business law | UNCONSCIONABLE CONDUCT

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MLC101 Business Law
Short Essay Trimester 1 2016
This essay is to be completed individually. It is worth 30% of the
total marks for MLC101. It is due on or before 8.30 am Monday
May 2, 2016 (Week 9) via the submission tool in Moodle
(MLC101).
Essay Topic:

Common law contract rules focus on the sanctity of contract. Traditionally, the courts dislike interfering in a person’s freedom to contract And will enforce the contract strictly.

In a business context, strictly enforcing contracts provides the parties with the certainty needed in order to efficiently plan and Manage businesses. Business people have The assurance that contracts for purchasing goods and services will be honoured, or if not honoured, the business will receive compensation for any losses.

Essay Instructions:
1. You are expected to use at least 6 and no more than 8 current Australian sources or
business law texts in researching your answer. Only Australian sources should be used.
2. Research sources must be found using the Deakin Library catalogue and databases.
DO NOT use the Internet / web based searches such as Google to find material that
you reference. Do not use material from internet and blog sites such as LawTeacher,
or government information sites, in your essay. You may use the ACCC website. The
prescribed text does not count as a research source.
3. The essay must be word processed in MS Word (.doc or .docx format). Files submitted
in any other format, including .pdf or .zip will not be marked.
4. The first page of your document should be a title page with the essay title, your name
and student id and total word count (excluding footnotes).
5. The word limit is 1500 words +/- 10%. The word count does not include the list of
references, footnotes etc.
6. The file you submit should be named with your family name and student ID number.
7. References must be cited according to the Deakin University referencing guide found
at this link http://www.deakin.edu.au/students/study-support/referencing/harvard
IMPORTANT NOTE – The guide includes a link to the rules for referencing legal
sources. You must follow the links to the AGLC referencing rules. Please see the pdf
linked on Moodle that illustrates where the legal referencing guide is linked.
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8. Overall your essay must be a professional document that has been carefully spell
checked and proofread. Further information about good essay writing can be found in
the Academic Skills section of Moodle.
9. The marking rubric linked on Moodle is a marking guide. You should ensure that these
guidelines are followed to avoid losing marks for omissions and unnecessary errors.
10. The assignment is marked out of 30 marks and is 30% of your overall assessment in
MLC101.
Submission:
Your must submit your essay by 8.30 am on Monday 2 May 2016 (Week 9) in the
submission inbox in Moodle. Do not submit a hard copy. If you submit after that time
without being granted an extension then marks will be deducted for late submission in line
with Deakin College Assessment Policy i.e. 10% per day or 1.5 marks. Submissions after 7
days will be given a mark of 0.
Note that it is the student’s responsibility to ensure their essay is submitted into the
submissions box on Moodle. This requires a suitable internet connection and that you allow
sufficient time before the deadline for your submission to process into the submission
inbox in this busy time. Please check that your submission has been received. The
responsibility to submit the essay into the submission inbox by the sue time and date is
the responsibility of the student unless there is evidence of a failure of the Deakin College
IT system.
Please note that when you submit your essay into the submissions inbox you are affirming
the following:
“I certify that the attached work is entirely my own except
where work quoted or paraphrased is acknowledged in the text.
I also certify that it has not been submitted for assessment in
any other unit or course”.
Extension to Submission Date:
The policy for a extension to the submission date is as follows:
“Normally, at least 48 hours before the due date a student
may submit a written request to their Unit Coordinator via the
Portal, for an extension of time for the submission of the
assignment (essay) on the grounds of serious illness, accident,
disability, bereavement or other exceptional circumstances.
Applications must be accompanied by valid supporting
documentation”.

Description

Unconscionability, also referred as unconscionable conduct, refers to a doctrine in contract law describing the basic terms of the conduct that are unjust or favor one side that has superior bargaining power, and conducted in a way that is contrary to good conscience.[1]It is a conduct that has harsh and shocking to the conscience of the contracting parties so grossly unfair a court can point it out in their conduct.

[1] Dal Pont, G 2000, ‘The varying shades of ‘unconscionable’ conduct – same term, different meaning,’ Australian Bar Review vol. 19, no. 2, pp. 140, retrieved 30 April 2016, LegalTrac.