MLC101: Shabna Chan Case Study - Solar Cycles Ltd. (SCL) - Law Assignment Help

Assignment Task

Overview of this assessment
Your task is to provide analysis and evaluation of the legal issues posed in the case study (HFS), drawing on the legal principles covered in Topics 3-5(for scenarios one and two) and the effect of international legal instruments on commercial practises in Australia (for scenario three), derived from your own independent research. Scenarios one and two are based on your course materials fromTopics 3 to 5 (you will need to determine which topicsare relevant to each HFS), however further research (beyond the textbook) will most definitely enhance the quality of your submission. If you wish to score a very high grade for this assessment, it is strongly advised that you look beyond the course materials.  Scenario threeis completelyresearch based (as there are no international law/ethics topics in the unit).  You must correctly reference for this assessment, however, please do not reference powerpoints, the study guide or the textbook. Cite cases, legislation, and international legal instruments and principlesin full – you need not cite the source of the case or legislation (for example if you research the facts from another textbook or article).Your answer to all the scenarios must be researched and referenced using the Deakin Harvard style of referencing.

The word count for this assessment is 1500 words (including headings, sub-headings and in-text citations, but DOES NOT INCLUDE references). There is a +10% leeway. In other words, please ensure the maximum word count is 1650 and you are not under 1350.Submissions outside the word count leeway may be penalised. 

Ensure that you read all of the instructions contained in this document.
Case Study: The Power of Love and the Sun

Scenario 1

Ronald Chan is a very wealthy property developer, who owns a large construction company in Melbourne.  After separating from his wife of 30 years, Chan befriended a young Kenyan lady, Natalie Awiri, living in Nairobi, online via a dating app, in July of 2018.  Natalie was only 25 years old, from a relatively poor family, and had only completed high school education.  She only had a basic grasp of the English language.  Despite this, their relationship blossomed over the course of a year, and Chan decided that he was ready to begin a new life with Natalie.  Natalie relocated to Melbourne in August of 2019, with the wedding set for January, 2020.  In December, 2019, only four weeks from the wedding day, Chan told Natalie that they needed to visit his lawyer to sign an agreement, explaining to Natalie that if she did not agree to signing the documents, that the wedding would not go ahead.  The following day Chan took Natalie to a different lawyer to view the agreement.   The lawyer advised Natalie at that time that she should not sign the agreement, because it would provide little benefit to Natalie if she were to divorce Chan.  Natalie, being far away from her country and family for the first time in her life, felt that she had nochoice but to sign the agreement; especially with the wedding now only a matter of days away, all her immediate familyarriving in Melbourne in the coming days,and some 300 guests invited for the wedding.  She signed the agreement and the wedding went ahead.  Six months into the marriage, their relationship has now broken down, and Natalie has come to you for advice on the validity of the pre-nuptial agreement.  She reveals to you that she also signed a similar document three weeks into her marriagewith Chan, after he locked her in a room and threatened not to let her out unless she signed.   

Scenario 2
The Smiths engaged Chan Constructions Pty Ltd. (CCPL) to build three townhouses in Mitcham. The contract was made under theDomestic Building Contracts Act 1995 (Vic) (DBCA). Over the course of the first 5 months of construction, the Smiths requested variations to the contract, which were agreed to by CCPL.  One of the variations was that all three townhouses were to have large living room windows facing just south of due east, to catch the morning sun.  When the Smiths went to visit the property, they noticed that some of the variations (including the large window variation) that they had requested had not been properly observed.  They sought legal advice and decided that CCPL, by not following their instructions, were now in serious breach of contract.  The Smiths decided that due to CCPL’s breach, that they would like to hire a new company to complete the construction, so they informed CCPL that they (the Smiths) were repudiating the contract immediately.  CCPL contact you for legal advice on whether they (CCPL)were in breach of contract for the window placement, and whether the Smiths were allowed to repudiate the contract on this basis.   CCPL want to know if CCPL can claimfor the variation work that they had completed, especially since they had spent more money on the variations by comparison to the original contract. 

Scenario 3

Shabna is a part owner and manager of Solar Cycles Ltd. (SCL),a solar panel installation and service company in Adelaide.  SCL sources its solar panels and converters from two overseas suppliers, one from Vietnam (Hanoi Solar Co.)and the otherfrom China (Zhejiang Sunlight Energy Co.).   When visiting Hanoi on a recent business trip to meet her suppliers, Shabnabecame aware of current news reports of protests occurring outside Hanoi Solar’s solar panel factory.  Local environmental activists were protesting in relation to the dumping of toxic materials into a local river system, which was now affecting downstream water systems, including water for local agricultural farming purposes.  The panels from Hanoi Solar are significantly cheaper than those produced by Zhejiang Sunlight Energy, but are also comparable in quality.  Zhejiang Sunlight Energy has performed consistently as one of the most environmentally and sustainable panel manufacturers globally.  Shabna hasbeen under pressure by the other owners of SCLto keep costs down, so she is conflicted about the situation.  She understands her responsibilities to the company’s other shareholders but also feels like she has an ethical responsibility to her business partners and customers.  

Imagine that you work for Global Compact Network Australia, and are presenting to small to medium size businesses (SMCs) in Adelaide.Drawing on your experience and understanding of the Ten Principles of the UN Global Compact, how would you adviseShabna’sabout her situation.More specifically, which Principle would you advise Shabna pay specific attention to, when Shabna asks you how she should approach Hanoi Solar Co. about their manufacturing processes.

Please cite specific aspects of the principles and the related Declaration in your advice. (5 marks)

Note: Research is required for this scenario. The course materials WILL NOT be sufficient to complete an answer for this scenario because of the global perspectivescomponent, which is not taught formally.  This particular question focuses specifically on ULO4 – which requires students to recognise that international legal standards have a bearing on commercial practises in Australia.

Guidelines for Completing Assessment 2
The objective of this task is to provide you with another opportunity to formalise a written answer to a legal problem (HFS), albeit at a more advanced level, with an expectation of legal research. This assessment is the second step in acquiring the skill of legal argumentation, which is set as a discipline-specific skill with which to enhance your writing abilities, as well as to provide a deeper understanding of the workings of law for commerce.   It is important that your discussion focuses on analysing the facts of the hypothetical problem and applying the law to those facts. Marks will be awarded:
• For your identification of the issues and the material facts that are relevant to those issues; 
• Your identification of the law (cases are central, but you may consider legislation and legislative provisions for scenarios 1 and 2;and for the third scenariointernational legal instruments are required) that applies to those facts and issues; and 
• Most importantly, the application and analysis of the law as it applies to those facts and issues. Generalised statements of legal principles – that is, those that are not sufficiently relevant to the facts – will attract limited marks only;
• A conclusion, which is either certain, or dependant on the facts of the scenario, uncertain.  In other words, if you are unable to conclude with certainty, please explain why.  
There is a research component to this assessment (all scenarios require research beyond the course materials to excel, and scenario three is almost purely research based). You are expected to conduct your own research on the case study scenarios. There is no minimum or maximum number of resources that you must include,but all material must be correctly referenced according to the Deakin Harvard style of referencing.It is NOT about how many references you use, but rather the relevance and quality of those references that you select.  It is once again emphasized that you need not reference the textbook, study guide, class lecture slides, or materials provided by your seminar tutor. 
In searching for cases, either using Westlaw or Lexis Advance, you are advised to consider First Point (Westlaw) or CaseBase (Lexis) rather than consider the decisions in full.  The cases can be extremely complex so it is not expected that you consider the cases in their entirety, but rather the relevant legal principles from the cases that apply to the related topics assessed (Topics 3-5). 
 

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