I declare that all material in this assignment is my own work except where there is clear acknowledgement or reference to the work of others. I am aware that my assignment may be submitted to plagiarism detection software, and might be retained on its database. I have read and complied with the University statement on Plagiarism and Academic Integrity on the University website at www.utas.edu.au/plagiarism. I will keep a copy of this assignment until the end of the semester.* Signed…Thi Thuy Chinh Vu………………………………. Dated …20/5/2020……………………………
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This is an introduction chapter to the unit Australian Legal System. Firstly, unit outline was introduced, it provides a template of the unit, learning outcomes and also assessment tasks that require to complete during studying period. After that, this week was going to provide an overview of Australian business and corporate law. Also, I have a general knowledge of PIRAC method to analyse a case or solve a problem in law. For the second part, this is a review of the Australia legal system. Thanks to this part, I understood about the basic concept of Australian law such as statutory law and case law. I also knew about the historical foundation of Australia law system and the Australia constitution. There is a big difference between Vietnamese Civil law and Australian Common law. Although, I got more knowledge of common law, I was still confused about its performance like statutory law and court-made law. Different with Vietnamese law, Australian Common law use mostly precedent which can replace statutory law at any time. Therefore, I would take more time to research and understand case studies and also law definitions when applying them into practice.
This lecture introduced about legal reasoning, PIRAC case studies and business structure. First part, I learnt about the ways how to find legislation and case laws. Regardless of using text-book, I can do legal research online through accessing library in UTAS website or other online sources. Secondly, I was guided to use PRIAC method to analyse case studies. This is very important part, I must clearly understand IBL-issue based learning and PRIAC when doing assessment task 2, also my final exam. Lastly, I studied about business structure such as sole trader and partnership. This part gave me more knowledge of rules and duties of partners. The interesting thing is oral contracts which might be legal and valid among parties while it rarely happens in Vietnam.
I had my first tutorial in this week. My tutor-Jenny is a very friendly and helpful person. She had assigned all students in a group of 5 or 6 members in order to case study each week. My group has 5 members who are all international students. We had a chat and introduced ourselves. Then, we started to discuss and divided the tasks for the assessment 2. We decided to have a meet before tutorial class every week. Everyone could share their ideas and deal with case studies together.
After studying the lecture last week, I realized that I need to spend time reading slides and text book in order to understand the content each week. This week was about contract law, intention and offer and acceptance. Firstly, it showed the definition of contract and how to form a contract. As previous week, I was also concerned about a simple contract. While I could understand the meaning of a formal contract which is a normal written agreement, unformal contract might be implied in action or behaviour. This is my first time I heard about such kind of agreement. Also, when the contract formalities are not completed, enforceability still may be allowed by the law of equity. This is a new term for me and I reckoned that I should do more research about this after the lecture.
Next part is offer and acceptance in the contract. It was more likely to understand the term of offer and acceptance. Because, these are almost based on case studies explaining how offer and acceptance were formed. I remembered an example of vending machine which is an invitation to treat and made a contract with a customer using it. This is an interesting part, I could understand and solve case studies easily. I decided to research more about rules, case studies, and chose this part for my group assignment.
Because of Covid 19, the lecture had to move to online instead of face-to-face class. Although I was used to the online delivery when I studied at bachelor degree, it is still a bit of inconvenient. It was hard to discuss with lecturer through screen, also I cannot express fully what I wanted to ask at that time. This week was about consideration, commercial contracts and the capacity of contract. Thanks to review chapter and case studies at home, I could understand easily the definition and rules of consideration. Especially, I took a lot of time reading case studies relating to “past consideration” and promise. Also, lecturer explained carefully about this part, so I got deeply understand the difference between them. However, it was still difficult for me to comprehend the rules in Pinnel’s case. I think it was the most important and difficult part in this chapter. I tried to understand every word in such cases.
My tutorial class also had to move to online delivery. We had to solve case studies and short answers through the discussion platform. My group members decided to discuss and assign the task online. We opened an online document side where we can work out the tasks together. Also, we decided to have online group meeting each week in order to share idea and address case studies together. Although it was not easily to do meeting online, we still tried to contribute the answers of each person and address the case studies together.
Online class still continued because of Corona-virus. Instead of waking up early to join the lecture at 8am, it was more likely to stay at home and studied online. I learnt about the terms of contract in this week. The chapter was quite easily to understand such as express terms and implied terms. Besides, I could apprehend “Parol evidence rule” and the exceptions. Especially, based on analysis of “Oscar Chess Ltd v Williams 1957” I could identify a term and a mere representation. However, I got a trouble when solve case studies relating to “exclusion, exemption and limitation clauses”. It was a bit hard to distinguish the clauses due to their similar definition. I thought that I need to go through carefully all case studies again after the lecture.
