AccountingQueen
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COMMERCIAL LAW M 2017 ASSIGNMENT 1 PART A DUE; Monday 20th March @ 11.00 pm 800 words max Value; 30% of total of Assessment 1 which weighs 40% of total assessments Use the template provided on the website to analyse the following scenario and submit it via Gradebook. You can use Harvard or AGLC referencing. You can find a link for information on both here https://lo.unisa.edu.au/course/view.php?id=3839 Penalty for late submissions = 10% (-10 MARKS) PER EACH DAY LATE eg score 60% but 1 day late = final result of 50%. Please note ‘traffic jams’ sometimes happen with Gradebook close to the closing time and prevent submissions, making them late. You are advised to submit well within time. Note also, penalty for excessive word count – 10% leeway. When you submit, Turnitin automatically generates a similarity report which is used to report students to the Academic Integrity Officer. You are advised to take note of any high percentages and to make sure you have not plagiarized by referencing appropriately. About 30% of this report will be due to use of the template which includes the cover sheet. If submitting early to check the report, you can resubmit but be sure to use the same file name. Objectives assessed by this assessment o Display knowledge of major aspects of contract law in particular the formation of contracts o Apply legal methodology to a study of the law of contract Graduate qualities assessed:- knowledge, effective problem solving, ability to work autonomously, and communicate effectively. PROBLEM Tilly is a sole trader who runs a motor repair business. Recently her premises had experienced some plumbing problems and she has had to engage a plumber, Peter Plumber, to replace various pipes and equipment. After some discussion they both signed a contract for the completed work for $7,500 to be paid within 30 days of the work being completed. Peter completed the work and Tilly agreed it was done as required. However after 29 days no payment was made by Tilly. Realising she could not pay the full amount as agreed, Tilly phoned and spoke to Peter. Tilly told him she was experiencing some cash flow problems and asked if she could pay $6,000 the next day but not the balance of $1,500. She asked if instead of paying cash she could provide him with a service. She offered to carry out some work on his business van if he needed it in the next few months. Peter thought about it and agreed and the next day Tilly paid $6,000. One week later, Peter decided that this was not a good deal for him and he thinks he should have insisted on Tilly paying the full cash amount owing. He wants to know if he can contact Tilly and cancel the deal for work on his van and insist on her paying the remaining $1,500. Using cases to support your reasons, discuss whether Peter can legally insist on the balance of the debt and how Tilly could respond if he does. Additional notes Please use the template for feedback and guidance for answer requirements Be mindful of the word limit. 10% leeway is allowed; penalties apply after that. To pass you MUST include a minimum of TWO CASES In addition, marks will be awarded for use of the following:- A) Legal definitions and/or explanations given (accounts for 20% of the marks) B) Principles of law applied to the facts (most important part – accounts for 50% of marks) C) Sound interpretation of facts (accounts for shared 10%) D) Arguments and counterarguments (accounts for 20% of the marks) E) Appropriate cases used to support arguments (accounts for shared 10%) F) Referencing – (accounts for shared 10% AND has important academic integrity implications) i) listed ii) correctly applied iii) cases correctly cited Assessment of your assignments will also take into account:  relevance of your answer to the question  clarity of expression  proper acknowledgment of documentation and use of an acceptable referencing system eg Harvard (MUST NOT BREACH ACADEMIC INTEGRITY)  logical planning and sequence  use of inclusive language  overall presentation, including correct grammar, spelling and punctuation  comprehensive coverage reflecting engagement with set readings, text and other relevant materials Remember: Assignments may not be resubmitted.