ADELAIDE LAW SCHOOL
COMPANY AND BUSINESS LAW 2503 AND 2503MELB
Business Law Assignment – Company and Business Law Sem 2 2025
Worth 30% of total grade
Please read THE INSTRUCTIONS carefully:
1.DUE DATE:
Friday 26 September at 2:00 pm (2.00pm Friday of the first week of the mid-semester break)
5% of the total mark possible will be deducted for every 24 hours or part thereof that submission is late, including each day on a weekend. For example, an assignment that is submitted after the due date and time but within the first 24-hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An assignment that is more than 24 hours late will lose 10%, etc.
If you need an extension of time you need to apply as soon as possible on the online form
2.YOU MUST ANSWER BOTH QUESTIONS 1 (50 MARKS) AND 2 (50 MARKS).
3.Your answer must not exceed 2500 words in total for Questions 1 and 2 combined. You have a 10 % leeway (total word count can therefore be up to 2750) before a penalty of 5% for every 100 words over this maximum limit is imposed.
4.You must construct your answer to the Legal Problems using the IRAC method explained in lectures and seminars. Essay style for legal problems is not acceptable. IRAC framework =
Issue: Phrase the issue as a question
Rules: List the legal rules/principles which apply in relation to each of the issues AND THE SOURCE – THE CASELAW
You are allowed to use the exact wording of the Rules from slides or lecture/seminar notes.
FOR BOTH QUESTIONS – DO NOT DISCUSS THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), THE AUSTRALIAN CONSUMER LAW, ANY ACT OF PARLIAMENT, STATUTE OR LEGISLATION RELATING TO EMPLOYMENT LAW OR ANY OTHER ACT OF PARLIAMENT, STATUTE OR LEGISLATION.
Application/Argument: Present arguments for both parties. Consider how each party would use the legal rules to make an argument. Then include an Evaluation of which party has the stronger argument and state why. This section of discussion is always worth the most marks.
Conclusion: Provide the answer to the question you formulated for your Issues section. Tell the examiner what the likely outcome will be.
5.When you refer to case law in the body of your answer, you do not have to give the full case citation. You can refer to the name of the case only. For example, Olley v Malborough Court NOT Olley v Malborough Court [1949] 1 All ER 127. The full case citation goes in the reference list or footnotes – see below No. 8 REFERENCING
6.You do not need to submit the assignment with a Cover Sheet as long as your student ID (IDs of all group members) is clearly marked on the assignment.
7.ACADEMIC INTEGRITY
When you submit through Turnitin, it is likely that you will receive quite a high originality score. This is probably because students will refer to very similar Rules in Questions 1 and 2 (Legal Problems). This is not regarded as plagiarism.
The University software will, however, pick up where students have copied each other’s work in the Application/Argument sections of Questions 1 and 2. Copying is not allowed and is plagiarism.
USE OF GENERATIVE ARTIFICIAL INTELLIGENCE (AI) IS NOT ALLOWED
The entire assessment must be completed without the use of AI. This level ensures that you rely solely on your knowledge, understanding, and skills.
AI must not be used at any point during the assessment, including for translation, editing, generating content or ideas.
8.REFERENCING
Students are welcome to utilise either the Harvard referencing system (with in-text citations and a reference list at the end of the assignment) or the legal citation system (with footnotes appearing throughout the assignment and with no reference list at the end). Regardless of which system is chosen, the critically important requirement is that all sources are correctly cited, and all material in your assignment that derives from an external source is appropriately quoted etc.
The words in the reference list or the footnotes do not count in the word count but must include only case names, references or citations. DO NOT WRITE ANY OF YOUR ANSWER IN THE REFERENCE LIST OR FOOTNOTES AS NO MARKS WILL BE GIVEN FOR THIS.
Students are reminded that they are bound by the University’s Academic Integrity Policy. You can access referencing support here:
https://www.adelaide.edu.au/library/referencing-support.
9.ASSESSMENT CRITERIA
Demonstrated ability to identify a legal issue arising from a set of facts;
Demonstrated ability to identify a relevant legal principle or rule and its source in the caselaw and to apply that relevant legal principle or rule relevant fact scenario of a business law problem;
Demonstrated ability to develop practical solutions to a business law problem and express tentative opinions as to the most suitable or likely remedies and outcomes;
Demonstrated ability to articulate a clear and logical answer to a business law problem;
Demonstrated ability to effectively structure an answer to a business law problem;
Demonstrated ability to adhere to appropriate citation and referencing protocols.
10.SUBMISSION AS GROUP OF 2-4 MEMBERS OR AS INDIVIDUAL
If you are submitting the Assignment as a Group of 2-4 members: Only ONE person from the Group submits via MyUni on behalf of the Group. All Group members will receive the same grade.
If you are submitting the Assignment as a Group of 1/an Individual: Submit the Assignment via MyUni.