The lecturer assigned us to do case studies for tutorial this week. Although, we studied carefully how to clarify a consideration, we still got trouble in applying the rule for our case study. We spent so much time to discuss and find the most appropriate rules for such a case. Thanks to research and read text book thoroughly, I felt quite confident when using the rules and analysing cases relating to consideration term. Also, I had to review all the content from week 1 to week 4 in order to prepare for my mid-term test.
Before studying lecture in this week, I reviewed all slide and read some cases in text book. I found that the chapter was quite heavy for me to understand. I spent more time reading again each part and case studies. This week was about “genuine consent of parties in contract law” and “illegal contract”. I could not apprehend full meaning of genuine consent. However, I knew more about misleading conduct in contract law. Based on cases studies, I could have basic knowledge of mistakes happening in a contract and know how to avoid them.
For the tutorial discussion, instead of solving case studies, we are assigned to do short answers. I was still confused with the clauses last week, we also need to address clauses in our tasks, so I had to discuss and ask in my group chat a lot. My group members are so helpful, they help me to understand the clauses and answer the question better.
This lecture looked at discharge and remedies for breach of contract. For the concept of discharge, it was easily to understand because of its meaning. Discharge is considered when the rights and obligations of a contract are bought to the end. From case studies, I could comprehend the factors leading to discharge of an agreement such as performance, breach, express agreement and law’s operation. However, I still found a difficulty to capture the concept of discharge by breach. There was quite a lot of terms I need to learn carefully like anticipatory breach and repudiation. I reckoned that after doing more case studies, I could get deeply knowledge of these.
Regarding to remedies for breach, it was not too hard for me to catch all the content. I just need to determine the breach which happens in each case. The important thing is that I have to distinguish remedies whether they are specific performance, junction or rectification.
Another new chapter that I had been learnt this week was torts and agency. It was also easily to understand the meaning of torts which are a set of wrongs. The important thing that I need to remember is negligence belonging to torts. I had to know the way to prove negligence and how to defence. There were a lot of case studies to clarify the negligence and I tried to capture all of these. As for agency concept, it is a relationship between the principal and the agent. It was simply to catch, I could understand and deal with the case studies quickly.
Before starting lecture, the teacher talked briefly about the final exam. Thus, I thought I need to have a plan to study each chapter again, write key points and, answer case studies and questions. Also, I had to do my tutorial task and remind my group members to prepare for our assessment 2.
For this week, I studied about the foundation concept. There were not any issues to me in order to comprehend the content of this week. ASIC (Australian Securities and Investments Commission) is authority responsible for registering a company. There are two main types of company such as public company and proprietary company. They are different following by their characteristics. The interesting thing in whole lecture is “a company is separate from its owners and operators”. This is a totally new concept I never heard before, I felt a bit curious and had to read a case study of “Salomon v A Salomon & Co Ltd 1897”.
After researching, I thought that this was my new knowledge and I could not forget.
In order to continue to last week, I had been learnt about corporation law: management of company, constitution and replaceable rules, and remedies. For the management, it was obviously that every staff or member of a company must follow internal rules including the constitution and replaceable rules. There were many rules that I need to learnt in this chapter. However, I could briefly understand that replaceable rules which belongs to Corporations Act, are applied when company does not want to use its constitution.
I still had a look of all chapters to prepare for my final exam. As for the group assignment, we nearly completed all tasks, just need to analyse the last case studies in week 11 and do the rest of short answers. After this week, I felt quite overloaded with whole the knowledge during the semester. I found that I need to spend more time to practice PIRAC method in each case study to get better result.
In this week’s lecture, I continued to learn about corporation law such as member, director’s duties, disclosure and governance of a company. Associating with the previous lecture that I had been learnt about membership, I had a further information about how to register or end the membership of the company. Also, the chapter provides more knowledge of director or officer’s duties. Furthermore, I got an overview of meeting and the government in a company. For the characteristics of meeting, there are two main types include director meeting and general meeting. According to Corporation Act 2001 (Australia), it is required of 75% members to vote for a certain important resolution. After the lecture, I could know who can call a particular meeting and How many days for a notice before a meeting. There was an interesting thing that an auditor also has a right to join company meeting. Additionally, the duties of director or officer must follow the common law and statutory penalties.
We did not have lecture this week. My group tried to finished our assignment. We did an online meeting in order review all our tasks, fix the format. After all, I felt quite satisfied when I worked in the group. Thanks to my group, I could get more knowledge and they also help me a lot when dealing with case studies. All my group members are responsible for their task, they always contribute and share their ideas, complete the tasks before deadline.
Also, I had to finish my reflective journal this week. I made an outline from week 1 to week 11 in order to prepare for the final exam. Although I still got some trouble when approach with the laws and case studies, I tried to practice and ask my tutor and my group members whenever I did not understand. Therefore, I reckoned that I acquired a certain outlook of Corporation Law. I would love to learn more about other laws in the future.