Hypothetical ILAC Question

Topic: Hypothetical ILAC Question

Number of Pages: 3 (Double Spaced)

Number of sources: 1

Writing Style: Other

Type of document: Coursework

Category:   Legal Issues

Language Style: English (U.S.)

Order Instructions:

ATTACHED;

I’ve attached 4 files with this document. The text file “1775247.txt” has the instructions. The first one “roblem_Solving_Assignment__T2__2018___Final_.pdf” is the Assignment guidelines and rules, for this one I only want you to write the 3 pages on the ILAC hypothetical question and not the short answer questions, I WILL DO THE SHORT ANSWER ONES.

The next file is “Model_ILAC_Hypothetical_Answer_for_Students.docx” a model answer to the ILAC question you can use to reference for answering, just showing how it should be answered and formatted, I’m sure you know about it though.

The final file is a powerpoint “Australia_consumer_Law_Lecture_Slides.pptx” that is used to help answer the question. It should have most of the case references and information on Australia Consumer Law to support your answer.

Order Instructions 1775247.txt

Source Materials:

Australia_consumer_Law_Lecture_Slides.pptx

Model_ILAC_Hypothetical_Answer_for_Students.docx

roblem_Solving_Assignment__T2__2018___Final_.pdf

5247 Topic: Hypothetical ILAC Question Number of Pages: 3 (Double Spaced) Number of sources: 1 Writing Style: Other Type of document: Coursework Category: Legal Issues Language Style: English (U.S.) Order Instructions: ATTACHED; I’ve attached 4 files with this document. The text file “1775247.txt” has the instructions. The first one “roblem_Solving_Assignment__T2__2018___Final_.pdf” is the Assignment guidelines and rules, for this one I only want you to write the 3 pages on the ILAC hypothetical question and not the short answer questions, I WILL DO THE SHORT ANSWER ONES. The next file is “Model_ILAC_Hypothetical_Answer_for_Students.docx” a model answer to the ILAC question you can use to reference for answering, just showing how it should be answered and formatted, I’m sure you know about it though. The final file is a powerpoint “Australia_consumer_Law_Lecture_Slides.pptx” that is used to help answer the question. It should have most of the case references and information on Australia Consumer Law to support your answer. Order Instructions 1775247.txt Source Materials: Australia_consumer_Law_Lecture_Slides.pptx Model_ILAC_Hypothetical_Answer_for_Students.docx roblem_Solving_Assignment__T2__2018___Final_.pdf I have to respond to a Hypothetical ILAC question for my class Introduction to Business Law. They don’t require any APA sourcing, just quotation marks if you qoute the facts or slides. I’l attach the exact question with assignment details so you’ll understand what I’m talking about. You can ignore the formatting I’ll do the rest once I get it. It would be awesome if you could just answer the question in ILAC format! I live in Australia by the way so it’s Australia’s laws mainly focusing on Australia Consumer Law and the Competition and Consumer Act 2010 (cth) (CCA). Thanks so much! Just in case I can’t attach files or something I’ll put the Hypothetical ILAC question below. After a few months of overindulgence, Karen decides that it’s time to get fit. She searches for local gyms on the internet and comes across a nearby gym called “Gym & Tonic” which is owned and run by Grace. An advertisement on the Gym & Tonic website says “On sale for this month only! Monthly gym fee reduced from $60 per month to only $30 per month! Unlimited access!”. The advertisement shows members of the gym using all different types of gym equipment. The following day she goes to Gym & Tonic and tells the receptionist Jack that she wants to become a member of the Gym. Jack shows Karen the Gym’s standard form contract. He asks Karen for her address, date of birth, contact details and bank account details and he inserts this information into the contract. Karen tells Jack that she would like to sign up for 12 months. Karen signs the contract and Jack gives her a membership card. Karen returns the next day, eager to start her first gym session. She shows her membership card to Grace, the owner, who is working at the reception desk, and asks Grace to show her where the treadmills are. Grace explains that the $30 membership fee only includes the weight equipment, and that she must pay an extra $20 per month if she wants to use the cardio equipment. Karen becomes angry and says that the advertisement on the website said “unlimited access” so she should be allowed to use all the equipment. Grace explains that “unlimited access” means unlimited visits to the gym each month, not unlimited access to all the equipment. Karen tells Grace that the advertisement created the impression that she could use all of the equipment, and that the only reason she signed up was because she wanted to use the cardio equipment. Karen tells Grace that she wants to terminate her gym membership immediately, however Grace draws Karen’s attention to Clause 5 of the membership contract that Karen signed the previous day which says: “The Gym may terminate the contract at any time, without notice and without penalty. If the Member wishes to terminate the contract for any reason, the Member must pay a $100 early termination fee to the Gym”. Karen tells Grace that the gym is a complete rip off and that she’s never coming back. As she is walking to her car, she runs into her friend Will who works at the restaurant next door to the gym. Karen tells Will what happened at the Gym and Will tells her that he’s heard a few restaurant customers complain about the same thing. He also tells her that the gym has never offered monthly memberships for $60 per month. The usual cost is $40 per month. Karen comes to you for advice. She would like to know if she can terminate the contract with Gym & Tonic, and if she is liable to pay the $100 fee. As part of your answer, you should discuss whether Gym & Tonic has breached any of the provisions of the Australian Consumer Law (Schedule 2 Competition and Consumer Act 2010 (Cth)) and any remedies available to Karen. Also discuss how the common law applies to this scenario. Do not discuss any liability under contract law.

