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CQUniversity Australia
LAWS11062 Contract B
Assessment 3 – Take-Home Paper Term 2, 2020
Take-Home Paper, Term 2 2020
 Released Friday, 16 October 2020 at 5 PM AEST (QLD)
 Due Saturday, 17 October 2020 by 5 PM AEST
 No extensions
 No late submission accepted
 Maximum word limit: 2500 words (excluding footnote references)
 50 marks
Please read the instructions carefully
Task Requirement
In Question 1, I present you with a hypothetical scenario that will require you to reflect on the work
you have completed over the previous 12 weeks. I ask you to provide advice to a commercial client.
As you see fit, you may refer to legislation, case law, principles, procedures, regulations, practice
directions or rules. Word limit – 1500 words.
In Questions 2 and 3, I present you with essay style questions. In both, I indicate that you should
include, but not limit, answers to a series of questions. I am not prescribing marks for the individual
sub-questions and it is for you to provide the emphasis in your response as you see fit. Word limit –
500 words (each).
Notes
 Working to a short deadline and submitting work on time is part of the assessment.
 You must complete this assessment task by Saturday, 17 October 2020 by 5 PM AEST (Qld).
You will not have an opportunity to complete the task after this date. There will be no
opportunity to apply a late penalty of five per cent per day and you will receive a mark of
zero for this assessment task.
 I will not return the final take home paper, or provide personalised feedback, to students.
 I require you to upload your assessment through the Moodle course website. Submit your
entire answer in a single Word (not PDF) document. Do not submit in multiple parts.
 This is an individual assessment and you may not collude; which means that you cannot act
together to cheat or to plagiarise or engage in academic misconduct. The final answer must
be yours and will be checked via Turnitin for originality.
Words and marks
The word count does not include material included in footnote referencing. Unless included in a
footnote, the word count does include direct quotes. I allow some flexibility on the word count.
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Rubric

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Assessment criteria
I assess students on their ability to demonstrate thinking and writing skills, to comprehend the
material, to process the material and to provide a critical analysis and logical discussion of the law.
Students are required to communicate an answer clearly and logically and in a concise manner. I
expect you to present your paper in a professional manner. Please paginate your paper and use
correct spelling and grammar. You must appropriately reference and attribute the work of others.
Fail
You will have shown evidence of the following:
 the written expression is poor and difficult to understand
 the answer is poorly organised
 referencing is generally inadequate
 lack of familiarity with the legislation and its application
 failure to identify and address the issues in the question
 reasoning and application is poor
Pass
You will have:
 made a conscientious attempt to address the topic and/or answer the question
 shown evidence of having done the required reading and of having understood the reading
 presented a reasonable argument to back up your conclusions
 demonstrated a reasonable level of spelling and grammatical usage
 used referencing but this may need improvement
 issues that may need to be identified and addressed in more depth
Credit
You will have:
 addressed the topic and/or answered the question directly
 presented soundly based arguments and backed these up with reasons
 gone beyond description to analysis of key issues
 used the English language well
 shown evidence of reading widely
 demonstrated understanding of the reading
 used referencing that is satisfactory
Distinction
You will have:
 met the above criteria for a credit
 demonstrated the attainment of a high degree of understanding of the concepts of the
course
 demonstrated deep insight into the application of knowledge and skills to complex
theoretical and practical situations
 used referencing correctly
 referred to some relevant legislation case law, rules, practice directions etc. and ethical
issues
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High Distinction
You will have:
 met the above criteria for a distinction
 demonstrated the attainment of an outstanding level of achievement regarding the
objectives of this course
 demonstrated an interesting and/or original approach/idea/argument
 demonstrated mastery of the relevant referencing system
 ensured your conclusions are backed by well-reasoned arguments demonstrating a detailed
insight and analysis of issues
 referred to appropriate legislation, case law, rules, practice directions etc. and ethical issues
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Referencing
You must reference your work in accordance with the Australian Guide to Legal Citations (AGLC) 4th
edition.
