{"id":1032,"date":"2016-06-24T18:47:08","date_gmt":"2016-06-24T08:47:08","guid":{"rendered":"http:\/\/casestudyhelp.com\/sample-questions\/?p=1032"},"modified":"2018-01-23T18:57:43","modified_gmt":"2018-01-23T07:57:43","slug":"law-help-960-legal-studies-for-professionals-research-essay-trimester","status":"publish","type":"post","link":"https:\/\/casestudyhelp.com\/sample-questions\/law-help-960-legal-studies-for-professionals-research-essay-trimester\/","title":{"rendered":"LAW Help 960 Legal Studies for Professionals Research Essay Trimester"},"content":{"rendered":"

QUESTION<\/span><\/strong><\/p>\n

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\u201c\u2026The principles of equity have sought to repair injustice from gaps left in the common law of contract, however, they confer an excessive discretion upon the Court that undermines the clarity and certainty that the common law rules of contract themselves otherwise provide\u2026\u201d<\/em><\/strong><\/p>\n

Critically Analyse the above statement by way of reference to the following two cases:<\/p>\n

–\u00a0\u00a0\u00a0\u00a0 Waltons Stores Interstate Ltd v Maher <\/em>(1998) 164 CLR 387 (Promissory\u00a0Estoppel) and<\/p>\n

–\u00a0\u00a0\u00a0\u00a0 Commercial Bank v Amadio <\/em>(1983) 151 CLR 447 (Unconscionable conduct)<\/p>\n

In your answer, with respect to each of the above cases\/areas of law, you should also refer to at least one recent case in each area of law that applies these case authorities to support your point of view.<\/p>\n

E<\/strong>xpecte<\/strong>d Structure and Mark Allocations of Your Essay:<\/strong><\/p>\n

 <\/p>\n\n\n\n\n\n\n\n\n\n\n
Item<\/td>\nProposed Indicative Marks Weighting<\/td>\n<\/tr>\n
1. Introduction<\/strong><\/td>\n3<\/td>\n<\/tr>\n
2. Critical analysis<\/strong><\/td>\n<\/td>\n<\/tr>\n
Case Analysis and statement of principles<\/td>\n8<\/td>\n<\/tr>\n
How Equity confers discretion on the Court in the two areas<\/td>\n8<\/td>\n<\/tr>\n
Whether Discretion conferred by Equity Undermines Clarity& Certainty in the law<\/td>\n10<\/td>\n<\/tr>\n
3. Conclusion<\/strong><\/td>\n2<\/td>\n<\/tr>\n
R<\/strong>eferencin<\/strong>g <\/strong>AGLC \u00a0Method<\/td>\n4<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

 <\/p>\n

\"Law<\/a><\/center><\/p>\n

Y<\/strong>o<\/strong>u should use the above three points (1- 3) as headings in your essay. Notes for assignment:<\/strong><\/p>\n

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  1. 1. This paper will take you some time to complete. There should be a research phase, brief reading phase and reading\/writing phase.<\/li>\n
  2. 2. To obtain at least 50% for this paper – it is expected that you will directly refer to\u00a0the two High Court cases in your paper, with a further two other Australian contract law cases to support your analysis.<\/li>\n<\/ol>\n
      \n
    1. 3. It is expected that as a minimum you use five secondary sources <\/strong>(with at least\u00a0thre<\/strong>e <\/strong>being journal articles<\/strong>).<\/li>\n<\/ol>\n
        \n
      1. 4. Be careful of overly relying on internet sources. Do not use Wikipedia as a\u00a0reference in your paper !<\/li>\n<\/ol>\n
          \n
        1. 5. Use the law databases to locate commentaries that may help you to form your views and to express them.<\/li>\n<\/ol>\n

          Submission:<\/span><\/strong><\/p>\n

          For UOW Campus students – assignments must be submitted in hard copy at LHA Central 19.1050 in Building 19 Room 1050 by 3.00 pm <\/strong>on MONDAY 4 JULY\u00a0<\/strong>2016<\/strong>.<\/p>\n

          For Sydney Business School Students<\/span> <\/strong>– assignments must be returned by 3pm, 5<\/p>\n

          July 2016 at the Administration Counter on Level 8, or as instructed by Staff at the\u00a0Sydney Business School.<\/p>\n

          \n

          Work is not to be placed under the door of any academic\u2019s office. Students submitting assignments after the due date, whether or not they have been granted an extension, must still place their assignments in the abovementioned room.<\/p>\n

          Assignments should be attached to a School of Law coversheet<\/strong>, copies are provided at the back of this Assignment Topic, and outside the School of Law administration office. Sydney Business School students should follow normal procedures at the campus.<\/p>\n

          You are also be required to submit to \u2018turnitin.com\u2019 , and failing this \u2013 you will not receive a grade until it is appropriately submitted.<\/strong><\/p>\n

          Please note that Academic Misconduct has serious consequences ! Word Length:<\/span><\/strong><\/p>\n

          6 pages (including footnotes, but not including bibliography\/reference list). The bibliography may be an additional (7th) page.<\/p>\n

          ANY PAGES BEYOND THE 6<\/strong>T<\/strong>H <\/strong>PAGE WILL NOT BE READ OR MARKED ! NO EXCEPTIONS !!!!<\/strong><\/p>\n

          Format of Work:<\/strong><\/p>\n

          The front page must consist of a completed School of Law Assessment Task cover sheet.<\/p>\n