2105AFE Introduction to Business Law – Trimester 2, 2018 Problem Solving Assignment

Griffith Business School

2105AFE – INTRODUCTION TO BUSINESS LAW – PROBLEM SOLVING ASSIGNMENT Weight: This assessment is worth 30% of the total marks for this course. The Hypothetical ILAC Question is worth 20% and the Short Response Questions are worth 10%. Due Date: This assessment must be submitted online via SafeAssign by 11am on the 14 September 2018. Normal Griffith

University penalties apply for late submission. Word Limit: Your answer to the Hypothetical ILAC Question must be no longer than two (2) pages. Your answers for the

Short Response Questions must be less than one (1) page in total. There is NO 10% allowance or increase to this limit. Write clearly and concisely. Penalties apply to any answer which exceeds the maximum page limit and for not following any of the instructions below.

Assessable Content: Ø The lecture content covering Australian Consumer Law, in addition to the textbook, this document and the internet

resources referred to in this document. These are the only sources of information required for this assignment. Ø There is NO need to undertake any additional research for the Hypothetical ILAC Question and marks will not be provided

for such. Ø There is NO need for Harvard or APA etc., referencing or footnotes. However, if directly quoting from the facts or the

lecture slides please use double quotation marks and put (“Facts”) or (“Slides”) in brackets after the quote and add the page number. Failure to do so will result in penalties for plagiarism.

Ø Your assessment will be marked via the rubric below. A reminder that you must apply the law to be awarded marks under that heading.

Submission Instructions: Ø When submitting to SafeAssign please ensure your submission filename includes: Your name, student number and the

words “Assignment Final”. For example, AlfStewart_1002003_AssignmentFinal. Ø Please only submit Microsoft Word documents. Ø DO NOT include a direct copy of these instructions, the scenario, the questions or rubric in your submissions. If you do,

your paper will be very closely scrutinised for plagiarism and will be penalised by 10% of the available marks. Ø Please submit your final assignment to be marked into the “FINAL – Assignment Submission Point”, NOT the DRAFT folder.

Staff will only check and mark the copy of your assignment submitted into the “FINAL – Assignment Submission Point”. Ø Submission points are located in the Learning@Griffith course website under Assessment. Ø A draft SafeAssign Submission Point is also available for you to check your work under Assessment. Ø Make sure you obtain and retain proof of your final submission by taking a screen capture or a print screen of your

computer screen once your assignment has been submitted. If there is an error in uploading your assignment, late penalties will apply unless evidence can be provided that it was submitted before the due date. It is the responsibility of each student to ensure that they retain proof of their submission. For example if a blank document is submitted the student will be awarded “0”.

Ø Late submissions must also be submitted to the “FINAL – Assignment Submission Point” (up to 5 days with 10% penalty per day consistent with GU policy). Assignments submitted by any other method will NOT be considered submitted until the assignment is submitted via SafeAssign.

Formatting Instructions: Ø DO NOT use a cover page for this assignment. Ø You must use a header or footer, include your name, student ID, tutor’s name and workshop day and time, on all pages

of your submission (eg. Michael Kirby, s1002030, Mary Gaudron, Monday 2pm). Ø Your answer must be typed in 12 point font with margins of 1cm or greater on all sides. Answers should use the correct

ILAC structure (format) as discussed in class. Answers should use single line spacing to acceptably answer the assignment. Acceptable fonts are Arial, Century Gothic or Times New Roman. It is recommended that your answers are single-spaced to allow you sufficient space to answer the question thoroughly.

