LAWS 11030 Introductory and Contract Law
Assignment Guide for Term 3 2015
For Part B, question one, you are required to write an essay.
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The following resources may assist you in attempting question one of Part B:
• Go to learning resources banner (before week 1) on Moodle and find Manual for success essay writing template, essay writing guide and guide for students.
• Visit the academic learning centre at your local campus or visit the following link if you have trouble with essay writing:
• Go to www.cqu.edu.au/library and find articles that relate to the Australian Constitution. Type in Discover it “Separation of Powers” and “Division of Powers” search for appropriate articles to answer your topic.
This essay topic is drawn primarily from your week 2 study. You may want to think about what are the key concepts that underpin the topic: Australian constitution; dividing up powers; separating powers. Why is it called the bedrock of our society? Why is it a living document?
Reading materials to support your answers could be obtained from
• week 2 lectures
• Turner,Trone & Gamble, pp11-17
• http://www.naa.gov.au/collection/explore/federation/index.aspx.(National Archive website which provides resources on various aspects of the Australian Constitution)
• recent newspaper articles found in week 2 Moodle
It is expected that your essay is referenced with either the Harvard referencing or the legal footnoting. A copy of the Harvard referencing Style and Australian Guide to Legal Citation is found under the learning resources banner and Important Information.
For Part B, question two, you are to use an IRAC approach. IRAC stands for issue, rule, application and conclusion.
1. Issue: what is the legal problem/legal topic that needs to be addressed based on the facts of this case. For example, the issue could be on whether there is a contract between the parties. Generally, I like to put the issue in the form of a question so that in my subsequent analysis, I am guiding myself to answer the issue.
2. Rules: the second step is look at what are the legal principles that are relevant to the issue. In this section, you need to support the law with relevant cases and proper citations and outline the relevant principles that come out of these cases. For example, an offer can be revoked by the offeror before acceptance per Byrne & Co v Leon Van Tienhoven & Co. .
Referencing shown here is using footnoting. Should you be quoting or paraphrasing other materials from the textbook, you are also required to reference your sources.
3. Application of law to the facts of the case. In this paragraph(s), you dissect and discuss the facts of the case, apply the law and finally determine the outcome of the case. The outcome may be that the parties have or have not reached a legally binding agreement. Generally this goes back to the issue.
4. Conclusion: this part answers your issue and if there is a breach or voidable contract, you are to suggest the likely solutions that the court will grant (this need not be addressed in your Part B as remedies are taught in week 10).
The following resources are useful for question two of Part B:
• Go to learning resources banner in Moodle and find sample problem based question
• An introduction to studying law units approaching the hypothetical legal problem
(This section is found at the start of your prescribed textbook, Turner C.,Trone J. & Gamble R., “Concise Australian Commercial Law”, Thomson Reuters, 3rd edition, 2015)
It is expected that you put in citation after your quoted cases.
How to locate a case Week 3 Moodle (Finding cases in Austlii)