BUS 101 – INTRODUCTION TO BUSINESS LAW – trimester 3 of 2016 GROUP ASSIGNMENT - CASE STUDY The questions in this assignment 1 The questions you are required to answer are designed to enable you to express your own understanding of what the three courts separately determined. However, this is not a cut and paste exercise. Although you are permitted to quote briefly (one or two short sentences) it is not possible to answer the questions simply by locating the relevant paragraphs in the judgment and copying them into your answer. 2 Therefore, you must express your answer in your own words and to enable the tutors marking the assignments to be sure that you have done this you should state, in brackets at the end of your answers to each question, the paragraph numbers from the judgment you have referred to when preparing your answer. 3 I encourage you to express answers to each question in either numbered or bullet point form rather than long paragraphs. This means that students whose English writing ability is not good should not be disadvantaged. I have separately uploaded a pro-forma answer sheet in Word format which you can adapt to present your responses. The spaces provided are a guide only; you can provide longer or shorter answers if you wish. 4 The suggested answer sheet identifies, by a numbered sub-heading, each question you are answering. Do not copy the question itself into your answer sheet because that will cause a false "high similarity" score in Turnitin 5 Word limit is about 1200. 6 Remember this is a group assignment. All group members should contribute ideas, even if only one student writes the final answers for submission. Where the marker suspects that a student has not genuinely participated that student may later be asked to respond to some oral questions about the court's judgment. Submitting your assignment 1 You must hand one (only) hard copy to a tutor in week 11; it is not necessary for each group member to hand in a hard copy. 2 Do NOT attempt to submit the assignment to reception at KOI Kent Street or Market Street; it will not be accepted. 3 If all group members are in the same tutorial the assignment should be given to that tutor. 4 If group members are from more than one tutorial you may choose which tutor to hand your hard copy to; the tutor you hand it to will be the tutor who marks it. Tutors will not accept assignments to be passed on to other tutors. 5 You must attach a cover sheet (in the form separately provided) stating the names, student numbers and the tutorial code (eg, LA-T3) in which each group member is enrolled. If you do not know your tutorial code, ask your tutor. All students must sign it.6 You must also upload an electronic copy to Turnitin (so that plagiarism can be checked); if you do not know how to do this consult the librarians. The questions to be answered on the separate responses document Your report will be marked out of a total of 20. The marks available for each separate question are stated in square brackets at the end of each question 1 Briefly describe the three aspects of TPG's advertising which the ACCC considered to be defective [3 marks] 2 The ACCC alleged that TPG's advertising contravened two statutory provisions; what were those statutory provisions (ie, which sections of which Act)? and what was it about the advertisements which contravened each of those provisions [4 marks – 1 for each statutory provision and 1 each for detail of how the advertisements contravened the provision] 3 What were the findings (conclusions) of the primary judge about the following aspects of the advertising [5 marks total made up as shown]  bundling [2 marks]  the set up fee [2 marks]  single price [1 mark] 4 In what two ways did the Full Court take a different approach from that of the primary judge in deciding whether the TPG advertising was misleading? [2 marks] 5 The High Court concluded that the approach taken by the Full Court was not correct. For what two reasons did the High Court come to this conclusion? [2 marks] 6 The Full Court, in coming to its conclusions, applied as a precedent the ratio in a case called Parkdale Custom Built Furniture v Puxu ("Puxu"). The High Court said that the Full Court should not have applied the principle in Puxu and gave three reasons for this. Briefly explain any two of the reasons the High Court said made the Puxu case different from the TPG advertising. [2 marks] 7 If you were employed in the marketing section of an internet service provider or a fitness centre which was about to launch an advertising campaign promoting an attractive "plan" for membership in which there were several "parts" (costs and benefits) to be taken into account by potential customers, what points of advice would you give about the form the advertising should take, based on your understanding of the High Court's ruling in ACCC v TPG? [2 marks] John Lanser 17 January 2017