Additional Instructions: Ø Please write your ILAC answers using full sentences and paragraphs. Bullet points are not appropriate for this

assignment (except in listing the legal issues as questions and the Law section of your response, as per the model answers previously provided). You may use bullet points to answer the Short Response Questions.

Ø Please ensure you proof-read your work carefully as presentation, spelling, grammar and expression will all be taken into account when marking your responses.

Ø Failure to follow any of the instructions will result in a penalty up to 10% per indiscretion. All plagiarism will be reported and appropriate penalties will apply.

Ø EXTENSIONS: Any request for an extension must be directed to your tutor prior to the due date and time. Documentary evidence that complies with University Policy must be provided. Pressure of work commitments is not a valid reason for an extension. Allow plenty of time to submit – Server or other IT issues are not an acceptable reason for late submission

2105AFE Introduction to Business Law – Trimester 2, 2018 Problem Solving Assignment

Page 2 of 4

HYPOTHETICAL ILAC QUESTION: (20 marks) After a few months of overindulgence, Karen decides that it’s time to get fit. She searches for local gyms on the internet and comes across a nearby gym called “Gym & Tonic” which is owned and run by Grace. An advertisement on the Gym & Tonic website says “On sale for this month only! Monthly gym fee reduced from $60 per month to only $30 per month! Unlimited access!”. The advertisement shows members of the gym using all different types of gym equipment. The following day she goes to Gym & Tonic and tells the receptionist Jack that she wants to become a member of the Gym. Jack shows Karen the Gym’s standard form contract. He asks Karen for her address, date of birth, contact details and bank account details and he inserts this information into the contract. Karen tells Jack that she would like to sign up for 12 months. Karen signs the contract and Jack gives her a membership card. Karen returns the next day, eager to start her first gym session. She shows her membership card to Grace, the owner, who is working at the reception desk, and asks Grace to show her where the treadmills are. Grace explains that the $30 membership fee only includes the weight equipment, and that she must pay an extra $20 per month if she wants to use the cardio equipment. Karen becomes angry and says that the advertisement on the website said “unlimited access” so she should be allowed to use all the equipment. Grace explains that “unlimited access” means unlimited visits to the gym each month, not unlimited access to all the equipment. Karen tells Grace that the advertisement created the impression that she could use all of the equipment, and that the only reason she signed up was because she wanted to use the cardio equipment. Karen tells Grace that she wants to terminate her gym membership immediately, however Grace draws Karen’s attention to Clause 5 of the membership contract that Karen signed the previous day which says:

“The Gym may terminate the contract at any time, without notice and without penalty. If the Member wishes to terminate the contract for any reason, the Member must pay a $100 early termination fee to the Gym”.

Karen tells Grace that the gym is a complete rip off and that she’s never coming back. As she is walking to her car, she runs into her friend Will who works at the restaurant next door to the gym. Karen tells Will what happened at the Gym and Will tells her that he’s heard a few restaurant customers complain about the same thing. He also tells her that the gym has never offered monthly memberships for $60 per month. The usual cost is $40 per month. Karen comes to you for advice. She would like to know if she can terminate the contract with Gym & Tonic, and if she is liable to pay the $100 fee. As part of your answer, you should discuss whether Gym & Tonic has breached any of the provisions of the Australian Consumer Law (Schedule 2 Competition and Consumer Act 2010 (Cth)) and any remedies available to Karen. Also discuss how the common law applies to this scenario. Do not discuss any liability under contract law.

~ END OF HYPOTHETICAL FACTS~

2105AFE Introduction to Business Law – Trimester 2, 2018 Problem Solving Assignment

Page 3 of 4

SHORT RESPONSE QUESTION (Each question is worth 2 marks) Instructions: When answering Questions 1 to 5, simply type your answer underneath a heading such as “Question 1”, “Question 2” etc. Do not include the original question. Watch this “Talking Stick: Native Title” video by the ABC and answer the questions below. Link: https://www.youtube.com/watch?v=8-Pr3c7ovnc Your answers to these questions should be clear and concise and must not exceed one (1) page in total. Question 1: In the Mabo case, native title was being claimed over a particular island. What is the name of the island? What is the name of the Aboriginal peoples who occupy that island? Question 2: In the Mabo case, the claimants were successful with their claim. What were the claimants entitled to do with the land? According to Justice Brennan’s judgement in the Mabo case, when will the foundation of native title have disappeared? Question 3: As explained by Graeme Neate, President of the National Native Title Tribunal, what is the difference between “land rights” and “native title”? Question 4: What was the name of the Act that was introduced after the Mabo decision? What was decided in the Wik case? Question 5: The Yorta Yorta people were among the first to lodge a native title claim after the Mabo decision. How much time passed between the time the claim was lodged and when the final decision was handed down? Why were they unsuccessful?

