Module 4 Assessment Task Sheet and CRA PDF

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Assessment Task Sheet Semester 1 2020 LLB202 Module 4 Assessment (Take Home Module 4 Air Gondwana Assessment)

Task

Weighting Course and Unit Learning Outcomes Addressed

Assessment: Air Gondwana Module 4 Due Date Friday 3 April 11:59pm 14% The exercise examines the extent to which you are able to: 1. 2. 3.

Specifications Overview

Analyse issues and construct arguments to demonstrate an understanding of the principles of contract law and policy (CLOs 1.1, 1.3, 2.1) Apply the law of contract to problems and clearly communicate possible solutions (CLOs 1.1, 2.1, 4.1) Negotiate and draft contractual clauses (CLOs 4.1, 4.2)

Maximum 6 pages, 12 point font size Times New Roman or Arial, 1.5 line spacing, with page margins at a minimum of 2 cm (left, right, top and bottom). You will respond to a number of short answer questions and draft a heads of agreement with relevant contractual clauses

How to approach the assessment 1. Prior to undertaking this task, you are required to complete Modules 1-3 of the Air Gondwana computer program, which may be accessed via either the study plan on the Learning Resources page for the assessment table on the Assessment page. The Air Gondwana computer program provides an on-line instructional video on basic negotiation theory and practice in the context of negotiating contracts. It is then followed by two on-line modules containing a number of scenario-based questions which provide you with the opportunity to practise the principles of negotiation taught by the video. Module 2 remains open until 20 March 2020, Module 3 remains open until 27 March 2020. Module 1 will remain open so that you may rewatch the instructional video at your convenience. 2. You are also required to read the briefing notes and watch the corporate video, which may be accessed in module 4 of the Air Gondwana computer program. 3. Once you have completed the online aspects of modules 1-4 of the Air Gondwana computer program, please read the below scenario. 4. In response to the scenario provided, you need to: (a) draft a number of short answers to questions 1- 8; and (b) draft a heads of agreement setting out a negotiation between the parties.

You need to produce a Heads of agreement which: (a) demonstrates an understanding and command of a principled approach to negotiation that you learnt in Module 1 and practised in Modules 2-3; (b) produces a “win-win” outcome that satisfies both sides of what the parties would be hoping to be an ongoing relationship; (c) is practical; (d) complies with the instructions and facts provided to you; and (e) reflects sound knowledge of Contract Law. As you may gather from the exemplars in the Module 1 instructional video, and the practice exercises in Modules 2 and 3, one of the keys to successful negotiation (and consequently a good mark for your Heads of agreement) is developing solutions that are both creative and practical. What you will submit You will upload to turnit-in via the link on blackboard one (1) document in the form of a word document or pdf document which will contain your answers to the short answer questions and your drafted heads of agreement. The turnit-in submission link has been configured so that you can upload as many times as you like prior to the due date. Your short answers must be fully referenced (in compliance with AGLC), but you need not include a bibliography. This is an individual item of assessment. It is in your own interests not to discuss the content of this exercise with any other student in this unit, your work must be undertaken independently and it must be your own.

Please write in complete sentences, with accurate grammar and by referencing relevant sources.

CRICOS No. 00213J

LLB202 Module 4 CRA Criteria BATNA/WATNA And short answer questions, 6% Properly addressing core issues in heads of agreement, 2% Creativity in solutions in heads of agreement, 2% Use of objective criteria in heads of agreement, 2%

Compliance with contract law and instructions in relation to heads of agreement, 2%

7 (85%)

6 (75%)

5(65%)

4-3 (50% or less)

2-1

Your short answers were correct, clear and complete.

Your short answers were mostly correct, clear and complete.

Most of your short answers were correct, clear and complete.

Some of your short answers were correct, clear and complete.

Your short answers were mostly incorrect, unclear and/or incomplete.

You did well to properly address all of the core issues. You showed excellent imagination and creativity in your solutions for mutual gain. Your agreement contained numerous objective criteria. Your solutions were precisely in accordance with your respective clients’ instructions. Your solutions were well balanced and laid the foundation for a successful long term relationship. Your solutions were all complete and certain in their terms, contained sufficient detail to have meaning and were pragmatic/realistic.

You properly addressed most of the core issues but missed some. You showed a lot of creativity in your solutions for mutual gain.

You properly addressed several core issues but missed several.

You properly addressed only some core issues.

You properly addressed few if any core issues.

You showed some creativity in your solutions for mutual gain.

You only showed limited creativity in your solutions for mutual gain.

You showed no creativity in your solutions for mutual gain.

Your agreement included only three objective criteria. Your solutions were generally in accordance with your respective clients’ instructions.

Your agreement included only two objective criteria. Your solutions were contrary to your respective clients’ instructions in one respect.

