Assessment 3: Case study – problem-solving exercise
Format
Problem scenario, students are required to identify the relevant issues, state the applicable principles of
law, supported by authority, and apply the law to the given facts to arrive at a conclusion.
Worth
10% of the final mark
Assignment Submission
Submission is on-line via Stream in either PDF or MS Word format.
Due
• Monday24th August 10 am
Scenario
Galmod is a lecturer in business law at the Edoras University. During a lecture on the need for form in
contracts Galmod says “There is no need for any contract to be in writing for it to be enforceable in
New Zealand law”. Grima, a student in the class, asks whether this applies to contracts of guarantee
and Galmod replies that it does. This not correct. Grima is a part time student who runs his own
business. In reliance on Galmod’s statement, Grima accepts an oral guarantee of payment from the
mother of one of his customers. The customer fails to pay the debt and Grima discovers that the
mother’s guarantee is unenforceable since it is not in writing as required under s27 Property Law Act
2007. As a result of this Grima has lost $10,000.
Required:
Advise Grima whether he could succeed in an action in tort against:
(a) Galmod
(b) The Edoras University.
Reading
The textbook: Chapter 11
Lecture Notes Week 4
115.211 Course Guide 15
Assessment 4: Case study – problem solving exercise
Format
• Problem scenario, students are required to identify the relevant issues, state the applicable
principles of law, supported by authority, and apply the law to the given facts to arrive at a
conclusion.
Worth
15% of the final mark
Assignment Submission
Submission is on-line via Stream in either PDF or MS Word format.
Due
• Monday 21st September 10 am
Scenario
The SuperFood Supermarket is promoting a new range of sparkling wine. As part of the promotion it has
on display in the wine section the following notice.
Jo takes two bottles of Sparkglo from the shelf to the checkout where they are put through the bar code
reader. When Jo asks for the wine glasses the check-out operator says that the promotion is finished, as
the supermarket has no more glasses.
Required:
Using the principles of the law of contract formation, explain with reasons whether the Superfood
Supermarket is legally bound to supply the 6 champagne glasses.
Note: you are not required to discuss the application of the Fair Trading Act 1986 to these facts.
Reading
The textbook: Chapter 5
Lecture Notes: Week 5
Buy 2 bottles of Sparkglo
(The wine that glows in the glass)
For $15 each
And get
a set 6 champagne glasses FREE!
115.211 Course Guide 17
Assessment grid for Assessments 3 and 4
This indicates what we are looking for and how we assess the level at which it has been achieved. It is
not applied in a “mechanical” way.
Learning Outcome 0%-50% 50%-65% 70%-80% 80%-100%
1. Apply the legal
principles from
selected cases
to typical
businessrelated
problems.
Is unable to
correctly identify
the legal issues
raised by the fact
or accurately
state the relevant
legal principles
Correctly
identifies most of
the legal issues
raised and
accurately
explains the
relevant legal
principles for the
issues correctly
identified
Correctly
identifies all the
relevant issues
and correctly
explains the
applicable law in
each case
Demonstrates
facility, maturity
and originality in
identifying the
relevant issues
and in explaining
the relevant law.
2. Identify how to
apply basic
principles of
the law of
Contract, Tort,
Consumer
protection and
a selected
area of
substantive
law to simple
problems
which might
confront a
business in
New Zealand.
Is unable to locate
the relevant
sources of law or,
if able to locate
the sources, does
not demonstrate
sufficient
understanding
thereof or to use
them
appropriately to
support their
argument or
hypothesis
Identifies relevant
legislative
provisions and
case law
interpreting the
legislation and
demonstrates
adequate
understanding
thereof. Supports
their argument
with appropriate
legal authorities
Is able to locate
related legislative
provisions and
precedents and
to accurately
analyse them in
relation to the
argument put
forward.
Demonstrates a
facility in handling
law materials in
the problem
solving process
Demonstrates
skills in locating
legal material of
an advanced
standard and
originality in the
research process
Is able to put
forward
hypotheses that
possess
originality and
elegance and
demonstrate a
maturity of
thought in the use
of the materials
in support of their
arguments.