Assessment
3: Research Assignment (30%)
Overview of the task
Task: Research Assignment (Essay)
Length: 2,000 (minimum) - 2,500 Words (not including
footnotes and bibliography)
Due Date: Week 9 of the semester. Please refer
to closing date and time specified in Assignment Dropbox.
Details of the task
The research
assignment is to be completed individually and requires students
to undertake their own research of academic materials outside of those
prescribed or provided in the unit as a basis for their completed assignment
(e.g., legal journal articles, case summaries, other texts).
Students
must read and follow all instructions carefully and familiarise themselves
with the VU Academic Integrity and Plagiarism policies.
The
assignment should be written in the style of an essay. All assertions
should be supported with appropriate references to Australian law (cases)
and relevant articles/journals. Students should be wary of using internet
sources that are not of acceptable academic standard.
Footnotes
and bibliography (Australian Guide to Legal Citation format) are required.
Other referencing styles (e.g., Harvard style) are not to be used for this
assignment.
Preparation
The essay topic may not be fully covered in lectures and tutorials prior
to the due date.
Students are nonetheless expected to review the topic (i.e.,
lecture slides and relevant chapters of prescribed text) as well as to conduct
more in-depth research into the topic using a variety of reputable academic
resources.
It is
recommended that begin researching the assignment as early as possible. A
marking rubric for this task will be made available in the Assessments
module of this space.
Assessment Criteria and Submission
Assignment
preparation workshops are normally conducted approximately 2 weeks prior
to the due date and college librarians are also available to assist students
with research and writing.
All essays
are to be submitted electronically via the Assessment Dropbox provided.
Assignments will be submitted via Turnitin, where originality
reports will be generated can be viewed. Students should endeavour to achieve
less than 30% similarity. Students may submit multiple drafts until the due
date.
Individual
tutors may also request hard copies be submitted. Where a hard copy is
submitted, students must also attach a completed and signed College of Law and
Justice assignment declaration form.
Assignment Topic
Topic: Contracts
created by electronic means
Purpose: to study
and understand the creation of contracts made by electronic means.
In
your essay you are to address the following issues:
·
Make a comparison to the formation of a
contract by electronic means to that of contract made by other means
·
Explain whether ‘offers’ and displays on the
internet are actual offers
·
Explain how offer and acceptance may take place
between the parties
·
Explain whether a party can withdraw a mistaken
offer
·
Refer to appropriate legislation and case law
in your explanation
·
Whether there is any regulation or legal
assistance available to parties in a dispute
·
Make appropriate observations on whether there
are any existing problems or issues regarding the creation of contracts by
electronic means.
Readings
Below is a list of relevant readings. Students should refer to relevant
parts of these in their essays, but are expected to conduct additional research
into the topic outside of the materials provided, in particular referencing
additional cases.
http://www.austlii.edu.au/au/legis/cth/consol_act/eta1999256/ - Electronic Transactions Act 1999 (Cth)
http://www.austlii.edu.au/au/legis/vic/consol_act/eta2000345/
-
Electronic Transactions (Victoria) Act 2000 (Vic)
http://www.findlaw.com.au/articles/5777/electronic-signatures-and-their-legal-validity-in-.aspxhttp://austlii.edu.au/~alan/electronic-signatures.html
http://www.sclqld.org.au/caselaw/QSC/2015/119
- Stellard Pty Ltd & Anor v North
Queensland Fuel Pty Ltd [2015]
QSC 119
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