Purpose: This will assess students’ ability to apply in depth the concepts learned in Weeks 1 to 7 to a real-world problem.

Overall Description: Students will be presented with a real-word hypothetical scenario and will need to submit a written assessment in response to the legal questions posed in relation to contract law and/or negligence. In this assessment, students will apply legal problem-solving techniques learnt during tutorials. This assessment will develop the following capabilities. First, to develop students’ analytical capabilities to analyse a real-word-problem scenario to identify certain legal problems that the scenario presents. Second, to develop students’ research capabilities to identify and locate relevant legal rules. Third, to develop students analytical and practical capabilities to apply those rules to the fact scenario to arrive at conclusions that are correct in law. Fourth, students will learn to present their findings in a professional format using language that is plain and precise.

In summary, the purpose of this assessment is to develop your capability to write a formal report to a client about a specific legal problem, which is a key skill in the contemporary work place. This will require you to use the IRAC methodology to logically identify the following information to the client:

all the legal issues that the client’s problem raises
all the relevant legal rules
an application of the rules to the facts of the problem
a conclusion that is correct in law and based on the forgoing analysis
Once a client is in possession of correct legal advice, they are able to make a decision in relation to their problem.

Assessment Details

Students will be given a factual scenario to analyse. Students should then review the learning materials in order to identify the legal issues, or problems, that the scenario raises. These are issues of law, not fact. It is helpful to ask yourself whether these issues can be framed as ‘whether’ questions. There may be a number of issues, so list the most important ones first, followed by lesser sub-issues. If you do not identify all the relevant issues at this stage, you will lose marks at the analysis stage. Your analysis should apply the legal rules to the facts. This is an important stage, as it is an opportunity to demonstrate to the client how the legal rules relate to their particular situation – this is what the client wants to know, not a description of the law in general. The client also wants to know a short summary (conclusion) that is the result of the analysis.

Topics Covered: This is an individual assessment where students must demonstrate independent and critical thought on Topics 1 to 7. The emphasis is on Topics 3 to 7, as Topic 1 and 2 are foundation topics.
Guidance Provided: Solving problems using IRAC will be covered in tutorials.

Word limit: 1000 to 1500 words. Please note that markers will stop reading after the limit of 1500 is surpassed.

The setting of word limits is important in academic and professional writing, as it both sets the expectation (in terms of the amount of detail required in a piece of writing) and tests the author’s ability to write completely and succinctly. Work that is well below the word count implies you may not have answered the question in sufficient depth, whereas work that is well over implies a lack of discipline in the expression of what is relevant. For this reason, assessors are not required to read material in excess of the 1500 word limit.

The bibliography, headings, footnotes and citations are not included in the word count.
Submission: Online through Canvas and Turnitin

Marking criteria: Information and a rubric will be provided on Canvas.

Linked Course Learning Outcomes
Identify, interpret and apply rules and issues relating to the law.
Identify, interpret and apply basic legal concepts in negligence, contract law and the Australian Consumer Law.
Analyse legal problems with an appreciation of the multiple issues impacting on business and non-business legal issues.
Examine and apply legislation and case law relating to business.