LAWS20061 | Management Law | Management

Final Written Assessment

This is a group assessment and up to three students are allowed in a group.

The total value of this assessment is 30%.

This subject gives an understanding of the key topics and concepts of law related to management in an engineering context. The material is contextualized and integrated with management decision making.

Question 1                                                                                                      20 marks   850 words

Choose an Australian engineering or other company with which you are familiar or which is of interest to you. With respect to the competition provisions in the Competition and Consumer Act 2010 (Cth) (CCA) that you have studied in this course undertake the following:

(a)Explain 3 strategies adopted by your chosen company towards regulatory compliance. In doing so, you will also need to comment on how this is documented in the company's policies and/or through its website.  5 marks     225 words
(b)Discuss by providing examples how these 3 strategies promote competition in Australia by prohibiting anticompetitive conduct. 5 marks    225 words
(c) After studying the concepts and legal principles in Chapter 16  of Tony Ciro, Vivien Goldwasser and Reeta Verma, Law and Business, 4th ed, Oxford University Press Australia, Melbourne, 2014 what recommendations would you make to improve your chosen company's management activity in competition law compliance? 10 marks 400 words

                                                                                                                  

Question 2                                                                                                    20 marks    850 words

Bungee World Ltd ("BW”) is located at Byron Bay, New South Wales and has the world's highest bungee jumping platform named the Sea Monster. The steel platform is constructed over some cliffs that overlook the bay.

You are the manager in charge of safety operations at BW. The Board of Directors of BW has requested that you prepare a memorandum to them explaining whether there are grounds for a successful negligence action against BW and the consequences to BW. You are also required to propose recommendations as to how best to resolve this potentially damaging public relations problem. In your analysis, you will need to refer to the relevant law (statutory and/or case law).

Question 3                                                                                               10 marks     400 words

In your own words, what are the National Employment Standards? Who do these standards apply to? If you were head of human resources at an Australian engineering company, what would you need to do to ensure that your company does not contravene these standards?

You are provided a link to the National Employment Standards.

Question 4                                                                                                 10 marks     400 words

Julie is an elderly woman who lives by herself in Sydney. She has recently migrated from France and is only able to communicate in English at a basic level. One day she receives a random call from David, a representative of a plumbing company who offers to give her a "free plumbing check” at her home. David explained to Julie over the phone that this free check would involve an obligation free assessment of the condition of the taps and pipes in her home. She agreed and David visited her home the very next day.

Whilst at her home David conducted a check of the taps and pipes in her home and informed her that her plumbing was in good shape. However, David suggested that Julie purchase an Ono water filter as Julie would benefit from the latest reverse osmosis technology that the water filter offered. David said that he happened to have one unit remaining in his vehicle parked outside and that he was prepared to sell it to Julie for $2000 including installation.

Julie was not keen on spending any money but after 2 hours of intense persuasion by David, Julie signed the contract to purchase the Ono water filter as she felt pressured to purchase the product. The contract had a cooling-off period of 10 days but David said that if Julie agreed to waive the cooling-off period, David could install the filter straightaway. She agreed to waive the cooling-off period in the contract, paid David the $2000 in cash and David subsequently installed the Ono water filter.

Julie now approaches you for advice. She says that the Ono water filter is working fine but she really has no need for it and she felt pressured to purchase it. Advise Julie of her rights and remedies (if any) under the unconscionable conduct provisions (including section 21) in the Australian Consumer Law.

Note:we provide above case study for reference purpose only. You will find the actual case study in your assignments.

BLO1105 Business Law                               

This subject aims to give an understanding of the basic principles of and introduction to the statutory provisions belong to the course.

Instructions

This assignment has two main questions. Question one has two sub-questions.

This assignment contains 30 marks in total.

Word length for both questions is 2000-2500 words (not containing footnotes, references, and bibliography)

Question 1

You will be provided a case study of Avinash that is a visitor to a café that provides the self-service facility. Based on that case study, you need to answer the following questions:

a. Explain how the contracts Avinash made with the café were formed.

You will need to address all the essential elements of a contract, as well as analyze the legal status of each step or event that led to the café supplying Avinash with its products. Refer to relevant case law. In this part, do not discuss the impact, if any, of consumer protection laws.
You may, but are not obliged to use the IRAC format for this part, given that each step or event must be analyzed separately.                                                                             (10 marks)

b. Explain whether the café is legally entitled to rely on the clause printed on the ticket to avoid liability in relation to Avinash’s injury.

For the purposes of this part, you should consider both common laws as well as legislation (also confirming whether Avinash is a ‘consumer’).
Please use IRAC format for this part.                                                             (10 marks)

Question 2

Discuss this statement by reference to cases and legislation, providing examples of each.

a. You need to justify your view as to whether these two types of terms are ‘significantly different from one another’.
b. In addition, include as an example in your discussion, references to the types of terms indicated in the facts of question 1.
c. The IRAC format does not apply to this question.

Note:we provide above case study for reference purpose only. You will find the actual case study in your assignments.

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