Description
Queensland University of Technology
AYN456 Business and Corporations Law
Assessment 2, Semester 1 2023
Assessment 2 AYN456 Business and Corporations Law
Due Date Thursday 14 September 2023 by 11:59pm AEST (Brisbane)
- This is an individual assignment weighted at 20%.
- The word count is 1000 words.
- Familiarize yourself with the Criteria Sheet in Canvas (CRA) for further information on what is required. You will be marked in accordance with these criteria.
- You must upload your answer via the link provided on the AYN456 Canvas site by the due date and time (this applies to all students).
- Your assignment and feedback will be returned to you online.
- It is each student’s responsibility to check online submissions have been uploaded correctly. For instructions on how to check if your submission uploaded correctly, type ‘How do I know when my assignment has been submitted?’ into the Pink Help button on Canvas’.
- The Canvas site will show a green tick and a submission time stamp on the submission link when the student has submitted correctly. No marks will be given for submissions where the file is corrupt and unreadable.
- Please call HiQ if you encounter any technical difficulties and take screen shots.
The use of artificial intelligence tools is not permitted in any assessment in this unit. The use of such tools when not authorized may be treated as a breach of MOPP C/5.3
Academic integrity and penalties imposed.
How do I approach the task?
The case facts below ask you to read around the relevant areas in more depth and to work through what it would mean to successfully apply the relevant law. In other words, you are asked:
- to identify the issues
- identify the applicable law(s) the fact scenario raises
- state and show how the tests that support each of these areas of law would be applied to these facts and
- reach outcomes/conclusions based on this at law.
Where do I look for research?
Some suggested cases appear at the end of the problem, but your textbook and lecture slides will have more. A good place to start is looking up these key terms in your book and reading around them (including more broadly if needed) – as well as doing some searches of the cases provided. Reading a full case can be complex (an important understanding in itself) and a decent case summary may suffice.
You will need to have a reasonably detailed understanding of the facts and of the elements of the tests the court applied to reach their conclusion. You will need to then ask yourself if the same tests would come out identically in this case – and why/why not? This is a critical step to showing you understand how legal precedent is applied. It is, in other words, what ‘legal reasoning’ is about.
You should start as soon as possible as areas identified will not necessarily be covered in detail and are designed to be the basis for applied independent research around legal issues.
Please look the additional information posted to get initial ideas. There is also a short clip on doing legal research – although this will not be overly extensive in this case with emphasis resting more on application of the cases you find below, in your text and in class.
How do I structure my essay?
Do not get too concerned about how to write your essay. ILAC/IRAC form is a logical presentation format that separates out the issues, the relevant law, and application of that law if you choose to use this method (it is up to you). There is a podcast of ILAC in lecture recordings. In keeping these areas discrete, it is easier to remain objective around the first two (issue, law), and to explain clearly the pros/cons of the case facts as they align (or don’t align) with the law. Conclusions then are the logical final step.
This format is used in legal judgments but if you are more comfortable writing a memorandum of advice, don’t get unduly hung up on the formalities. The bottom line is identifying and applying the law.
What else do I need to know?
- See the getting started hints at the end of the problem as the launching space
- confine your analysis and legal arguments to common law authority, legislation and to such provisions that arise as part of this course (and text).
Problem Question
In April, Vanya received an offer to study at QUT, starting in semester 2. To congratulate Vanya, his father purchased a new Apple Mac Laptop at the end of May at CompUworks (CU Works) as part of an End of Financial Year run out stock sale, receiving a 20% discount on what he was advised was an older model.
He gave this to his son in July, directing that Vanya “make sure to study hard and pass all courses!” Vanya, thrilled with the laptop, opened it, admired it and then stored it carefully until after orientation week. Prior to his first class, Vanya charged the laptop but it would not turn on. After referring to the instructions, he phoned the Apple help line and, as per the direction of the online expert, plugged the laptop back in to charge it. It still didn’t turn on, much to the confusion of the support person who advised Vanya that “it should be working by now and if there are any problems it can be returned to the shop where it was purchased.”
Vanya, aware Apple products were known for being good quality, was not concerned and tried again to turn the laptop on. This time it made a loud noise and started to smell like it was burning so Vanya turned it off and decided to take it back to CUWorks the following week when he went home for the weekend. In the meantime Vanya used QUT’s computers and the 24 hour computer lab when he wanted to study late.
Vanya went into CUWorks and the Manager of the store examined the laptop and confirmed it was not working. After asking for the purchase receipts, which Vanya didn’t have, the Manager informed Vanya:
“Unfortunately this store is not in a position to help you. Even if you had the receipts, we no longer sell this old model which is why we sold it at a discounted price.
Generally, as a courtesy and because we appreciate our customers, we will offer an exchange service for problems that arise within two weeks of purchase – as that is more than a reasonable time to figure out if there is an issue. But you are several months on so we can’t do that. Additionally, we cannot replace it because we do not have any others.
Look at the sign on the cash desk – it clearly states if you receive a discount of any type then you are not able to return the item or have it replaced for any reason, ‘Any stock purchased at a discounted price is excluded from the Australian Consumer Law Guarantees.’”
Vanya is really upset as his parents used their savings to buy the laptop and he really needs it for University. He asked if he could have a replacement as he needed to start his assessment preparation but the Manager just pointed at the sign on the desk and shook his head.
“Sadly, we can’t help. Pity your father didn’t buy the extended warranty package – that would be the only circumstances that would really cover this situation with CUWorks. Otherwise it is a manufacturer thing.”
Unfortunately every Apple store in Queensland is closed for refurbishment in preparation to launch the new “Apple Vision Pro” so Vanya can’t even go there to ask for help. More to the point, Vanya doesn’t see having to find an Apple service store and engage with more entities to be reasonable use of his time.
Part A problem question:
- i) Advise Vanya on his rights and possible remedies under the Australian Consumer Law (ACL), providing the relevant sections of the ACL and cases where relevant.
- ii) Advise Vanya if the Store Manager is correct when he states “the extended warranty package – … would be the only circumstances that would really cover this situation.” Why/why not?
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