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Facts of the case of Administration of PNG v Leahy (1961) 105 CLR 6 (HCA)

Business Law for Managers
Subject Code LAW201A
Assessment Title Case Study
Graduate Capabilities
a. Professional Expertise
b. Innovation Problem Solving
c. Technology and Information Literacy
d. Global Citizenship
Learning Outcome/s (found in the Subject Outline) b. Appraise the impact of the current legal system on a wide range of business sectors.
c. Analyse the ethical implications of legal decisions.
Assessment type (group or individual) Individual
Weighting % 30%
Word count 1300 +/- 10%
Submission type Turnitin ?
Format / Layout of Assessment
Report:
ICMS Cover Page
Table of Contents
Executive Summary
Introduction
Findings
Conclusion
Recommendations
Reference List
Appendices
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Page 1 of 4
Assessment instructions The purpose of this assessment is to undertake a case study in the area of contract law.
Read the case of Administration of PNG v Leahy (1961) 105 CLR 6 (HCA) and answer the following questions:

  1. Summarise the facts of the case of Administration of PNG v Leahy (1961) 105 CLR 6 (HCA)
  2. Summarise the arguments of the Administration of PNG.
  3. Summarise the arguments of Leahy.
  4. Analyse what the Court had to say in regards to the element of intention to create legal relations.
  5. What was the final decision of the Court? Do you agree?
  6. Summarise why contract law is important in your particular industry and whose rights and interests it protects providing one example.
    The due date for the assessment is 11:55pm on Sunday of week 8.
    This is an individual assessment. The report should be 1300 words +/- 10%.
    Readings for the assessment
    Papua & New Guinea v Leahy [1961] HCA 6; (1961) 105 CLR 6 (7 March 1961) (austlii.edu.au)
    Gibson, A (2017). Business law. (10th ed.). Boston: Pearson.
    Graw, S. (2017). Understanding business law. (8th ed.). New York: LexisNexis.
    Latimer, P. (2016). Australian business law. (35th ed.). Oxford: Oxford University Press.
    Lipton, P., Herzberg, A. & Welsh, M. (2018). Understanding company law. (19th ed.). Pyrmont: Thomson Reuter.
    Grading Criteria / Rubric Please see grading rubric below.
    Page 2 of 4
    Assessment 2 Case Study – Marking Rubric
    Criteria HD (85-100) D (75-84) CR (65-74) PASS (50-64) FAIL (0-49)
    Content
    ( Weighting 30%)? Case study identifies and clearly establishes the facts of the case, arguments of parties is clear and correctly identifies at least 4 key arguments by the plaintiff and defendant, able to correct identify the ratio decidendi. Clearly applies the importance of contract law to student’s industry and provides insightful industry examples. The report is highly focused and coherently integrates precedents and/or other research, evidence of deep analysis with rich discussions. Case study identifies and establishes the facts of the case, arguments of the parties and identifies at least 3 key arguments by the plaintiff and defendant, able to identify the ratio decidendi. Applies the importance of contract law to the student’s industry and provides relevant industry examples. The report is well focused with analysis and discussion being mostly based on examples from course readings with some other research. Case student identifies and attempts to establish the facts of the case, arguments by the plaintiff and defendant, the ratio decidendi. Attempts to apply the importance of contract law to the student’s industry and provides some examples. The report shows focus and demonstrates evidence of some analysis but the report may be mostly descriptive or summary based on course readings in direct response to the prompt. Case study identifies and attempts to establish the facts of the case, arguments of the parties, the ratio decidendi but not always with success. The importance of contract law and examples may lack focus and have a tendency to re-hash the work of others without making significant additions. Demonstrates a shallow grasp of the material and key elements of contract law. Student does not have a grasp of the content; student has difficulty providing a report relevant to the topic.
    Industry Application
    (Weighting 20%)? Demonstrates and astutely analyses the importance of contract law to the student’s selected industry by establishing the context and relevance of the issue. Demonstrates and thoroughly analyses the importance of contract law to the student’s selected industry by establishing the context and relevance of the issue. Demonstrates and attempts to analyse the importance of contract law to the student’s selected industry by establishing some context and relevance of the issue. Demonstrates and partially analyses the importance of contract law to the student’s selected industry by establishing minimal context and relevance of the issue. Demonstrates a partial understanding of the importance of contract law to the student’s selected industry.
    Legal Application
    (Weighting 30%)? Case study identifies and coherently assesses all key elements of a binding contract including consideration, offer, acceptance and consideration. Case study identifies and assesses all key elements of a binding contract including consideration, offer, acceptance and consideration. Case study identifies and assesses some key elements of a binding contract. Case study identifies and assesses some aspects of a binding contract however some elements may be missing or faulty. Case study demonstrates a minimal grasp of the key elements of a binding contract.
    Research and Referencing
    (Weighting 10%)? Utilises an extensive range of relevant literature from scholarly sources. Outstanding referencing to support analysis and assessment. Demonstrates an ability to utilise and reference a range of resources. Quotes are properly cited and follow APA format. Utilises a broad range of relevant literature from scholarly sources. Accurately provides references to support analysis and assessment but with a few slips, particularly in less common references. Quotes are mostly cited and follow APA format. Literature from scholarly sources has been incorporated. Provides references to support analysis and assessment but with one or two slips in more common references. Quotes are mostly cited properly and follow APA format. Literature from a range of sources, some of which are not credible or relevant, have been utilised. Attempts to provide references to support analysis and assessment but one or two may be missing/faulty or not listed at the end of the report. Offers few or no references to support analysis and assessment. Those that are provided tend to be not credible or relevant and may be inaccurate or faulty. There may be no reference list.
    Page 3 of 4
    Structure
    (Weighting 10%)? Content is logically and succinctly structured to create a cohesive and coherent case study. Ideas are clearly expressed by a skilful use of vocabulary. Consistent adherence to grammatical conventions with no errors. Content is logically structured to create a cohesive and coherent
    case study. Ideas are expressed by a skilful use of vocabulary. Mostly consistent adherence to grammatical conventio ns. Content has been logically structured to create a coherent case study. Mostly consistent adherence to grammatical conventions, although minor errors remain. Content has been partially structured to create a case study. Grammatical conventions have been adhered to in some areas although there are minor errors. Content has been partially structured to create a case study. Formal and informal language has been used. The work includes multiple grammatical errors