Assessment 4: Mid-session Exam (Online) (20%) – Problem Question

Assessment 4: Mid-session Exam (Online) (20%) – Problem Question


The mid-session Online Exam requires students to undertake a problem-solving task on the topic of Negligence (Modules 5 and 6). The exam is worth 20% of your overall mark for the Unit. The word limit is 1500 words.


This exam will be based on Negligence (Modules 3 and 4). Negligence will not be re-examined in the final exam. The focus of the exam is on identification of legal issues that arise from common business scenarios and on conducting your business in a way that complies with any relevant legal requirements. You will be assessed on your ability to identify legal issues and to explain an appropriate business response to the situation. Revision materials will be available on vUWS prior to the exam.


200909 Enterprise Law – Autumn 2017/Section Two

You may cite legal materials, such as cases and legislation, to show how you support your argument and this may improve your mark if done accurately. However, it is not a strict requirement in order to pass this exam.

¦Online Exam dates

    • ·  Question will be released on vUWS at 9.00am on Friday 21 April 2017.
    • ·  Answers are due on or before Monday 24 April at 10.00pm (sharp). Answers must be submitted through Turnitin – no other submissions will be accepted, including hard-copy answers.

How does an online exam differ from a formal exam?

    • ·  Timeframe – there will be a set window of time (several days) in which to complete the exam.
    • ·  Turnitin – delivery through Turnitin is required for all exams conducted online – no other form of

submission of answers will be accepted (including hard-copy / printed answers). Only one

submission will be accepted.

    • ·  Further instructions and advice about the exams will be available on vUWS during session.

Other advice

      • ·  Use headings to structure your answers.
      • ·  Practice using the revision materials available on vUWS prior to the exam
      • ·  Take time to edit and proofread your answers as many times as you can (at least a few times is

recommended). Written expression should be of a higher, more ‘finessed’ standard than would ordinarily be acceptable for a formal (regular) exam.

Academic misconduct warning

    • §  The Academic Misconduct rules (see below) apply to exams, just as they do to interim assessments (essays, etc.).
    • §  In particular be very careful about collusion – you should avoid discussing possible answers directly with any other students or working together too closely. You must each ensure that all words you submit to Turnitin as your final answer are entirely your own work, written by yourself.
    • §  Quote marks must always be used for any words copied from another source (beyond a few words or commonly used legal expressions of course) and the correct source provided in either a footnote or in round brackets in the text with the full reference given in end-notes (Harvard- style referencing).
    • §  Any instances of plagiarism and collusion will be treated seriously in this Unit and particularly in this form of exam.

Submission requirements

Word length A word limit of 1,500 words has been set, which excludes footnotes, titles and headings. The word limit will be strictly enforced. There will be a 1 mark penalty for every 100 words in excess of the word limit – or part thereof. For example, an essay that is 1,851 words long will be deducted 4 marks. Please remember that this exam has been structured so that a well-considered and scholarly written answer may be achieved within the prescribed word limit. Placing extra text into the footnotes to avoid the word limit is not allowed – large amounts of footnote material that take the paper over the word limit will not be marked.
Format There are strict formatting requirements with which students are required to comply. The unit coordinator reserves the right to refuse to mark exams that are not submitted in accordance with formatting requirements:

§ Do not manipulate the margins of the page.
§ Conform to a standard size and type of font such as 11-12 point fonts in Calibri,


