La Trobe University International College
Foundation Studies & Diploma Programs
DBA10IBL: INTRODUCTION TO BUSINESS LAW
COMMON LAW ASSIGNMENT (15% of final mark)
DUE DATE: ECNU Campus: Wednesday 26th May. (During class)
Tongji Campus: Thursday 27th May. (During class)
Students should read the Unit Learning Guide and the instructions accompanying this
assignment very carefully before attempting to answer these questions.
All questions must be answered.
1. Discuss the decision of the High Court in Commercial Bank of Australia Ltd v
Amadio (1983) 151 CLR 447 and explain its significance.
(10 marks)
2. What is a unilateral contract? Explain how a unilateral contract differs to a
bilateral contract. Provide some examples of each type. (Including case law)
(5 marks)
AND
3. Zhen took his favourite Bally suede jacket to Bhai Bye Drycleaners Pty Ltd. Zhen paid
a premium price to have the jacket individually dry-cleaned. At the counter he was
handed a docket that stated:
“Terms and Conditions displayed on the premises.”
On the left hand side of the counter was a sign that stated:
“Articles are accepted on the condition that Bhai Bye Drycleaners Pty Ltd is not liable
for any damage howsoever arising, or delay.”
Zhen does not notice the sign. When he collects the jacket he is very upset to find several
large stains on the jacket.
(a) Advise Zhen whether Bhai Bye Drycleaners Pty Ltd can escape liability for the
damage to the jacket.
(10 marks)
(b) Would it make any difference if Zhen was a regular customer to Bhai Bye
Drycleaners Pty Ltd? Give reasons.
(5 marks)
Discuss the legal issues at common law. (Do not include discussion of any statutes in
your answer).
TOTAL: 30 marks/2 = 15 marks
INSTRUCTIONS
Due date: Friday May 28 2010 by 5pm.
Location for submission: The assignment must be submitted, with a Statement of
Authorship attached, in a place suggested by your lecturer/tutor.
Maximum word limit: 1,500 (one thousand five hundred) words, including words in
footnotes.
Details required: Ensure that you place your name and student number, as well as your
tutor’s name and your tutorial time, on the cover sheet attached to the front of your
answer.
Total value: this assignment is worth 15 marks (being 15% of total result). The final
examination counts for 70% of the marks in the unit.
Citation: Students should follow the Australian Guide to Legal Citation, 2nd edition,
available at http://mulr.law.unimelb.edu.au/aglcdl.asp
ALL sources formally relied upon must be accompanied by University mandated
citation rules. Penalties at the marker’s discretion will apply to students who do not pay
attention to the correct citation of cases, statutes and secondary sources.
Footnote your responses on a page by page basis. Footnotes must be consistent in style.
Do not include a bibliography.
Note that citations form part of the word length.
Criteria for assessment: Marks are awarded for the accuracy and quality of the
response. See the Unit Learning Guide for the criteria by which the assignment will be
marked.
Presentation will be taken into account when your assignment is marked. Assignments
must be typed, double spaced with wide margins and size 12 font.
Plagiarism: School policies on plagiarism will apply to the assignment. Refer to the
Unit Learning Guide 2008. Note that plagiarism is heavily penalised.
Length: as noted above, your assignment must not exceed 1,500 words, including words
in footnotes and this limit will be strictly enforced. Excessive length will be penalised.
Do not waste words on lengthy introductions and conclusions. Try to be precise and
concise in dealing with the issues raised by the question.
Answers which exceed the word limit may be penalised by the deduction of one of the
marks awarded for every 150 words by which the response exceeds the limit. There will
be no reward given for short answers other than the goodwill of the marker.
The total number of words in your assignment should also be noted on the front of your
answer. Students who misrepresent the word count will be penalised at the marker's
discretion.
A copy for your records: It is important that you keep a copy of your work for your
records.