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Business Law 100 Examination Handout Semester 1 2014

FINAL EXAMINATION HANDOUT
BUSINESS LAW 100
SEMESTER 1 2014

This instruction sheet contains the following:
Copies of the examination cover page and the answer sheet for Part B. This
has been provided to assist students understand how to fill out their answer sheet;
Authorities you will be expected to know for the final examination;
The marking rubric and explanation of the allocation of marks for the four step
process question (Part A).


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Business Law 100 Examination Handout Semester 1 2014






NB Must fill out ID and name on cover of the examination question paper as
well as answer sheet.
3 hours

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Business Law 100 Examination Handout Semester 1 2014





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Business Law 100 Examination Handout Semester 1 2014

Instructions summarised:

Final Exam 50%
This is a closed book examination.
No books, notes, or other materials are permitted in this exam.
Students must have their Curtin student card to sit the exam.
You have 10 minutes reading time and 3 hours to complete the exam.
There are three parts to this exam:
o Part A- 1 x four step process question (worth 15 marks);
o Part B- applied case study 40 multiple choice questions (worth 20
marks); and
o Part C 3 x short answer questions from a choice of four (worth 15
marks).
You must answer all three parts.
Part A of the exam requires students to resolve the question using the four step
process.
Part B of the exam requires students to solve the Part B case study by applying
their knowledge of the legal principles and rules arising and selecting the best
answer in a multiple choice format. There are a series of 40 questions drawn
from the case study (half a mark per question).
Part C of the exam requires students to provide answers to three short answer
questions (5 marks each). Students must choose 3 from the 4 options.
Students must fill out their details on both the cover page of the examination
question paper and on the Part B answer sheet as shown above.

PLACE THE EXAMINATION QUESTION PAPER INSIDE YOUR ANSWER
BOOKLET. YOUR PAPER WILL NOT BE MARKED IF THE QUESTIONS ARE
NOT RETURNED.






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Business Law 100 Examination Handout Semester 1 2014

Required authorities for final examination
Semester 1 2014

Students ARE required to know all of the rules of law for each
examinable topic as taught in the relevant seminars. The
information taught in the relevant seminars will form the basis
of what we expect to be contained in your exam answers. The
specified readings in the textbook and the E-tutorials for the
examinable topics supplement this learning and will assist in
preparing students for the exam. Students are advised to refer
to what was covered in the Revision lecture for further detail on
how to focus their study.
This document is intended to provide guidance in relation to the
authorities (cases and legislative provisions) students are
expected to be able to cite as authority for particular rules of
law (i.e. to indicate where the rule applied comes from or what
is its source).



Required cases for final examination
You are not required to provide full citations of cases in the examination. Case
names are sufficient. Further, you will not be penalised for not remembering case
names in an exam. It is sufficient that you identify the case you are referring to by an
obvious abbreviation (e.g. the pregnant cow case) or summary of the facts.
However, sometimes this takes more time in the exam than writing out a case name
would and on occasion, a students description of the facts of a case can be so
confused that the marker is unable to tell which case the student is referring to. It is
recommended that students attempt to remember case names.
You will need to briefly describe the facts of the case (maybe more detail is required
if the case you are referring to is very similar to your question), the outcome and
MOST importantly the principle or rule to come out of the case (the ratio).


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Business Law 100 Examination Handout Semester 1 2014

Topic 6 Performance and breach of contract


Cases required for the final examination
Hide & Skin Trading Pty Ltd v Oceanic Meat Traders Ltd (1990) 20 NSWLR 310
Australian Broadcasting Commission v Australasian Performing Right Association
Ltd (1973) 129 CLR 99
Maritime National Fish Ltd v Ocean Trawlers [1935] AC 524
Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337
Associate Newspapers v Bancks (1951) 83 CLR 322
Bettini v Gye (1876) 1 QBD 183
Varley v Whipp [1900] 1 QB 513
Hoenig v Isaacs [1952] 2 All ER 176
Steele v Tardiani (1946) 72 CLR 386
Holland v Wiltshire (1954) 90 CLR 409
Mahoney v Lindsey (1980) 33 ALR 601

Topic 7 Remedies for breach of contract


Cases required for the final examination
McDonald v Denny Lascelles (1933) 48 CLR 457
Associated Newspapers Ltd v Bancks (1951) 83 CLR 322
Holland v Wiltshire (1954) 90 CLR 409
Radford v de Froberville [1978] 1 All ER 33
Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8
Hadley v Baxendale (1854) 2 CLR 517; 9 Exch 341
Victoria Laundry (Windsor) Ltd v Newman Industries Ltd [1949] 2 KB 528
Baltic Shipping Co v Dillon [1993] HCA 4; (1993) 176 CLR 344
Burns v Man Automotive (Aust) Pty Ltd (1986) 161 CLR 653
Lumley v Wagner (1852) 42 ER 687
Dougan v Ley & Another (1946) 71 CLR 142
Buckenara v Hawthorn Football Club Ltd [1988] VR 39
Codelfa Construction v State Rail Authority of NSW (1982) 149 CLR 337


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Business Law 100 Examination Handout Semester 1 2014

Topic 9 Liability in tort law: Negligence


Cases required for the final examination
Rogers v Whitaker (1992) 175 CLR 479
Perre v Apand Pty Ltd [1999] HCA 36
Donoghue v Stevenson [1932] AC 562
Shaddock & Associates Pty Ltd v Parramatta City Council (No 1) (1981) 150 CLR
225
Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431
Adeels Palace Pty Ltd v Moubarak (2009) 239 CLR 420
Overseas Tankship (UK) Ltd v Miller Steamship Co Pty Ltd (The Wagon Mound No
2) [1966] 1 NSWR 411

NOTE: As it concerns the Civil Liability Act 2002 (WA), you will NOT have to make
reference to any specific provisions of that legislation, but you may be required to
apply the lecture content concerning this legislation to answer some multiple choice
questions.

