The approach of the Australian courts to award damages to compensate for loss encourages the practice of ‘efficient breach’. Discuss in relation to the decision in Tabcorp Holdings Ltd v Bowen Investments [2009]
Assessment Task 3
Short Written Response – 800 words maximum

 

Footnotes and bibliography are not included in final word count and must be used for referencing only. Additional information in footnotes will not be marked.
20%
 
N/A
Task requires students to discuss theory/critical perspective in regard to a legal principle and/or a court decision.

 

Students must:

·       Identify focus and outline claim/respond to issue(s) raised

·       Include appropriate and sufficient evidence to support claim/response and demonstrate understanding of theory and legal principles  

·       State a conclusion which is clear, supported by discussion and responds directly to issue(s) raised

·       Ensure answer is well structured and language, grammar and expression are clear and correct

·       Ensure citations and referencing complete and correct, bibliography included

Prescribed Reading Materials:

Weeks 4 and 5, this includes PERCI and unit materials such as readings, powerpoints and the recordings of the relevant guided learning discussions.

 

Assistance:

There are sample Short Written Response answers in PERCI Week 4 and Week 5. Seek assistance and feedback from the facilitator(s) in the facilitated learning discussions.
 

Assessment Question

 

The approach of the Australian courts to award damages to compensate for loss encourages the practice of ‘efficient breach’.

Discuss in relation to the decision in Tabcorp Holdings Ltd v Bowen Investments [2009] HCA 8; (2009) 236 CLR 272

 

 
Individual Feedback will be provided via Turnitin as per Rubric in Assessment Task Tab.
Focus/Issues – 20%

Identifies issues raised by the question. Responds to question/claim. Focus throughout on developing claim/topic.

Support/Evidence/Argument – 50%

Includes appropriate evidence to support the claim/topic.   Provides explanation of relevant theories and/or legal principle(s) and/or court decision. Uses appropriate evidence to develop and support claim.

Conclusion – 10%

Conclusion consistent with, and clearly drawn from, the discussion and responds to the claim/topic.

Structure, Writing, Grammar – 10%

The paper demonstrates a clear and logical structure, appropriate academic writing style, and is free of grammatical and spelling mistakes.

Citations and referencing – 10%

The citations and referencing style accord with the AGLC 4th ed. Bibliography included and correct.

See Full Rubric in Assessment Task Folder.