Business Law Research Assignment-
Task: Research Assignment (Essay)
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
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.
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.
https://www.austlii.edu.au/au/legis/cth/consol_act/eta1999256/ - Electronic Transactions Act 1999 (Cth)
https://www.austlii.edu.au/au/legis/vic/consol_act/eta2000345/ - Electronic Transactions (Victoria) Act 2000 (Vic)
https://www.ag.gov.au/RightsAndProtections/ECommerce/Pages/default.aspx
https://www.findlaw.com.au/articles/5777/electronic-signatures-and-their-legal-validity-in-.aspxhttps://austlii.edu.au/~alan/electronic-signatures.html
https://www.sclqld.org.au/caselaw/QSC/2015/119 - Stellard Pty Ltd & Anor v North Queensland Fuel Pty Ltd [2015] QSC 119
https://www.hunthunt.com.au/news-and-publications/insurance/sale-of-land-email-exchange.
2500 words
15 references.