Topic 10 Business Organisations


Cases required for the final examination
Canny Gabriel Castle Jackson Advertising Pty Ltd v Volume Sales (Finance) Pty Ltd
(1974)
Turnbull v Ah Mouy (1871)
Salomon v Salomon & Co [1897]
Lee v Lees Air Farming Ltd [1961]
AWA Ltd v Daniels (t/as Deloitte Haskins & Sells) (1992)
Australian Securities and Investments Commission v Adler (2002)

NOTE: For the exam, you will NOT be required to discuss the specific provisions of
the Partnership Act 1895 (WA), Trustees Act 1962 (WA) or the Corporations Act
2001 (Cth), although you will have to understand their role in regulating the business
structure to which they relate.



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Business Law 100 Examination Handout Semester 1 2014

The Marking Rubric for Part A the four step process
STEP ONE No marks specifically allocated
STEP TWO 8 marks
STEP THREE 6 marks
STEP FOUR No marks specifically allocated
OVERALL USE OF THE FOUR STEP PROCESS AND
STRUCTURE OF ANSWER
1 mark available

In relation to the mark allocated for the overall use of the 4 step process and structure of the answer,
regard will be had to not just whether the answer is set out in the 4 steps. Consideration will be
given to the clarity of the explanation of the law with regard to applicable authority where relevant.
Students will be rewarded here for a detailed application of the facts to the law explained. For
example, a very good use of the 4 step process would be the application of the facts to every principle
of law explained.
Consideration will also be given to the logical presentation, coherency and consistency of the
explanation of the law, application of facts and subsequent conclusion.
As a general guide, a student who has used the 4 step process correctly for the question (Has
identified the legal issue, explained the rules relevant to that issue with reference to authority (cases
and/ or legislation), applied the relevant law to the facts and come to a logical conclusion), but the
explanation of the law or application to the facts is not as detailed as it could be, or the conclusion is
not a logical progression of what has gone before would be awarded a half mark rather than a full
mark.
Part A of the final examination (15 marks) requires you to use the four step process which is
discussed below. Be aware that whilst this is the preferred method for answering legal problems, the
technique has application in other disciplines. Following, you will find an outline of the four-step
approach to resolving case studies.







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Business Law 100 Examination Handout Semester 1 2014

Resolving legal case studies Four Step Process
Sometimes it is useful to use headings at the beginning of each step.
Step 1


Identify the legal issue
Usually this is easily worked out from the question itself. The legal issue will always be
concerned with a topic that has been discussed in the unit.
Only a sentence is required for this step. For example, The legal issue is whether both parties
have demonstrated a clear intention to be legally bound in the formation of a valid contract.
Step 2


Explain the rule(s) of law.
Explain the rules of law relevant to that issue with reference to authority (cases and/or
legislation). This is your best opportunity to obtain marks by showing that you know the legal
rules applicable to the legal issue. (The extent to which you will be required to provide detail in
an assignment is different to an examination and will of course depend upon the marks
allocated to that problem and the time you have available).
Important cases should be identified and a brief summary of the facts, the decision of the court,
and a statement of the important principle of law that the case makes should be provided.
Sometimes it is a section of an Act that you are relying on as authority for the principle of law
that you have identified and explained.
In step two you should explain the principles of law as if to someone who knows nothing about
the unit. In that way you will make sure that you explain at the level and in the detail that is
required.
Remember that if you are writing an examination/test you do not have to quote the citation of a
case. You do not even need to remember the names of the parties. It is quite acceptable to say
something in the smoke ball case. It is the facts, the decision and the principle (ratio) of the
case that are important.
DONT mention any of the FACTS of the case study/problem question at this stage. Step 2
is the place to logically explain all the law relevant to the problem.
Step 3


Apply the law to the facts of the question in a detailed and logical manner, to EVERY rule of
law explained in step two. Consider each aspect or element of legal criteria discussed in Step 2
and decide whether it is satisfied in the scenario that you are considering.
For example, you would say something like Fred made Mary an offer of because It is
always necessary to explain which of the facts of the question indicate that the element of the
action has been satisfied.
Remember if you have taken the time to explain the rule of law then you should apply the facts
specifically to that rule.
Step 4


Draw possible conclusions. Please note that many problems do not have a definitive yes or
no answer until the matter has been decided by a court of law. It is best to state your
conclusions in language that reflects this reality. Use statements like it is likely here.
Your conclusion can usually be put in one or two sentences. A long discussion is not
necessary. Your conclusion is just a summary of what you have considered in Step 3.