Aleksandr Game Store Case Study 1

Aleksandr Game Store Case Study

Description/Paper Instructions

Aleksandr Game Store Case Study

Research Assignment: Instructions

Due Date:     By 11:59pm, Sunday 15 May 2022
Submission:  Electronic submission online via Canvas
Value:    40%
Task:     Individual Assignment

Overview
The research assignment consists of two (2) problem  style  legal
questions. Both questions must be attempted. You are expected to use
a range of primary (legislation; case law) and secondary materials
(textbooks; journals) to answer each question.

Word limits
Each question has a recommended word limit. The total word count for
the assignment is 3,000 words.  Bibliography and footnotes are not
included in the word count.  However, substantial comment, such as
long explanations in your footnotes will be included in your word count.

Penalties for excessive word count
The setting of word limits is important in academic and professional
writing, as it both sets the expectation (in terms of the amount of detail
required in a piece of writing) and tests the author’s ability to perform to
the required standards. Coming in under the word limit implies that you
have not done enough research to answer your question fully, whereas
coming in over it may imply that you lack focus. Both errors reduce the
quality of the finished work, and the latter (being too long) is particularly
problematic, as  it  reduces  the  assessor’s  ability  to  fairly  compare
students’ work since you can’t mark two essays on the same subject in
the same way if one is much longer than the other.

For this reason, assessors are not required to read material in excess
(more than 10% over) of the word limit.

Referencing and Bibliography
All sources that you use must be appropriately referenced. You should
adopt the latest edition of the Melbourne University Law Review
(MULR)’s, Australian Guide to Legal Citation.

If you are citing a case or legislation, an abbreviated reference to that
material should be in the body of your work; the full case reference or
legislation should be in a footnote; and these references should  be
listed alphabetically in your bibliography. Please refer to the additional
information on referencing and  citation  (model  guides)  that  we  have
placed on Canvas to assist you.

All quotations and references should be properly sourced. Inadequate
details of publications and other sources will reduce  your  assessed
grade.

Please note that there are very strict rules  around  referencing  to
acknowledge  the  work  of  other  people,  and  to  prevent  you  from
committing  plagiarism  –  which  is  the  unauthorised  use  of  somebody
else’s work that you present as your own.

Aim for on-time submission!
All assignments will be marked as if submitted on time.  Late
submissions of assignments without special consideration or extension
will be automatically penalised at a rate of 10% of the total marks
available per day (or part of a day) late. For example, if an assignment
is worth 40 marks and it is submitted 1 day late, a penalty of 10% or 4
marks will apply.  This will be deducted from the assessed mark.
Assignments will not be accepted if more than five days late, unless
special consideration or an extension of time has been approved.

If you feel you are unable to submit the assignment on time, you must
apply to the lecturer BEFORE the  due  date  explaining  why  and  with
supporting  evidence  if  applicable.  This does not displace the normal
RMIT rules of Special Consideration.

General presentation and formatting requirements:
•  You  must  include  a  cover  page  with  your  name,  student  number,
and the total word count for your assignment;
•  Please  use  clear  headings  and  subheadings  throughout  your
assignment;
•  Please use professional formatting and number each page;
•  Pay  attention  to  language,  style,  and  presentation.  The  ability  to
write clearly and succinctly is an important professional skill; and

• Correct grammar, punctuation and spelling are essential.

Research Assignment: Problems

Problem 1: 50 marks/worth 30% (2,250 words)

Aleksandr, a business student at RMIT, parked his car at ‘Park Super Safe’. At the time of entry, he was given a ticket by the ticket machine. The ticket indicated which parking space he was allocated, along with the date and time the ticket was set to expire. However, Aleksandr did not check the back of the ticket which listed, in substantially smaller print, several terms, including the following:

Park Super Safe takes no responsibility for any damage caused to any vehicle, parked or otherwise on Park Super Safe premises, however such damage may be caused. Occupants use Park Super Safe at their own risk.

After he parked his car, he walked into his local game store and saw a copy of the latest game, ‘Call to war: invasion’, with a price tag of $8.99. Aleksandr knew that the game usually retails for $89.99 so he quickly picked up the last remaining copy from the shelf and hurried over to the cashier. The game was scanned, and the price came up as $89.99. Aleksandr was unimpressed and took the cashier to the shelf where the price clearly showed that the price of the game was $8.99. He pointed out that the shop had made an offer to sell him the game for $8.99 and that he was legally accepting this offer, thus creating a contract. The cashier disagreed and stated that this was merely a typographical error and that the price of the game is in fact $89.99.

­­­­­­

Aleksandr was disappointed and returned to his car without the game. When Aleksandr approached his car, he noticed that both back lights had been smashed and there were scratch marks along the paintwork. When Aleksandr opened his car, he also found that the glovebox has been forced open and his rent money worth $1,000 was gone. Aleksandr immediately reported the incident to the car park attendant. However, it took him 20 minutes to fill in the incident report and during this time his car was stolen because he forgot his keys in the car. Also, his car insurance had expired a few days prior to this incident.

Questions:

• Is there a contract between Aleksandr and the game store, and Aleksandr and the car park?
• Is the term at the back of the parking ticket valid in contract?
• Would Aleksandr be entitled to damages against the game store or the car park (or both)?
• Would Aleksandr have a claim under the Australian consumer law against the game store or the carpark (or both)?

Problem 2: 50 marks/worth 10% (750 words)

Two years after the events in problem 1, Aleksandr is delighted that he has completed his business degree. In anticipation of completing his degree, he set aside a portion of his weekly part time wage to take a cruise around the Pacific Ocean, starting on 10 January 2023.

On 8 January 2023, he received a call from his sister, Anichka, who told him that their mother, Olene, is in hospital and is in an induced coma because of a life-threatening illness. In shock, Aleksandr rushed to his new car and drove to the hospital without his seatbelt secured around him. Although he drove at the speed limit, he noticed a pedestrian crossing the road when the pedestrian light was still red. He swerved to avoid the pedestrian but hit the pedestrian light pole, causing severe and permanent injuries to himself. Aleksandr is now restricted to a wheelchair, but he is not entitled to compensation from the Transport Accident Commission because he had not renewed his car registration on time.

Question:

Would Aleksandr be success in seeking damages from the pedestrian in negligence?

End of assignment

RUBRIC QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points:  Student failed to submit the final paper. 20 points out of 50:  The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50:  The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately.  Elements of the required response may also be lacking. 40 points out of 50:  The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples.  The answer is complete. 50 points:  The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples.  No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points:  Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points:  Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points:  References to scholarly sources are occasionally given; many statements seem unsubstantiated.  Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points:  Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented.  APA 6th Edition is used with only a few minor errors.  There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points:  Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented.  APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points:  Student failed to submit the final paper. 5 points out of 20:  The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors  10 points out 20:  The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20:  The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points:  The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points:  Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements.  The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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Aleksandr Game Store Case Study

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