INSTRUCTIONS FOR FORMING A GROUP WILL BE POSTED SHORTLY
QUESTION 1 FACT SCENARIO
Anthony is a junior football player and is very keen to get a job with an Australian Rules Football (AFL) team. On 1 September 2025 he sends a letter to three (3) different AFL teams at the same time. Each letter is identical and reads:
I want to play football for your AFL team. I have attached my CV (curriculum vitae) to this letter. What is the starting salary
Each of the 3 AFL teams receives the letter two days later on 3 September.
Collingwood sends a text to Anthony on the same day, 3 September asking:
What position do you play
Still on 3 September, Anthony sends a text back to Collingwood stating:
That’s great, I accept the position for $30,000 per year and I’ll play Full Forward!
There is no answer from Collingwood at this time.
The Adelaide Crows also send a letter on 4 September which Anthony receives the same day, stating:
You look like a great talent. We would pay you $50,000 per year as a starting salary with a bonus of $10,000 per year if the team qualifies for the finals series.
Carlton sends a letter on 5 September, stating:
Not interested!
Anthony sees the great money the Adelaide Crows have nominated and knows it will be more than Collingwood might pay. So Anthony writes back to the Adelaide Crows by letter on 4 September which is received by the Adelaide Crows on 5 September:
I accept the position for $50,000 per year with $10,000 bonus each year with ‘no strings attached’! I can start on 30 September and want to play Full Forward.
On 6 September, Collingwood replies to Anthony by ‘express post’ letter which is received by Anthony the same day:
We have a full forward. We accept your offer of $30,000 per year to play Full Back! We’ll give you 2 days to think about it.
Anthony does not respond to Collingwood as he knows he has 2 days to decide.
The competition is getting tight now. Also on 6 September, Anthony receives a response from the Adelaide Crows in a text sent the same day:
We confirm $50,000 per year and the $10,000 bonus for finals if you start 15 September
Anthony is very excited and rings the Adelaide Crows on his mobile phone on the same day and says he is excited to “accept the total of $60,000 as a flat rate and will start 15 September”. Anthony says “if he doesn’t hear from the Adelaide Crows by 8 September he will assume they have confirmed his acceptance”.
On 7 September, Collingwood sends another ‘express post’ letter to Anthony which is received the same day which says:
We’ve gone for another player and take back our acceptance.
Anthony is upset as he was keeping the Collingwood acceptance as his ‘backup contract’. He texts Collingwood the same day and says “I accept as the 2 days hasn’t finished yet”. Anthony hears nothing more from Collingwood.
On 15 September, Anthony physically attends the Adelaide Crows training ground with all his training clothes and boots and says “I didn’t hear anything so I’m ready to start!” The Coach of the Adelaide Crows says verbally to Anthony:
I’m sorry mate, I have given the job to Franc ‘the flying zucchini’. Good luck finding another position.
Anthony is furious as he believes the Adelaide Crows had not objected by 8 September.
QUESTION 1: Does Anthony have a legally binding contract of employment with Collingwood or the Adelaide Crows If so, how much is Anthony entitled to be paid each year
(50 Marks)
Note for Question 1:
DO NOT DISCUSS THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), THE AUSTRALIAN CONSUMER LAW, ANY ACT OF PARLIAMENT, STATUTE OR LEGISLATION RELATING TO EMPLOYMENT LAW OR ANY OTHER ACT OF PARLIAMENT, STATUTE OR LEGISLATION.
QUESTION 2 FACT SCENARIO
Meanwhile, Franc commences his new position with the Adelaide Crows with the terms of the contract stating his position as a “first year player” at a “starting salary of $50,000 per year” for working a “40-hour week”.
For the first 2 months of his new job, Franc does not play any ‘senior’ games and is only in the ‘reserves’ team. He must also perform the duties of ‘runner’ whereby he must carry messages from the Coach to the senior team players during the ‘senior’ games. The runner must also get all the senior team uniforms and boots ready for each senior game. And as he plays for the reserves team and is ‘runner’ for the senior team, he is working very long hours, over 60 hours per week. Despite the hours, he is only getting $25,000 per year as “he is not in the seniors”.
So Franc immediately complains to the Coach. But the coach explains that the ‘runner’ quit his job suddenly and Franc “is too small to play senior footy!”.
QUESTION CONTINUED ON NEXT PAGE
QUESTION 2: Can Franc terminate his contract of employment with the Adelaide Crows and claim damages (compensation) from the Adelaide Crows for the unpaid wages
(50 marks)
Notes for Question 2:
1. You can assume Franc has a legally binding contract of employment with the Adelaide Crows with the terms of the contract stating his position as a “first year player” at a “starting salary of $50,000 per year” for working a “40-hour week”.
2. DO NOT DISCUSS THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), THE AUSTRALIAN CONSUMER LAW, ANY ACT OF PARLIAMENT, STATUTE OR LEGISLATION RELATING TO EMPLOYMENT LAW OR ANY OTHER ACT OF PARLIAMENT, STATUTE OR LEGISLATION.