Question 1 (Learning Outcome One) 10 Marks
New Zealand Constitutional Framework – short essay
Instructions: Describe in your own words what is “common law” and give an example (using a case) of how the common law system works
Question 2 (Learning Outcome One) 10 Marks
Legislation - Interpretation, and Application
Instructions: Locate the Contract and Commercial Law Act 2017 on New Zealand
Required:
- What is the purpose of the Contract and Commercial Law Act 2017? Refer to the relevant section of the Act in your answer and briefly summarise this in your own words. [2 marks]
- Research when the bill was introduced for the Contract and Commercial Law Act 2017 and when it obtained Royal Assent. [2 marks]
- Where can you find resources and guidance on Contract and Commercial Law Act 2017? Suggest some easy to access and reliable sources of information. [2 marks]
- Identify four legislations that were re-enacted by the Contract and Commercial Law Act 2017[4 marks]
Question 3 (Learning Outcome Two) 10 Marks
Negligence – short essay
Instructions: Describe in your own words the three elements required to establish a tort of negligence. Support each element with reference to the corresponding casela
Question 4 (Learning Outcome Two) 12 Marks
Negligence – application question (ILAC)
Scenario
Apex Developments Ltd (ADL) wishes to be listed on the New Zealand Exchange Main Board. As part of the process, it is required to appoint professional advisers to assist with the preparation of the prospectus (offer document), participate in the due diligence process for the Initial Public Offer (IPO), price the offering, market the offering to investors and be available to the company for other advice, where necessary, throughout the IPO process.
Ace Consulting & Accounting has been appointed to prepare the prospectus and conduct due diligence on ADL’s financial statement.
The prospectus states that :
ADL is seeking up to $100 million to develop its business as a finance company. The company has delivered strong profit results for a number of years, including an audited net surplus of $14.97 million for the year ended 30 June 2015, an increase of 47% on the previous year’s results. In addition, ADL’s receivables book is both growings and expanding into diverse business sectors.
Prudent Investment relying on the statements in the prospectus, which indicates that ADL was financially sound, bought a block of ADL’s shares.
Twelve months later ADL went into liquidation with losses of $10 million. On examination of ADL’s accounts, it was clear that the company had been in financial trouble since 2014 and the position was even worse when the report was written.
Prudent Investment is now attempting to recover their investment from Ace Consulting & Accounting.
Required
Advise Prudent Investment whether they are likely to succeed in a claim against Ace Consulting & Accounting. Cite relevant case law in your in your answer.
Question 5 (Learning Outcome Three) 10 Marks
Contract – short answers
Scenario
Jose has recently left his plumbing job and wants to start up his own business.
Jose is in need of funds for the business and asks his father for $30,000 to help him set up. Jose’s father is happy to help but has seen these kinds of situations go wrong before and therefore a bit reluctant. In the end, Jose’s father agrees to lend Jose the money, conditional on Jose signing a loan slip to record the debt, which is repayable on demand.
Jose uses the $30,000 and sets up his business. His business prospers and soon he decided to his business the sale of tools and appliances. He searches in the Yellow Pages and finds a supplier, Mandy. Mandy agrees to supply the goods to Jose and asks him to enter into an agreement. Jose was nervous about signing an agreement with someone he didn’t know and insisted on putting a clause that “this agreement is not a formal legal agreement and shall not be enforceable in the Courts”. Mandy reluctantly agreed and signed.
Jose’s business was doing great until he sprained his back and was unable to continue with works. He kept the business going through hiring a contractor in the meantime. Six months down the track Jose’s back was still not fully healed and business had been going downhill. Jose’s father was aware of the situation and Mandy’s monthly invoices have been unpaid for some time.
Required
- Advise Jose whether his father will be successful in an action against him. Cite relevant case law in your answer. [4 marks]
- Advise Jose whether Mandy will be successful in an action against him. Cite relevant case law in your answer. [4 marks]
Question One - Essay Grading Rubric below
As you research and write the essay, please use this grading rubric as a guide towards satisfying the criteria.