200909 Enterprise Law – Autumn 2017/Section Two

Arial or Times New Roman.
§ Ensure your full name and student number appears on the footer of each page. § Your document must be submitted as a Word document (NOT .pdf).
Referencing While legal authority is not a requirement to pass this exam, if you do include accurate citation of legal authorities it may improve your overall marks. If you include referencing in your exam answers, it should be done in an appropriate business referencing style. Footnotes may be used instead of Harvard style referencing but, whichever style is chosen, it must be used consistently throughout your answer.
Electronic submission/ Turnitin You are required to keep a hard copy and electronic copy of all written work that you submit. The exam must be submitted electronically via the Enterprise Law Turnitin link on the vUWS site for this unit (go to the Assessments area of the site). Please read the Turnitin Instruction Manual prior to submission. Students may not hand in hard copies. No other method of submission will be accepted apart from Turnitin. Further information in regard to the submission may be posted in the assessment area of the vUWS page as necessary. Students will only be given one opportunity to upload their answer.
NO Cover sheet Please do NOT affix an Assignment Cover Sheet to your answer. By uploading a submission into Turnitin you certify that: (1) you hold a copy of the exam, if the original is lost or damaged; (2) no part of the exam has been copied from any other student’s work or from any other source, except where due acknowledgement has been made (e.g., by use of quote marks + a reference to the source); (3) no part of the exam has been written/produced for you by any other person; and (4) you are aware that your work may be reproduced and submitted to plagiarism detection software programs for the purpose of detecting possible plagiarism which may retain a copy on its database for future plagiarism checking.
Late submission Late exams must be submitted to the Late Enterprise Law Online Exam Turnitin link on the vUWS site for this unit. No other method of late submission will be accepted.

A student, who submits a late exam without approval for an extension, will be penalised by 10% per day up to 10 days, i.e., marks equal to 10% of the assignment’s weight will be deducted as a ‘flat rate’ from the mark awarded. For example, as the exam has a possible highest mark of 20, the student’s awarded mark will have 2 marks deducted for each late day. Saturday and Sunday are counted as two days. Late exams will not be accepted after the marked exams have been returned to students who submitted the task on time.

Extension of due date for submission The exam is to be submitted via Turnitin by the due date and appointed time. Extensions will only be granted in the event of serious illness or serious misadventure (proved to the satisfaction of the unit coordinator) that prevents you from completing the assessment by the due date. The student must attach all work done to date with their application.

Details on applying for extensions or special consideration, and links to eForms, are set out below.

Resubmission There are no resubmissions of exams or other work in this Unit.

Marking criteria and standards

CRITERIA CLEAR FAIL (0-39) FAIL (40-49) PASS (50-64) CREDIT (65- 74) DISTINCTION (75-84) HIGH DISTINCTION (85-100)
Identification of legal issues: What parts of the questions raise legal issues for business Very few or no issues correctly identified; potentially serious errors. Some issues correctly identified but not enough for a pass; significant incorrect issues. Most issues correctly identified; few if any incorrect issues. All central / main issues correctly identified; no incorrect issues. All central / main issues correctly identified and consideration given to some more difficult aspects. All issues correctly identified, including difficult / advanced aspects.


200909 Enterprise Law – Autumn 2017/Section Two

CRITERIA CLEAR FAIL (0-39) FAIL (40-49) PASS (50-64) CREDIT (65- 74) DISTINCTION (75-84) HIGH DISTINCTION (85-100)
people, and what are those issues?
Knowledge of topic content: Have you explained the relevant principles and tests? Have you cited any authorities? Insufficient knowledge of the subject, with significant errors, gaps or signs of confusion. Few or no principles or tests discussed Demonstrate s some knowledge of subject but there are also some errors, gaps or signs of confusion, such that a pass is not warranted. Sound work with reasonable knowledge of the topic, and a secure understandin g of the basic principles and tests. Reasonably comprehensi ve knowledge of the content, inlcuding the relevant principles and tests. Some legal authorities may be cited (accurately). Considerable knowledge and understandin g of the topic with thorough coverage of principles and tests, with some raised by more difficult aspects of the question. Some legal authorities should be cited (accurately). Thorough knowledge and understandin g of the subject content, full coverage of principles and tests, including those raised by more difficult aspects of the question. Legal authorities should be used accurately at this level.
Application of legal principles and tests to the facts of the question. Are your overall answers accurate / correct? No real attempt at application. Some application, but not enough for a pass Reasonable standard of application. Answer goes beyond ‘standard’ answers in terms of its application. Answer clearly applies the principles and tests to the facts of the question to produce a convincing overall argument. Answer applies the principles / tests to the facts of the question in a highly convincing manner with unusually insightful responses.
Quality of English writing Unacceptable – very poor standard of written expression; meaning of most answers unclear. Standard of written expression should be improved; meaning of some responses or sections not clear. Acceptable standard of written expression. Meaning is fairly clear and able to be understood throughout most of the paper. Above average standard of written expression throughout. Meaning can easily be understood throughout the paper. A high quality answer in terms of written expression – no grammatical or other errors should be present at this level. Answer is of a very high standard in terms of expression, with an accomplished style that is clear and engaging to the reader.


