Business Law Individual Essay Assignment

Course Learning Outcomes addressed:

1. To demonstrate knowledge of broad business principles with depth of understanding of at least one business discipline

2. To develop effective oral and written communication skills

3. To develop the skills to demonstrate a broad understanding of business principles and demonstrate depth in at least one discipline

4. To develop the skills to allow the acquisition and synthesising of information within a complex professional setting

5. To develop and apply skills in critical thinking, complex problem solving and decision making

6. To develop and apply knowledge of the social, economic, ethical and cultural contexts of business

7. To develop and apply an understanding of independent as well as group learning

Unit Learning Outcomes addressed:

1. Demonstrate a working knowledge and understanding of the principles of Australian Business Law within the context of the prescribed readings..

1. Identify and analyse relevant facts, problems and legal issues from a given scenario and develop an argument in response, discussing available options in the context of business law. Interpret business law legislation and cases and complete questions based on that legislation and relevant case law in class..

2. Communicate both orally and in writing to demonstrate the possession of the above skills.

3. Appreciate the role of compliance and the requirement that organisations and individuals must follow the laws that apply to their industry areas

4. Understand and apply the law related to establishing, managing and controlling enterprises.

5. Identify current topical issues in the Business law environment and apply the above learnings to those issues.

ASSESSMENT DESCRIPTION:

This essay will be designed to test the student's research skills and deal with a practical real life scenario in a corporate law context. The student will need to be aware of and have a good knowledge of the corporate regulatory environment.

The Question

Unconscionability and how it may mean a contract cannot be enforced.

Unconscionability can mean many things and may arise from a number of circumstances. In your essay you are to explain and comment on the following as a result of your reading:

The concept of unconscionability and why it may mean that a contract is not enforceable.

What are the leading cases on this? Why do we have such principles in our commercial world?

What are the characteristics of an unequal bargain that must or might be demonstrated to indicate unconscionability? Refer to appropriate cases.

Is there any legislation which similarly supports the principle that a contract may be so unfair that it is unenforceable?

What has been the effect on Banks and some larger institutions regarding the courts reluctance to enforce agreements that appear to be unfair or unequal?

From your reading is there any interesting commentary on unfair agreements and the attitude of courts when deciding on the enforceability of a contract?

What is the role of consumer advocate groups regarding unfair agreements, eg the Financial and Consumer Rights Council (FCRC) - Victoria? Did your research reveal any similar bodies or advocacy groups? Have there been any particular issues within Australia that you would characterise as unconscionable behaviour by vendors, companies or any other institutions?