| A | B | | | C | D/F | Mark |
Organization: | Well planned and | Good overall | | There is a sense of | No sense of | |
Overall | thought. | organization, | | organization, although | organization | |
1% | Exceptionally well | includes introduction, | | some of the | | |
| structured, includes | main body and | | organizational | | |
| introduction, main | conclusion. | | structures used are | | |
| body and the conclusion. | | | weak or missing | | |
| 1 mark | 0.5 marks | | 0.25 marks | 0 mark | |
| | | | | | | | | | | | | | |
Content – | Exceptional | Correct identification | | Presentation of the | Content is not | |
Law | identification of | of the relevant law, | | relevant law but not | sound | |
4% | relevant law, well | well-presented and | | particularly supported; | | |
| presented, supported | supported with | | some evidence, but | | |
| with evidence and | specific referencing | | usually of a | | |
| details, with specific | of legislative | | generalized nature. | | |
| referencing of | provisions and case | | | | | | | | | | | | |
| legislative provisions | the law as required. | | | | | | | | | | | | |
| and case law as | | | | | | | | | | | | | |
| required. | | | | | | | | | | | | | |
| 4 marks | 3 marks | | 2 marks | 0 mark | |
Research & | Sources are | Sources are well | | Sources support some | The paper does | |
Citation | exceptionally | integrated and | | claims made in the | not use adequate | |
3% | well-integrated and | support the paper’s | | paper, but might not be | research or if it | |
| they support claims | . There may be | | integrated well within | does, the sources | |
| argued in the paper | occasional errors, but | | the paper’s argument. | are not integrated | |
| very effectively. | the sources and | | Law and facts are | | | | | | well. They are not | |
| Conforms APA | conforms APA | | mostly read verbatim | | | | cited correctly nor | |
| referencing. | referencing. | | from article or source | | | listed correctly. | |
| | | | and not put into the | | | | |
| | | | presenters own words | | | |
| | | | or adequately | | | | |
| | | | connected to the | | | |
| | | | question. | | | |
| 3 marks | 2 marks | | 1 marks | 0 mark | |
Analysis/Disc | Exceptional analysis | Good analysis or | | Moderate analysis | No personal | |
fusion | or thoughtful | discussion on the | | with some factual | reaction to the | |
1% | discussion expressed | topic expressed with | | substantiation based | subject matter | |
| well with | factual substantiation | | on article and course or | given. Lack of | |
| substantiation based | based on facts in | | other materials/ | analysis without | |
| on facts in article & | article and other | | sources, or discussion | factual | |
| other sources. | sources. | | the question posed but | substantiation or | |
| | | | with little exploration | no discussion | |
| | | | | | | | | | | | | question posed. | |
| 1 mark | 0.5 marks | | 0.25 marks | 0 mark | |
Grammar & | Excellent grammar, | A few errors in | | Shows a pattern of | Continuous errors | |
Mechanics | spelling, syntax and | grammar, spelling, | | errors in spelling, | | |
1% | punctuation. | syntax and | | grammar, syntax | | |
| | punctuation, but not | | and/or punctuation. | | |
| | many. | | Could also be a sign of | | |
| | | | lack of proof-reading. | | |
| | | | | | |
| 1 marks | 0.5 marks | | 0.25 mark | 0 mark | |
| | | | | | | | | | | | | | |
Total | | | | | | | | | | | | | | |
Question Three - Essay Grading Rubric below
| A | B | | | C | D/F | Mark |
Organization: | Well planned and | Good overall | | There is a sense of | No sense of | |
Overall | thought. | organization, | | organization, although | organization | |
1% | Exceptionally well | includes introduction, | | some of the | | |
| structured, includes | main body and | | organizational | | |
| introduction, main | conclusion. | | structures used are | | |
| body and the conclusion. | | | weak or missing | | |
| 1 mark | 0.5 marks | | 0.25 marks | 0 mark | |
| | | | | | | | | | | | | | |
Content – | Exceptional | Correct identification | | Presentation of the | Content is not | |
Law | identification of | of the relevant law, | | relevant law but not | sound | |
4% | relevant law, well | well-presented and | | particularly supported; | | |
| presented, supported | supported with | | some evidence, but | | |
| with evidence and | specific referencing | | usually of a | | |
| details, with specific | of legislative | | generalized nature. | | |
| referencing of | provisions and case | | | | | | | | | | | | |
| legislative provisions | the law as required. | | | | | | | | | | | | |
