referencing
style is footnoting.
When you use the ideas or words of another writer, you must
acknowledge them by citing the article or text from which they
came. If you do not acknowledge your source of this
information and claim they are your own, then you will be
guilty of plagiarism.
Paraphrasing

When taking notes in preparation for writing your essay in
Business Law, most of the time you will be paraphrasing the
relevant information from the texts/articles. You will be
paraphrasing key legal principles and the relevant aspects of
cases.
Paraphrasing is a technique where material from texts is
rewritten in your own words without changing the original
meaning. The paraphrase is usually as long as the original
passage.
Strategies to assist your paraphrasing are:
(a) to read the passage several times to understand its meaning;
(b) to identify:
(i) the main idea;
(ii) the main supporting points; and
(iii) the supporting details to assist with your understanding of
the passage;
(c) to check the dictionary for any words you do not understand;
(d) to use synonyms where possible, but remember you cannot
replace important legal terms. They are essential to the meaning
of the passage. You can only replace general words;
(e) to change the word order of sentences.
Following is an example of a paraphrase. Study it carefully.
Original passage on one of the rules of acceptance (from
Khoury and Yamouni, p. 32)
(ii) Conditional acceptance.Acceptancemust beunqualified -

conditional acceptance is not adequate. It sometimes happens
that the parties enter a written agreement which they express to
be ‘subject to contract’ or ‘subject to a formal contract being
prepared’. What is the legal position with regard to such an
agreement? The answer seems to be that, in the absence of
strong evidence to the contrary, a legally binding agreement
does not existuntil such time as a formal contract has been
prepared for and executed by the parties to it.
(Legal words which cannot be changed are emboldened; general
words which can be changed are underlined.)
Paraphrase of passage
(ii) Conditional acceptance. Acceptance has to be unqualified -
it is not sufficient to have conditional acceptance. A written
agreement is occasionally negotiated by parties which they
express as being ‘subject to contract’ or ‘subject to a formal
contract being prepared’. How is such an agreement interpreted
legally? Without strong opposing evidence, the answer appears
to be that a legally binding agreement does not occur until there
has been the preparation of a formal agreement and it has been
executed by the parties to it.
Notice the extensive use of synonyms and the changing of the
word order in the paraphrase. Also, forms of words have been
changed. For example, ‘prepared for’ has been changed to
‘preparation’.
Composing your essay
Remember that helpful information for your assignment is also
found on the website in the research essay section.

After taking notes on the relevant information for your essay,
you will need to arrange these notes into a logical structure to
answer the essay question. You will need to consider your
selection and presentation of the relevant content.
Your topic analysis and plan will have assisted you in guiding
your reading and note taking. During the process of reading and
taking notes, you may well have refined and changed your plan,
given that you would have done extensive reading on the topic.
This final plan will also provide you with a basic structure for
your essay, so your next step is to organise your notes into the
different sections of this plan. This final plan will include the
key aspects which you need to discuss in your essay. You will
need to sift through your notes and be selective in your choice
of material.
When composing your response to the question on the topic:
refer regularly to the question.
check that you have all the necessary material to answer
the question fully and effectively.
do not just string together the notes you have selected to
incorporate into your response to the question.
develop your own response to the question, supporting it
with relevant arguments, including the relevant legal principles
and cases, based on your research and notetaking.
select material which is relevant and appropriate to include
in your introduction, body and conclusion; this will assist you
in producing a well-organised, cohesive essay.
Linking words and phrases
In Tutorial 1, linking/signalling words and phrases are
discussed in relation to assisting in the understanding of the
meaning of information provided in cases. These words and

phrases can also give your essay cohesion and unity. They
provide important links between sentences in a paragraph and
between paragraphs in an essay. The appropriate use of linking
words and phrases allows a smooth transition from one
paragraph to the next, linking together the aspects being
discussed. As has been suggested in Tutorial 1, pp.31-32 in
Crosling and Murphy, How to Study Business Law, have a
comprehensive list of these linking words. Do refer to them
when you are writing your essay. A few examples of these
words are: therefore, consequently, however, furthermore, thus,
hence, also and as well. These are commonly used linking
words and phrases but there are many more, so do use them in
your writing. The linking words and phrases on pp.31-32 refer
specifically to those most commonly used in legal texts.
When referring to legal principles and particular aspects of
cases in your essay, you can use the following signalling words
and phrases. These words and phrases introduce or signal to the
reader what is happening in the different aspects of your essay.
For example, if you are discussing a legal principle, you may
introduce this discussion with:
The law in this area states that…
The law states that…
The law requires/stipulates that …
When discussing cases/precedents, you may introduce the
discussion with:
In Smith v Jones (1981), the judge concluded/indicated/ stated
that…
It was held in the case of ………..v……….. that …

