Assessment task 3 Individual Case Study
This task is the result of your individual effort, so students must not discuss their work with anyone else, otherwise it may lead to an allegation of collusion.
Weight: 15%
Due: Before 5 pm on Wednesday 27th September. Late submissions will incur a penalty – see the university policy.
Submission: Through the Turnitin link under Assessment 3 button on vUWS. No coversheet is to be attached as it is built into the upload page.
Topic: Module 2, Contracts Law.
Length: 500 words in total. This is a strict maximum word limit. You are not allowed to exceed it without suffering a penalty. The penalty will be 1 mark per 100 words, or part thereof. A Reference List is required, as you must use the Harvard/WesternSydU style. This Reference List will not be included in the word count; everything else submitted will be counted, so do NOT include the questions.
Further instructions: You need to download your own receipt of a successful upload. Further you must use a WORD document as some formats are not acceptable in Turnitin (Please read the information available on vUWS).
For your information, here is the link if you were thinking of asking for an extension: https://policies.westernsydney.edu.au/download.php?associated=1&id=339&version=15 If you do apply for an extension I require you to attach all work done to date on the task. Without this your application will be rejected.
Here is the link to information about a Disruption to Studies application: https://www.westernsydney.edu.au/currentstudents/current_students/services_and_facilities/special_consideration
Both such applications must be done through the system with supporting documentation. Please contact Student Services if you need help with the completion of such a form. Do not wait on the outcome but continue working on the task and upload as soon as you are able. You may find the outcome of these applications is not the one you wished for.
Resources: This assessment is designed to be able to be completed by using your textbook. Therefore, the principal resource to be used in this assessment is that book. Other resources would be anything else available on vUWS. You are not to use anything further.
Marking criteria and standards (taken from the Learning Guide):
CriteriaStandardsHigh DistinctionDistinctionCreditPassFailIdentify legal issues in the scenarioClearly and correctly identifies the legal issues in the scenario and explains relevanceCorrectly identifies the legal issues in the scenario and explains relevanceIdentifies most of the legal issues in the scenario and provides some explanation of relevanceIdentifies some of the legal issues in the scenario and attempts to explain relevanceDoes not identify all or most of the legal issues in the scenario and offers no explanationIdentify key areas of law (concepts and principles) appropriately to discuss the issues and propose a direction to address the issuesThorough application of key areas of law (concepts and principles)to discuss and address the problem and extensive explanationClear application of key areas of law (concepts and principles) to discuss the problem with appropriate explanationApplies key areas of law (concepts and principles) mostly appropriately to solve the problem and explains whyAttempts to apply key areas of law (concepts and principles) to solve the problem; legal principles not always appropriate and/or some explanation givenDoes not attempt to apply key areas of law (concepts and principles) or applies incorrect key areas of law (concepts and principles); little or no explanationWritten PresentationClear and coherent writing style with a thoughtful structure and highly persuasive arguments, few or no errors in spelling, grammar, punctuation, and referencing. Clear and coherent writing style with persuasive arguments, however, there are a few minor errors in spelling, grammar, punctuation, and referencing. Clear and coherent writing style Some errors in referencing, spelling, grammar, and punctuation, but meaning not impeded. Several errors in referencing, spelling, grammar, and punctuation, and meaning somewhat unclear at times. Major errors in referencing, spelling, grammar, and punctuation, and/or unclear writing style that impedes meaning.
PROBLEM SCENARIO:
Greg operates a successful business maintaining domestic swimming pools. He employs two young assistants, and offers very competitive rates for cleaning and regular maintenance work. Mr. Pieters has recently had installed a very large salt water pool with a very delicate and very expensive filtration system, that keeps the water parasite free, and crystal clear.
During discussions between Greg and Mr Pieters, Greg hands him a brochure and says: “Please read this carefully”. Mr. Pieters however cannot read English. The document contains the following clause:
It is agreed that under no circumstances will I, Greg, be liable for any damage or loss caused by my employee or agent unless such act of default could have been foreseen and avoided by the use of due diligence on my part as their employer; nor in any event will I be held liable for any loss occasioned to the client by me or my employee or agent except insofar as such loss was solely attributable to the negligence of my employee or agent acting within the course of their employment.
Mr. Pieters agrees to hire Greg, paying him $200 a month for regular maintenance and cleaning of his new pool.
One of Greg’s employees, Toby, unbeknownst to Greg, holds a secret grudge against salt water pools and he deliberately fails to clean Mr. Pieters’ filter.
As a result, the salt residue accumulates and Mr. Pieters’ $50,000 filter system explodes.
Advise Mr. Pieters as to whether he can claim this $50,000 from Greg.
END OF QUESTION.
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