| and case law as | | | | | | | | | | | | | |
| required. | | | | | | | | | | | | | |
| 4 marks | 3 marks | | 2 marks | 0 mark | |
Research & | Sources are | Sources are well | | Sources support some | The paper does | |
Citation | exceptionally | integrated and | | claims made in the | not use adequate | |
3% | well-integrated and | support the paper’s | | paper, but might not be | research or if it | |
| they support claims | . There may be | | integrated well within | does, the sources | |
| argued in the paper | occasional errors, but | | the paper’s argument. | are not integrated | |
| very effectively. | the sources and | | Law and facts are | | | | | | well. They are not | |
| Conforms APA | conforms APA | | mostly read verbatim | | | | cited correctly nor | |
| referencing. | referencing. | | from article or source | | | listed correctly. | |
| | | | and not put into the | | | | |
| | | | presenters own words | | | |
| | | | or adequately | | | | |
| | | | connected to the | | | |
| | | | question. | | | |
| 3 marks | 2 marks | | 1 marks | 0 mark | |
Analysis/Disc | Exceptional analysis | Good analysis or | | Moderate analysis | No personal | |
Russian | or thoughtful | discussion on the | | with some factual | reaction to the | |
1% | discussion expressed | topic expressed with | | substantiation based | subject matter | |
| well with | factual substantiation | | on article and course or | given. Lack of | |
| substantiation based | based on facts in | | other materials/ | analysis without | |
| on facts in article & | article and other | | sources, or discussion | factual | |
| other sources. | sources. | | the question posed but | substantiation or | |
| | | | with little exploration | no discussion | |
| | | | | | | | | | | | | the question posed. | |
| 1 mark | 0.5 marks | | 0.25 marks | 0 mark | |
Grammar & | Excellent grammar, | A few errors in | | Shows a pattern of | Continuous errors | |
Mechanics | spelling, syntax and | grammar, spelling, | | errors in spelling, | | |
1% | punctuation. | syntax and | | grammar, syntax | | |
| | punctuation, but not | | and/or punctuation. | | |
| | many. | | Could also be a sign of | | |
| | | | lack of proof-reading. | | |
| | | | | | |
| 1 marks | 0.5 marks | | 0.25 mark | 0 mark | |
| | | | | | | | | | | | | | |
Total | | | | | | | | | | | | | | |
Assignment One Semester Two 2016 | Marking Schedule |
| | | | | | | | | |
Question | | Marking Schedule | | | Marks & Comments |
Q1 | | Marks awarded out of 10 (see rubric) | | | |
| | | | | | | | | /10 |
| | | | | | | | | |
Q2(1) | | Marks awarded for identifying purpose (1 mark) and | | | /2 |
| | | section (1 mark) | | | |
| | | | | | | | |
Q2(2) | | Marks awarded out of 2 for identifying the introduction of | |
| | | the Bill (1 mark) and when Royal Assent was obtained (1 | /2 |
| | | mark) | | |
| | | | | |
| | | | | | | | | |
Q2(3) | | Marks awarded out of 2 for identifying/suggesting the | | | |
| | | resources and guidance on Contract and Commercial | | | /2 |
| | | Law Act 2017 | | |
| | | | | |
| | | | | | | | | |
Q2(4) | | Marks awarded out of 4 for identifying the relevant | | | |
| | | legislation (1 mark for each correct legislation identified). | /4 |
| | | | | | | | |
| | | | | | | | | |
Q3 | | Marks awarded out of 10 (see rubric) | | | |
| | | | | | | | | /10 |
| | | | | | | | |
Q4 | | ILAC Question – Negligence | | | | |
| | | Issue: Correct statements of the Issue (2 marks) | | | |
| | | Law: Correct principles of law clearly set out and explained | |
| | | well, with reference to relevant case law and/or legislation | |
| | | (4 marks) | | | |
| | | Application: Principles of law systematically applied to the | |
| | | fact situation. Good explanation of application in clear and | |
| | | simple language (4 marks) | | | |
| | | Conclusion : Correct statement of conclusion (2 marks) | /12 |
| | | |
| | | | | |
Q5(1) | | Short Answer Questions - Intention to Create Legal | |
| | | Relations | | | |
| | | | | | |
| | | Marks awarded out of 4 for the clear, concise explanation of | |
| | | the law and citing relevant cases (2 marks) and | its | /4 |
| | | application to the situation (2 marks) | | |
| | | | | |
| | | | | | | | |
Q5(2) | | Marks awarded out of 4 for the clear, concise explanation of | |
| | | the law and citing relevant cases (2 marks) and | its | /4 |
| | | application to the situation (2 marks) | | | |
| | | | | | | | | |
General Comments | | | |
| | | | | | | | | /50 |
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ITECH1103 | Big Data and Analytics Group Assignment | Information Technology