The case of ……………v……………
demonstrates/clarified/highlights/shows/explains/
manifests/exhibits/exemplifies…
Brownv Anderson (1980) established the precedent that…
It was held that…
Smith J upheld that…
In the course of his judgment…
In the view of …
More phrases for introducing case discussion are provided in
Tutorial 3. In addition, there is a comprehensive list of
signalling words, phrases and sentences in Appendix D, pp.226-
227, Crosling and Murphy, How to Study Business Law.
Your discussion of a case in your essay may resemble the
following. (The case of Central London Property Trust Ltd. v
High Trees House Ltd [1947] KB 130 is used for this purpose.)
The doctrine of estoppel, in its traditional form, would not
assist the debtor, since it was always limited by the courts to
apply to representations of existing or past fact, and did not
apply to representations of future intention. That position was
changed in the landmark case of Central London Property Trust
Ltd. v High Trees House Ltd [1947] KB 130. In this case, High
Trees, which leased a block of flats from Central London in
1939, had difficulty in filling the flats because of the outbreak
of war. In 1940, the parties agreed that the rent would be
reduced by half. High Trees paid the rent at a reduced rate for
five years and in 1945 the flats began to fill again. Central
London sued for the payment of the full rental when the flats

became full. Denning J stated that Central London was entitled
to the full rental when the flats filled again. However, he argued
that they would have been estopped from going back on their
promise had they attempted to sue for the arrears for the years
1940-45 because it would have been detrimental to High Trees,
despite the fact that there had been no consideration from High
Trees in exchange for the promise. Consequently, Denning J
extended the doctrine of estoppel so that it did apply to
representations of future intention, or to promises, as a result of
which promissory estoppel was established, so long as the
promisee has acted to his or her detriment in the particular case.
Synopsis
You will be asked to write a synopsis (abstract or summary) for
your Business Law essay. This should only be a summary of the
key areas you have covered (not the details) and the general
conclusions you have reached. The synopsis is approximately 5
to 10 percent of the length of your essay, so, if your essay is
2000 words, your synopsis will be 150 to 200 words. It should
be written as one paragraph. The synopsis is presented after the
title page and before the essay itself. This way the reader can
see, in advance, the key areas which have been covered in the
essay and the essence of your argument.
You should write your synopsis after you have written your
essay. It is a summary of what you have written, not an
indication of what you intend to write. Hence, it is usual to
write the synopsis in the present or past tense, not in the future
tense.
Using footnotes in your essay
As has already been stated, this is the preferred referencing
style in Business Law. You put a raised number at the end of
the information you are citing. These numbers run in order

throughout the essay: 1,2,3…
When footnoting, the details of the origin of each of the
numbered references are given at the foot of each page.
Alternatives to footnotes, such as endnotes or Harvard System
notes are no longer acceptable in law essays and assignments
and footnotes as described above must be used.
What information is required in the footnote?
first name and/or initials and surname of author
full title of book (underlined or italicised)
edition number (if applicable)
date of publication*
publisher*
place of publication*
page number of reference
The order of this information can vary, but choose an order to
present it and use it consistently.
For example:
1. R. B. Vermeesch and K. B. Lindgren, Business Law of
Australia, 11th Edition, 2005, Butterworths, Sydney, p. 233.
You can shorten the information when you are citing the same
author(s) on subsequent occasions.
For example:
2. Vermeesch and Lindgren, Business Law, p.224.
When citing journal articles, use the following format:
first name and/or initials and surname of author

title of article
name of journal
volume number
issue number (if applicable)
date of issue
page number/s
Note that the article title can be in inverted commas, while the
journal title is underlined or italicised.
For example:
D. Khoury, ‘Promissory estoppel: a sword unsheathed’, Law
Institute Journal, Vol. 64, November 1990, pp. 1054-6.
When citing sources from electronic media, similar conventions
apply as for traditional texts. Use the following format:
· author’s name
· date electronic resource was published
· title of the material
· version (if applicable)
· the medium (eg. CD Rom, internet)
· name of the publishing company
· date the site visited (if it is an internet document)
(adapted from Student Learning Unit /Study Skills site
published by Teresa de Fazio)
If you are accessing cases from an internet website, for
example, from Austlii (http://www.austlii.edu.au) your citation
would read as follows:
FCTvHenderson (1943) 68 CLR 29,
http: //www.law.flinders.edu.au/tax/caselaw/taxacc.htm (July
19, 1999).
Citation of cases

You can cite the case details in full in the text of your essay, or
in a footnote.
Case details should include:
date case set of law
reported reports
Legione v Hateley (1983) 57 ALJR 292
parties volume no. page no.
Italicise or underline parties’ names.
Bibliography
This is on the last page of your essay. It is an alphabetical list
of all the sources of material which you have used in your
essay, as well as the material which have you have read in
preparation for the essay. Choose a format for ordering the
texts/articles you have used or referred to and use it
consistently.
You need to include the following information:
author’s surname followed by initials or first name
title of book underlined or in italics
edition number
year of publication
name of publisher and place of publication
For further information on these aspects of your essay, please
refer to Crosling, G. and Murphy, H., (2009), How to Study

Business Law, Chapter 8, 4th edition, LexisNexis, Sydney.

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