LAWS1100 Business Law – Semester 1, 2020

Feedback for submissions for Tutorial 5

This document outlines key points of feedback from the submissions for Tutorial 5. It is specifically targeted
towards those students who achieved 1.5/3 or 0/3 for their submissions, but may also be useful for those students
who achieved 3/3 but did not fully understand the task.

Key Areas for Improvement

 MAJOR NOTICE: If, at this stage if the semester, you have achieved 1.5/3 or 3/3 for the majority of your
tutorial submissions, it is strongly recommended that you arrange a consultation with your tutor before the
end of Teaching Week 12 (commencing 25/5). Please note that the examinations, unlike the tutorials, will
not be marked on a “reasonable attempt” basis. Papers which did not achieve 3/3 may have achieved
less than 5/15 if marked using the criteria for examinations.

 We are committed to ensuring that you perform well in the course and will be available to assist if required.
We acknowledge this is a difficult time for everyone, and in marking your work we take this into account.
However, leniency has its limits and we want to remind you that we must mark according to the criteria.

 A major concern we have held since the first tutorial submission is a lack of detail in some of the papers.
These papers are often around half a page long or less and demonstrate a very limited application of the
law to the facts. This suggests to us a number of issues.

 The first is a lack of understanding of the content. For Tutorial 5 you were expected to understand,
among other things, the elements for s18 for misleading and deceptive conduct and s29 for false
representations. Students were expected to explain the elements for each of these causes of action and
apply them, with reference to any appropriate cases. While you may have touched upon some of these
sections, it was important to set out the elements clearly and comprehensively and work through them one
step at a time. Supporting case analysis is also essential in any s18 / s29 question.

 The second issue which concerns us is non-compliance with the ILAC method. Yet again, there are still
papers which are unstructured and do not follow this process. Applying the law to the facts is sometimes a
challenge for students, but remember that we give you facts for a reason: a lot of them will be relevant in
some way or another to an element in a cause of action. For example, specific statements made may be
regarded as misleading and deceptive and it is your job, in Application, to identify those facts. Every
problem question we give you should have a clear and obvious resolution if the law is properly understood.
If the answer does not make sense for you, it probably does not make sense to the marker either. We do
not set “trick” questions at all and any question we set will be able to be resolved by reference to material in
the lectures, tutorials and/or textbook.

 The third matter we wish to raise is a lack of effort. While many of you may have genuinely put in a lot of
effort into your bi-weekly submissions, there are papers which suggest a failure to engage with the relevant
materials in this course. LAWS1100 Business Law is not a course which can be passed by way of “last-
minute” study. The concepts may sometimes be hard to understand and apply and preparation is essential
to achieving high marks.