Carlill v Carbolic Smoke Ball Company
Business Capstone – Organizaitonal Profile Assignment
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September 17, 2020Carlill v Carbolic Smoke Ball Company
| Subject Title | Basic Business Law | |
| Subject Code | LAW 200 Basic Business Law | |
| Lecturer / Tutor | | |
| Trimester | 3 | |
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| Assessment Title | Assessment Task: Case Study | |
| Learning Outcome/s | 1. Critically examines the main features of the Australian legal system as it applies to the operation of a business.
2. Analyse central elements of relevant national legal systems, and how they developed in relation to operating within a business environment. 3. Assess the impact of the current legal system on the hospitality, tourism, events, property, retail, sport and business sectors. |
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| Assessment type (group or individual) | Individual | |
| Weighting | 20% | |
| Word count | Maximum of 1,000 words | |
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| Due date | Week 5 Monday 10 October 2016, 11.55 pm | |
| Class submission | Lecture ? Tutorial ? | |
| Submission type | Paper copy ? Turnitin ? | |
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| Format / Layout of Assessment
(details of what to include) (cross the appropriate check boxes) |
ICMS Cover sheet Answers to questions numbered as per assessment instructions. |
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| Assessment instructions
(clear, succinct, without repetition) |
Read the case and answer the following questions. Your answer should be clear and succinct on all of the questions. Your answer must be submitted in Turnitin and this copy with the similarity report printed for submission in class on Monday 10 October 2016. A second printed copy which has not been submitted to Turnitin is also to be submitted on Monday 10 October 2016. This copy will be the copy used for marking.
Note carefully the requirements of the ICMS Student Handbook with respect to plagiarism which will be strictly applied . The suggested word limits below are set out to advise you on the approximate length required for these answers. However, you must confine yourself in your response to a maximum length of 1,000 words to this task. You will be penalised for going over length since the task is designed partly to ensure precision in the use of legal language. 1. Summarise the facts of the case Carlill v Carbolic Smokeball Company [1893] 1 QB 256 (200 words) 2. Summarise the arguments of the plaintiff. (100 words) 3. Summarise the arguments of the defendant. (100 words) 4. What is the ratio decidendi of the case? (50 words). Some work will be done on this in the lecture or tutorial before the task is due. 5. Briefly comment on the decision of the court. Explain why you do or do not agree with the decision of the court. In doing so you should explain why the opposing view should not be supported. When you refer to any source or sources in support of your answer you must reference the source in accordance with ICMS Style Guide. (500 words excluding any references) Late tasks will be subject to a penalty of 5% per day with a mark of zero recorded if it is seven or more days late. |
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| Readings for the assessment
(instructions where they can be found e.g. MyAthens database, Moodle etc.) |
The full decision in this case can be found at:
http://www.thomsonreuters.com.au/product/AU/files/720502512/carlill_v_carbolic_smoke_ball_company.pdf |
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| Grading Criteria / Rubric |
See attached sheet |
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