200909 Enterprise Law – Autumn 2017/Section Two

For students enrolled in a Bachelor of Business course- This task also assesses your performance on course learning outcomes relating to writing and referencing, at an introductory level. The following criteria and standards applying to this aspect of the assessment:

CLO 1.1-1.4 Expectations not met Meets expectations Exceeds expectations
1. Structure and

organise writing

o   §  Disjointed and poorly sequenced paragraphs and ideas make reading and comprehension problematic.

o   §  Key issues are not identified.

o   §  Text is repetitive.

o   §  Text has unclear focus.

o   §  Paragraphs and ideas are logically organised to form an integrated whole.

o   §  Text has clear focus with minimal repetition.

o   §  Key issues are logically and clearly presented.

o   §  Focus of text is immediately apparent.

o   §  Arrangement of paragraphs and ideas constitutes a smooth flow from issues to conclusions and builds and maintains the interest of the reader.

2. Use words and sentences to persuade or communicate intended meaning in writing o   §  Choice of language fails to make meaning clear or impedes understanding because of errors in usage.

o   §  Sentences are simplistic and disjointed.

o   §  Text does not clearly articulate an argument or a cogent conclusion.

o   §  Text has many spelling and grammatical errors.

o   §  Choice of language is effective in articulating an argument and a conclusion, or communicating intended meaning.

o   §  Text is characterised by competent use of language and varying sentence structure.

o   §  Meaning is clear and unambiguous.

o   §  Minor spelling and grammatical errors are evident in the text.

o   §  Choice of words and sentence structure is precise and compelling and demonstrates outstanding command of discipline-specific language skills.

o   §  Text uses fluent and accurate language to articulate its purpose.

o   §  Spelling, grammar and syntax are error-free.

3. Use writing style and layout appropriate to purpose, context and audience § Use of language and/or layout indicates minimal attention has been paid to the context, audience and purpose of the assigned writing task. § Use of language and layout indicates adequate consideration has been paid to the context, audience and purpose of the assigned writing task. § Use of appropriate layout and discipline-specific language indicates a comprehensive understanding of the context, audience and purpose of the assigned task.
4. Use relevant sources and correct referencing in written work o   §  Sources are not appropriately identified and acknowledged.

o   §  Text demonstrates little or no evidence of crediting.

o   §  Sources are generally identified and acknowledged with some minor inaccuracies in referencing.

o   §  Text shows some evidence of referencing.

o   §  Sources are well-chosen and are accurately identified and acknowledged in the approved referencing style.

o   §  Text shows evidence of thorough and comprehensive editing.

o   §  The level of presentation meets the professional standards of the discipline.

Return of marked exams

The Online Exam will be marked using Grademark and returned through Turnitin with marks, feedback (suggestions for improvement for the final exam) and indications of performance against the criteria and standards set out above. Given the large number of students in this unit, it is expected that the results for the Online exam will be released before the last week of tutorials, but


This table is relevant to Bachelor of Business (course 2786) Students only.

200909 Enterprise Law – Autumn 2017/Section Two

that it could take several weeks to mark. You will be kept advised regularly on vUWS about the progress of this process (ie, please refrain from asking your tutor or emailing about this, if you possibly can!). Please bear in mind that marking and moderation for law-based papers is very time- consuming – much more so than for some other units / types of assessment and we need time to provide meaningful feedback for you, particularly as to suggesting improvements for the final exam, so we appreciate your patience while we complete this task.


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