ENTERPRISE LAW, LAWS1001

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 27 th 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):

Criteria Standards
High Distinction Credit Pass Fail
Distinction
Identify legal Clearly and Correctly Identifies Identifies Does not
issues in the correctly identifies most of the some of the identify all
scenario identifies the legal legal issues legal issues or most of
the legal issues in in the in the the legal
issues in the scenario scenario and scenario issues in
the scenario and provides and the scenario
and explains some attempts to and offers
explains relevance explanation explain no
relevance of relevance relevance explanation
Identify key Thorough Clear Applies key Attempts to Does not
areas of law application application areas of law apply key attempt to
(concepts of key areas of key areas (concepts areas of law apply key
and of law of law and (concepts areas of law
principles) (concepts (concepts principles) and (concepts
appropriately and and mostly principles) and
to discuss principles) principles) appropriately to solve the principles)
the issues to discuss to discuss to solve the problem; or applies
and propose and the problem problem and legal incorrect
a direction to address the with explains why principles key areas of
address the problem appropriate not always law
issues and explanation appropriate (concepts
extensive and/or and
explanation some principles);
explanation little or no
given explanation
Written Clear and Clear and Clear and Several Major errors
Presentation coherent coherent coherent errors in in
writing style writing style writing style referencing, referencing,
with a with Some errors spelling, spelling,
thoughtful persuasive in grammar, grammar,
structure arguments, referencing, and and
and highly however, spelling, punctuation, punctuation,
persuasive there are a grammar, and and/or
arguments, few minor and meaning unclear
few or no errors in punctuation, somewhat writing style
errors in spelling, but meaning unclear at that
spelling, grammar, not impeded. times. impedes
grammar, punctuation, meaning.
punctuation, and
and referencing.
referencing.
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.