MLC707 – Commercial and Corporations Law T1, 2017 Assignment one– Group Assignment DUE DATE AND TIME: Week 8 [on Wednesday, 3 May 2017], on or before 11:59PM PERCENTAGE OF FINAL GRADE: 40% HURDLE DETAILS: None Learning Outcome Details Unit Learning Outcome (ULO) Graduate Learning Outcome (GLO) ULO 1: Explain and apply the fundamental principles of Australian commercial law & corporations law which covers the areas of the Australian legal system, contract law, agency, law of tort and corporations law. GLO1: Discipline-specific knowledge and capabilities ULO 2: Analyse how Australian Commercial and Corporations Law has developed to resolve business challenges and identify limitations to its current scope. GLO5: Problem solving ULO 3: Use research and analysis skills to critically evaluate the principles of Australian Commercial and Corporations Law. GLO4: Critical thinking Page 2 of 6 Assessment Feedback: Students who submit their work by the due date will receive their marks and feedback in fifteen working days on CloudDeakin on 24 May 2017, 5:30PM Description / Requirements Assessment: Research Paper is worth 40% of the final mark. Every group member obtains the same mark. As a result, you will need to ensure that everybody contributes their share. Word Count: 4000 words excluding citations, quotations, footnotes and bibliography (10% leeway). Group Assignment Question In 2010, the plaintiff, “Bertini Italian Restaurant” (hereafter Bertini) was in negotiations to enter into a long-term lease contract for restaurant space with Garland Properties Pty Ltd (hereafter Garland), owner of a large commercial property in Docklands,Melbourne. Bertini has been leasing this property on month-to-month basis and needed the assurance of a long term contract. To this effect, Bertini demanded a lease period of ten years, with an option to renew for additional five years at the end of the lease. Bertini was not able to secure the ten year lease that he sought. During the negotiation it became clear that Garland was prepared to offer five years lease only. Bertini was also told to undertake significant refurbishment work to Garland’s satisfaction at the beginning of the lease to ensure that the restaurant is brought up to the required standard in comparison to other restaurants in the commercial complex. Bertini was so anxious that his business would not be able to recoup these refurbishment expenses if he does not get assurance that the lease is for ten years. In fact, the refurbishment cost run to $2 million. However, Garland did not budge, but made statements to the effect that if Bertini signed the five-year lease contract and refurbished the restaurant to the desired level before the start of “Melbourne Expo”, an important international event to be held in the city, he “will be looked after at renewal time.” Garland representatives also mentioned that the reason Page 3 of 6 they specified a five years lease term was to make the leases align with those of other tenants in the Complex. The lease contract did not contain an option to renew. However, it contained the following clauses: The Landlord must give notice to the Tenant, at least 6 months, but no more than 12 months before the expiry date of the first five year lease, indicating whether: a) The Landlord will renew this lease and the terms of the new lease b) The Landlord will allow the Tenant to occupy the premises on month-to-month contract basis; or c) The Landlord will require the Tenant to vacate the premises upon the expiry of the lease Six months before the expiry of the five year lease, Garland informed Bertini that the lease will not be renewed and he should vacate the premises. As a result, Bertini had to stop his business submitted to voluntary administration in a path to insolvency. Bertini would have made $200,000 in ordinary profits and $100,000 in exceptional profits due to some lucrative deals, if the lease was extended for additional five years. This matter comes to your group for your legal opinion. Please do the following. 1. Advise Bertini by focusing in particular on issues of collateral contract, promissory estoppel, and and remedies. 2. Advise Garland by focusing in particular on issues of collateral contract, promissory estoppel and remedies. Page 4 of 6 Submission Instructions Submission must be received on CloudDeakin on or before 11.59 pm in Week 8 [on Wednesday, 3 May 2017], on or before 11:59PM. For more information, please refer to the information posted on CloudDeakin. The Assignment Drop Box (T1 2017 MLC707 Group Assignment 1 ) will remain open for additional five days for those who submit late subject to penalty. See newly adopted Faculty penalty rules below. Please disregard penalty related information on unit guide as this information is superseded by a newer rule adopted recently. Emailed or faxed submissions WILL NOT BE ACCEPTED for any reason other than due to a CloudDeakin failure (the Unit Chair can verify this from CloudDeakin). You must submit your assignment to the Assignment Dropbox T1 2017 MLC707 Group Assignment 1 folder. You must reference your written assignment in accordance with the Deakin Harvard Referencing Guide. Specifically, please refer to the ‘Legal sources’ referencing section within the Deakin Harvard Referencing Guide: http://www.deakin.edu.au/students/studying/study- support/referencing/harvard or click here for Harvard style of referencing Please refer to the Marking Rubric to ensure you follow the guidelines carefully to avoid losing marks for unnecessary mistakes and omissions. 
 You must keep a backup copy of every assignment you submit, until the marked assignment has been returned to you. In the unlikely event that one of your assignments is misplaced, you will need to submit your backup copy. Any work you submit may be checked by electronic or other means for the purposes of detecting collusion and/or plagiarism. When you are required to submit an assignment through your CloudDeakin unit site, you will receive an email to your Deakin email address confirming that it has been submitted. You should Page 5 of 6 check that you can see your assignment in the Submissions view of the Assignment dropbox folder after upload, and check for, and keep, the email receipt for the submission. Additional Notes  Penalties for late submission: The following marking penalties will apply if you submit an assessment task after the due date without an approved extension: 5% will be deducted from available marks for each day up to five days, and work that is submitted more than five days after the due date will not be marked. You will receive 0% for the task. 'Day' means working day for paper submissions and calendar day for electronic submissions. The Unit Chair may refuse to accept a late submission where it is unreasonable or impracticable to assess the task after the due date.  For more information about academic misconduct, special consideration, extensions, and assessment feedback, please refer to the document Your rights and responsibilities as a student in this Unit in the first folder next to the Unit Guide of the Resources area in the CloudDeakin unit site.  Building evidence of your experiences, skills and knowledge (Portfolio) - Building a portfolio that evidences your skills, knowledge and experience will provide you with a valuable tool to help you prepare for interviews and to showcase to potential employers. There are a number of tools that you can use to build a portfolio. You are provided with cloud space through OneDrive, or through the Portfolio tool in the Cloud Unit Site, but you can use any storage repository system that you like. Remember that a Portfolio is YOUR tool. You should be able to store your assessment work, reflections, achievements and artefacts in YOUR Portfolio. Once you have completed this assessment piece, add it to your personal Portfolio to use and showcase your learning later, when applying for jobs, or further studies. Curate your work by adding meaningful tags to your artefacts that describe what the artefact represents.  Marking guide: 40 marks total (100%) o Questions 1-40%  Group identifies and defines the correct area of the law and legal rules relevant to the problem (10%) Page 6 of 6  Analysis/Application of legal rules to the factual problems (20%)  Conclusion (10% o Question 2-40%  Group identifies and defines the correct area of the law and legal rules relevant to the problem (10%)  Analysis/Application of legal rules to the factual problems (20%)  Conclusion (10%) o Research and Referencing- 20% Checklist:  Before submission, please check whether you have ... o Saved the assessment as a word document (.doc or .docx ONLY) o Included a word count for the assignment o Complied with the referencing rules and bibliography. o Checked for any plagiarized material.
 Good luck and happy researching! Firew Tiba Unit Chair