Exam Focussed

Session
Distracted or focused? = procrastination is
not something fashionable and cool
Before an EXAM!!
. Eat well & be well rested. Do NOT
watch TV or play computer games
before going to bed prior to the exam.

LAST minute studying

and Cramming does not
HELP. So make sure
that you have had
enough SLEEP!
Before the exam
• Read and prepare – a lot!
• Folder is your best friend!
• Assignments
• Notes

• Tabs in the textbook

During exam
• Enable Editing!

• The total marks for this exam: 50

Two sections
• Section A – multiple choice, 10 questions 2 marks each
• Section B – 3 questions each worth 10 marks each.

Students are required to answer all

questions
Separate Final exam tab under
Assessments Area
 Time

All questions should be answered.

•1 hour for section A

•2 hours for section B

•Do not take more time than necessary – upload

as soon as you think the exam is ready
Strategy during your exam
• Answer easy questions first (this will boost your confidence)
• Answer all questions (to maximise your grade)
• If you have time left, go over and add more cases and
legislation
What examiner needs to see?
Remember that in Commercial Law you are being assessed on the basis
of:

•Your knowledge of the law

•Your ability to apply that law to the facts
 In general
• You are expected to have an understanding of the Law topics
we have discussed.
• Explain the law with reference to CASES and LEGISLATION
• Quality is better than quantity
• Include only relevant information!
Ethics – you are a future or existing
professional
• Code of Conduct
Integrity and Professionalism
• We value integrity and professionalism in our activities and across academic,
teaching and management functions. Professionalism is characterised by
competency, skill, quality service delivery. We will promote integrity and
professionalism through:
• Ethical and professional conduct consistent with our policies and the requirements of
accreditation agencies;
• Modelling academic integrity and ethical practice in learning, teaching and research;
• Trust, which is modelled by responsibility, consistency and maintaining
confidentiality;
• Honesty and openness in communication and actions, ensuring that information is
conveyed in a timely manner.
Accountability
• We value accountability and take responsibility for our actions within the scope
of our work, study and community engagement. This includes an obligation to
report, explain and be answerable to the consequences of our actions. We will
ensure that accountability is practised by:
• Maintaining the high standards and reputation of the University;  Acting with
care and diligence, and being accountable for official conduct and decisions;
• Acknowledging and taking responsibility for our actions;
• Seeking to attain the highest possible standards in the performance of our duties
and exercising our responsibilities;
• Adhering to codes of conduct and ethics of professional associations where
applicable;
• Maintaining up-to-date knowledge in our areas of work or scholarship, and in the
professional, legal and ethical standards relevant to our areas of expertise
Students - Breach of Academic Integrity
Procedures
• Plagiarism means the use of another person's words or ideas as if
they were one's own. It may occur as a result of lack of understanding
and/or inexperience about the correct way to acknowledge and
reference sources.
• It may result from poor academic practice, which may include poor
note taking, careless downloading of material or failure to take
sufficient care in meeting the required standards. It may also occur as
a deliberate misuse of the work of others with the intent to deceive.
It may include, but is not restricted to:
• Presenting extracts, without quotation marks and/or without appropriate
referencing, from books, articles, theses, other published or unpublished works,
films, music, choreography, working papers, seminar or conference papers,
internal reports, computer software codes, lecture notes or tapes, numerical
calculations, data or work from another student. In such cases, it is not adequate
merely to acknowledge the source.
• This applies to material accessed in hard copy, electronically or in any other
medium;
• Close paraphrasing of sentences or whole paragraphs with or without
acknowledgement by referencing of the original work;
• Arranging for someone else to undertake all or part of a piece of work and
presenting that work as one's own; and/or
• Submitting another student's work whether or not it has been previously
submitted by that student;
Cheating or attempting to cheat in
examinations or other forms of assessment
including but not limited to:
• Dishonest or attempted dishonest conduct such as speaking to other candidates
or communicating with them by any means whatsoever;
• Taking into, or using in connection with, any assessment session any
unauthorised textbook, notebook, memorandum, or other written material or
mechanical or electronic device;
• Consulting any personal materials without permission to do so;
• Leaving answers exposed to view, or persistent attempts to read other student
examination answers;
• Behaving in a manner that compromises the integrity of the assessment process;
and
• Acquiring, attempting to acquire, possessing, or distributing examination
materials and information without the authorisation of the appropriate officer;
In cases of serial breaches of academic
integrity or a substantial serious breach, the
Board of Inquiry may:

• Determine that the student be excluded from the University for a

period of twelve (12) months from the effective date of exclusion;
• Determine that the student be expelled from the University; or
• Recommend to the Academic Board that a degree or other award be
rescinded.
Week 12
Revision
• Tort of negligence
• Business structures
• Agency
• Consumer law
• Intellectual property
Practice Question 1
Dilpreet hires Ash’s sister Karen as a dancer to entertain patrons at
Dilpreet’s restaurant. Karen urges Bob, a customer who is celebrating his
60th birthday with his family, to join her in a dance. Bob had been
drinking some alcohol but later claims he was not drunk. While
vigorously attempting to keep up with Karen, Bob breaks his hip. This has
never happened at Dilpreet’s restaurant before and it has never
happened to Karen either. Bob had no previous history of hip problems.
Does Bob have an action against Karen in the tort of negligence? What
defence arguments may be used in this scenario? Use relevant cases to
support your answers.
Practice Question 2
Maria and Johnny are partners of the Lame Duck Restaurant. They have
five employees working for the business. The business is doing well and
has been profitable for them. An opportunity has arisen to expand the
business into Palmerston and Darwin City. Maria and Johnny are keen to
expand their business, but they will need a significant amount of funds
to lease and fit out two more premises and employ approximately 10
more staff, as well as a manager for at least one of the other shops.
Johnny is concerned about his potential liability for the debts and
liabilities of the partnership. Also, he is concerned about the future of
the business if one of them should decide to leave, as the current lease
and future leases will be in both of their names.
Based on the above facts, advise Johnny on the advantages and
disadvantages of forming a company rather than retaining the
partnership.
Practice Question 3 – mock exam – 20 min
Xuan is the owner of a fine Chinese tea emporium selling high-grade
specialty teas. Ming has been employed by Xuan as store manager and
principal salesperson for the past 3 years. One day, Camilla is shopping
with her best friend Grace, as she wants to show Grace about the high-
grade teas available in this store. Camilla starts negotiating with Ming
over some special ginseng which is presented in an exquisite carved
wooden box. Ming has been specifically instructed by Xuan to not to sell
that particular box of ginseng for anything under $200 per box as
Chinese herbal specialists say this product ‘boosts energy and helps the
body’s immune system’. Nevertheless, after 10 minutes of bartering,
Camilla persuades Ming to sell four boxes to her and Grace for only
$350. The next day, however, upon discovering that Ming had disobeyed
her instructions and sold the special ginseng to Camilla and Grace for
only $350, Xuan immediately calls Camilla and insists that she either
returns two of the boxes or pay the extra money.
Under Agency Law is it possible Ming could be liable for the balance of
the money? Your answer must refer to the relevant case law.
Be ready and best of luck