2105AFE Introduction to Business Law – Trimester 2, 2018 Problem Solving Assignment

Page 4 of 4

Marking Rubric for Hypothetical ILAC Question:

2/7/2017 ALEC ­ RubricBuilder

https://app.secure.griffith.edu.au/alec/index.php?v=print_preview&a=3&rubric_id=33681 1/1

Rubric Builder

Rubric 33681

Program Bachelor of Business Course Code 2007GIR Course Title Legal Issues for Managers

Semester Offering Trimester 1 2017 Assessment Task ILAC Hypothetical Assessment Weighting 20

Objective

Name

Criteria Excellent Very Good Good Satisfactory Unsatisfactory

Ethics/Legal/CSR 15%

IDENTIFICATION OF LEGAL ISSUE/S: Identify the legal issues in the hypothetical ­ Separate major issues into a number of sub­ issues where appropriate. (3 marks)

The student has accurately and succinctly identified all of the issues and sub­issues confronting the parties so as to resolve the legal problem.

The student has identified all of the issues and sub­issues confronting the parties so as to resolve the legal problem.

The student has identified most but not all of the issues and sub­issues confronting the parties so as to resolve the legal problem.

The student has identified some of the issues and sub­ issues confronting the parties so as to resolve the legal problem.

The student has failed to identify most of the issues and sub­issues confronting the parties so as to resolve the legal problem.

Ethics/Legal/CSR 20%

UNDERSTANDING OF RELEVANT LAW: Identify the law which applies to the issues identified above. (4 marks)

The student has identified all of the relevant law to resolve the legal problem. The student has cited correct case authorities and section numbers of legislation (if applicable).

The student has identified all of the relevant law to resolve the legal problem. The student has cited, most of the time, correct case authorities and section numbers of legislation.

The student has identified most but not all of the relevant law to resolve the legal problem. The student has cited, most of the time, correct case authorities and section numbers of legislation.

The student has identified some of the relevant law to resolve the legal problem. The student has cited, some of the time, correct case authorities and section numbers of legislation.

The student has identified limited or no relevant law to resolve the legal problem. The student has cited on limited occasions, or not cited, correct case authorities and section numbers of legislation.

Ethics/Legal/CSR 50%

APPLICATION: Apply each legal principle to resolve the issues identified in the hypothetical question. (10 marks)

The student has demonstrated excellence in applying the law to the hypothetical. In particular: The development of logical arguments in a concise and articulate manner. Arguments are excellent in terms of clarity and persuasiveness. Relevant law is expertly used to support arguments throughout.

The student has demonstrated a high standard in applying the law to the hypothetical by: Developing logical arguments. Arguments are generally clear and persuasive. Relevant law is used to support arguments throughout.

The student has demonstrated a reasonable standard in applying the law to the hypothetical by: Developing some logical arguments. Arguments lack clarity and persuasiveness some of the time. Generally using relevant law to support arguments.

The student has demonstrated a satisfactory standard in applying the law to the hypothetical by: Developing a basic level of logical argument. Arguments lack clarity and persuasiveness in a number of areas. Occasionally using relevant law to support arguments.

The student has failed to demonstrate a satisfactory standard in applying the law to the hypothetical by: Not developing logical arguments. Presenting arguments that are generally unclear and not persuasive. Not using relevant law to support arguments.

Ethics/Legal/CSR 15%

CONCLUSION: Gives a conclusion which resolves each of the issues identified earlier. (3 marks)

Accurate, clear and concise links are established between the issue, law application and the conclusion.

Accurate and clear links are established between the issue, law application and the conclusion.

Accurate links can be identified, with some difficulty, between the issue, law application and the conclusion.

Links are established between the issue, law application and the conclusion, but they are ambiguous.

Only some links are established between the issue, law application and the conclusion.

 

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