Extensions
The unit profile clearly states that no extensions are allowed. You will have no opportunity to
complete the task after the deadline. This is not an assessment where you will receive a deduction
for late submission. If you do not submit your work by the cut-off time you will receive a nil mark.
Academic Integrity Statement (CQU)
As a CQUniversity student you are expected to act honestly in all aspects of your academic work. Any
assessable work undertaken or submitted for review or assessment must be your own work. When
you use the ideas, words or data of others in your assessment, you must thoroughly and clearly
acknowledge the source of this information by using the correct referencing style for your unit.
Using others’ work without proper acknowledgement may be considered a form of intellectual
dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the
CQUniversity qualification you earn will be valued as a true indication of your individual academic
achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including
the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s
expectations of you to act with integrity, examples of academic integrity breaches to avoid, the
processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion,
cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and
Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even
expulsion from the University. It can also have negative implications for student visas and future
enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being
blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming
confident in completing assessments with integrity and of high standard.
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The Assessment Tasks
Question 1 (30 marks: 1500 word limit)
In April 2019, ABC Pty Ltd (‘ABC’), entered into a joint venture agreement (‘the Agreement’) with
Mary Brown (‘MB), for the development and subsequent sale of a large parcel of land in
Rockhampton. ABC owned the land in question and MB was an experienced and well-qualified
consultant in the area of subdivisions and marketing of real estate. They agreed on an equal interest
in the joint venture, on the basis that ABC would relinquish entire control of all decisions and
engagement of consultants in favour of MB. MB had difficulty in securing finance, given concerns in
relation to a perceived downturn in the residential real estate market. Nevertheless, MB spent an
extraordinary amount of time on the project over a 12 month period, and engaged a suite of
consultants, including town planners, surveyors, engineers, and lawyers. The total direct cost
associated with engaging the consultants exceeded $1 million. Given the delays and lack of liquidity,
ABC has suffered substantial financial difficulty. Since April 2020, ABC has attempted to obtain
information from MB relating to the proper financial position of the joint-venture. However, it
became clear that MB had not kept proper accounts of financial records and as a result, and on 1
September 2020, ABC terminated the agreement. MB was shocked to receive the notice of
termination. MB immediately engage lawyers who wrote to ABC requesting a mediation. ABC
rejected the request and reconfirmed the termination of the Agreement.
ABC now consults you and asks you to act against MB.
Advise MB. In doing so, include a discussion and analysis of the following, amongst other things that
you believe to be appropriate for consideration.
1. The legal basis upon which it is likely ABC will claim entitled it to terminate the Agreement;
2. The relevant legal principles that govern an innocent parties entitlement to terminate upon
a contractual breach;
3. The classification of contractual terms, and the type of terms and obligations breached in
this case;
4. Does the Australian Consumer Law apply in relation to this matter, and if so why?
5. What action would MB likely take in the circumstances, and what arguments would ABC
raise in response to any claim made by MB;
6. Does ABC have an action against MB for misrepresentation, or misleading or deceptive
conduct?
7. Has either party repudiated the contract?
8. Describe the inherent risks in purporting to terminate for repudiation. In your response, you
should discuss how a party could minimise that risk.
9. Whether ABC should reconsider its position and revoke its termination of the Agreement
and continue with the Agreement.
10. If it did, what might be the likely ramifications to ABC?
11. If it did not, what might be the likely ramifications to ABC?
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Question 2 (10 marks: 500 word limit)
Explain, with at least one example by reference to case law, the difference between liquidated
damages and a penalty. In providing your response, discuss what is meant by the term ‘genuine preestimate’ in the context of a damages and illustrate how that is relevant in a practical sense.
Question 3 (10 marks: 500 word limit)
Explain the doctrine of estoppel. In your response, you should include (but not limit) answers to the
following:
 What is the basis of the doctrine of estoppel?
 What are the elements of successfully establishing an estoppel claim?
 What are the differences and similarities of equitable and promissory estoppel?
 Can equitable estoppel apply in the absence of a pre-existing relationship? On what basis did
you arrive at that conclusion?
 What is the relevance of the doctrine of estoppel to contract law?
END OF ASSESSMENT

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