BTB1010/BTC1110/BTF1010
Business and Commercial Law
Semester 2, 2023
FINAL EXAM
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Purpose |
The Final Exam will cover topics covered in Weeks 8 to 12 lectures, readings and tutorials. You will be required to understand legal principles from the following areas of law: . Data protection and privacy (Week 8) . The law of torts – negligence (Weeks 9 and 10) . Business organisations – partnerships and agency (Week 11) . Business organisations – company law (Week 12) It is only these four areas of your course materials (across Weeks 8 to 12) that form the examinable content for your end of semester exam. Note that The Australian Legal System, Legal Ethics, The Law of Contract, and Consumer Protection will not be examined again on the exam. These course materials have already been assessed in our previous assessment tasks. This assessment will examine your ability to apply legal reasoning skills (unit learning outcome 4) to demonstrate how several areas of the law apply to a range of both real-world and hypothetical business scenarios (unit learning outcomes 2 and 3). The Final Exam will develop your ability to evaluate legal scenarios arising in business which inform business decision-making and conduct. This is a key skill set you will need in future business endeavours to understand the impact of the law on business and make informed business decisions. |
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Your task |
Your final exam will be an online eExam with supervision/invigilation. Your final exam is ‘Open Access’ , is worth 50% of your overall assessment, and is marked out of 50. The exam is conducted online via the eAssessments platform and not via Moodle. This platform is available athttps://eassessment.monash.edu/. Please refer to your exam timetable, communications from the exams team and also the information at the University's eExam website (https://www.monash.edu/exams/electronic-exams) for further details about how to access your eExam, the eExam rules and procudures. |
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Note that your exam is conducted by the Exams Office, and not by your unit team. You should not seek to contact members of the teaching team during the exam itself on exam day. The exam will consist of five (5) hypothetical legal problem questions which will require written answers, that are to be typed in answer boxes. There will not be any multiple-choice questions on your final exam. Your assessment comprises 5 overall questions, which may include sub- questions. Those questions are as follows: . Question 1: Data Protection and Privacy (10 marks) . Question 2: The Law of Torts (15 marks) . Question 3: The Law of Torts (5 marks) . Question 4: The Law of Business Organisations (partnerships) (10 marks) . Question 5: The Law of Business Organisations (company law) (10 marks) All questions and all parts of those questions are compulsory. |
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Value |
50% of your total marks for the unit. There is no hurdle requirement on this exam. |
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Duration |
2 hours and 10 minutes (130 minutes), |
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Time and Location |
eExams are administered centrally by the University. Please explore the University's eExam website (https://www.monash.edu/exams/electronic- exams) and plan ahead for sitting your eExam. You will receive an email from the exams team that includes full details and instructions about what you will need to do to get ready for your eExam. Please do take the time to read through that email and related resources carefully. Please also make sure you check your exam timetable carefully. Note that special consideration cannot be granted for misreading or misunderstanding the exam timetable. |
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Assessment Criteria |
The following marking criteria apply to the Final Exam. Structure, organisation, and style Students are expected to demonstrate an ability to write an answer to a hypothetical legal problem question in a coherent and logical way. An introduction and a conclusion, the use of paragraphs, topic sentences, headings and subheadings, and using correct grammar and spelling are
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obviously important - they all promote the development of a coherent and logical answer. There is a method that serves most students well, known as the 'IRAC' method, which has been explored in tutorials. It is also explored in our Skill Assistance materials. You must write using full sentences and paragraphs, with your reasoning fully explained. You should not use dot points for your answers unless the particular circumstances require (eg. you are listing the elements, or you are running out of time and need to get key points down before the exam finishes). Understanding of the issues Students are expected to identify, and demonstrate an understanding of, the key legal issues the hypothetical legal problem question raises. The question itself will also guide what should (or should not) be discussed in the answer. Analysis and application of the law Students need to identify and discuss the relevant legal principles (citing relevant cases and statutes) and analyse and apply the law specifically to the problem at hand and come to a conclusion about the position of the parties. Students are required to demonstrate an adequate understanding of the relevant law and apply it correctly to the problem at hand. Detailed explanation and legal analysis are required to demonstrate how the law applies to the given situation and to show thorough understanding of legal concepts. Where applicable, the strengths and weaknesses of both sides' arguments should be weighed. Please ensure you use your own words to explain and apply the relevant law. |
INSTRUCTIONS
Examinable Content
Your final exam will cover the following topics:
. Data protection and privacy (Week 8)
. The law of torts – negligence (Weeks 9 and 10)
. Business organisations – company law (Week 12)
Across our examinable topics, the entire relevant course syllabus (our prescribed readings, our lecture materials, and our tutorial materials) is potentially examinable, though you can use the amount of focus we have given to particular parts of our course as a guide to how important particular issues are likely to be.
Non-Examinable Content
Your exam will not cover:
. The Australian Legal System and Business Ethics
. The Law of Contract
. Consumer Protection
These topics have already been assessed via our in-semester assessments.
Please note that the following specific issues are also not examinable:
● The duty of care principles for acts causing mental harm, which are part of the Law of Torts; and
● The duty of care principles for acts causing pure economic loss, which are also part of the Law of Torts.
Please note, for the avoidance of any doubt, that the duty of care principles for negligent statements causing pure economic loss are potentially examinable.
Key Exam Details
The duration of the exam will be 2 hours and 10 minutes (130 minutes), unless you are registered with DSS and qualify for additional exam sitting time.
In your eExam, there is no separate reading or noting time. You may start writing and making notes once the exam commences. It is strongly recommended that you spend at least some time reading and planning first, before you start answering the questions.
You may make notes and highlight parts of the scenarios (using the built-in
highlighting functions on the eExam platform) before writing your answers. There is a "notes" section for each question, which is separate from the "answer" text box. Your answer must be typed in the "answer" text box for each question. Notes are for your own personal reference only, and are not taken into account when the exam is marked. Anything written in the notes section will not be marked and will not contribute to your final response.
Please note that it is an exam rule that you may not copy and paste into the answer text box. Your answers must be directly typed into the answer text box.
This exam information applies to both the primary exam, and the deferred/supplementary exam, with the possible exception of the number of questions and their weighting. If these details differ for the deferred/supplementary exam, students will be notified of this fact at a later date.