Your agreement only included one objective criterion. Your solutions were contrary to your respective clients’ instructions in several respects.

There was no obvious imbalance in your solutions.

Your solutions were mostly balanced but may have effectively given one party a veto.

Several of your solutions were weighted in favour of one party instead of being a win-win.

Your agreement did not include any objective criteria. Your solutions were contrary to your respective clients’ instructions to a significant degree. Your solutions were heavily weighted in favour of one party instead of being a win-win.

Your solutions were mostly complete and certain in their terms and contained sufficient detail to have meaning.

Your solutions were mostly certain Several of your solutions were vague in their terms but one was not vague and/or not pragmatic/realistic, and/or and/or pragmatic/realistic, and/or you included an agreement to agree. you included an agreement to agree.

Your solutions were all vague, did not contain sufficient detail to have meaning and were not pragmatic/realistic and/or you included an agreement to agree.

Instructions / Scenario

WILD EARTH FOUNDATION 1.

Lancaster Island is an island off the Queensland coast which is on the market for sale.

2.

Air Gondwana decided to pursue the development of an island as a holiday resort for which the airline would have exclusive landing rights. Air Gondwana holds great hopes for the development and promotion of an island resort and developed a corporate video promoting its initiative. However, it first needs to outbid its main competitor for the island, Power Energy Pty Ltd, who plans to bulldoze essentially the entire island to make way for a large nuclear power plant.

3.

Wild Earth Foundation was created by the American technology multibillionaire Oscar Wild who “gives back to the world” through his Foundation which seeks to preserve natural habitats for endangered wildlife around the world. The Foundation has in its hands a corporate video produced by Air Gondwana, which was leaked to the Foundation by an environmentally aware production assistant who worked on the video. It is concerned that Air Gondwana’s planned developments will damage the prestine island and the wildlife living there, including some endangered species. However, it’s even more concerned that Power Energy Pty Ltd will purchase the island.

4.

Air Gondwana and Wild Earth Foundation enter into a negotiation where they agree that they will each contribute $20,000,000 to the purchase of Lancaster Island so long as they are both satisfied with the terms upon which the island will be developed and protected.

5.

The very first thing Air Gondwana wishes to address is the need for its visitors to have access to clean and clear drinking water. It wants to clear bushland near a natural lake on the island to build a desalination plant for that purpose. However, the Foundation is not happy with this proposal, particularly given the beautiful quokkas and possums which live around that lake. The Foundation suggests that a number of wells should instead be drilled or dug to access fresh water.

6.

Air Gondwana also wants to build accommodation for guests. It believes that five star accommodation is needed to lure visitors to the Island and plans to have a luxury development with tennis courts and swimming pools. There are a number of development sites but it considers the most logical to be at Mt Majestic against a number of natural caves where the view is spectacular. The Foundation recognises that visitors are an important aspect of Air Gondwana’s plans for the island but is worried that too many people wandering freely around the island could damage the natural inhabitats of the wildlife. Particularly if recreational facilities are built too close to the caves where glow-worms are situated.

7.

The Foundation wants to minimise the level of pollution on the island and is insistent that some renewable energies be used to manage the guests’ various needs. However, Air Gondwana is not prepared to have a second-rate facility where electricity supply is inconsistent. Air Gondwana therefore wants necessary generators set up on the island, which need to be fuelled by diesel, to ensure any electricity problems are immediately manageable.

8.

Both the Foundation and Air Gondwana want to promote the island as a beautiful paradise with important wildlife and both want to attract funds for their individual endeavours. They’d like you to put forward some ideas. Air Gondwana proposes a festival of lights with floating lit paper balloons. However, the Foundation swiftly points out that this would be a danger that could see bushfires started and/or rubbish dumped into the ocean to the detriment of ocean life such as the blue marlin and local endangered crabs.

9.

There are some natural attractions that may be used without change. These include hiring a sailing boat to visit the smaller islands that surround Lancaster Island, private unspoilt beaches, caves, coral reefs and the wrecks of a number of vessels which have come to grief on the shores of the island over the years. A cave containing a large collection of a variety of fossils has been discovered near Mt Prosser. This cave is hard to access and Air Gondwana proposes landscaping the area to flatten one side of the mountain and build in climbing stairs for visitors. However, the Foundation is sure it has heard of some research that said this could lead to major environmental issues such as soil erosion, water pollution and air pollution.

9.

The Foundation wants to uphold the Foundation’s charter whilst seeking to achieve a win-win outcome. Air Gondwana has already invested heavily in plans for a new exclusive nature resort and wants to pursue its plans while seeking to achieve a win-win outcome. They want you to draw up a heads of agreement based upon a negotiation of the above.

10.

Please answer the short answer questions and then draw up the heads of agreement. The questions together with a blank heads of agreement are provided with this task sheet.

CRICOS No. 00213J...