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Business Law

The case of Commercial Bank of Australia Limited v Amadio (1983) 151 CLR 447, the High Court of Australia firmly established the concept of unconscionability in relation to the making of contracts with those considered to be at a disadvantage against a strong party.
Researching the topic requires you to go to the library to locate texts on it. You are expected to read at least three or four texts and possibly some journal articles, researching the topic thoroughly and gathering the necessary information on the topic. As you read try to gain a real understanding of the topic rather than just copy down slabs of the material. You need to be selective in your reading, only taking notes on the material relevant to the topic. Do not be hesitant about asking library staff to help you locate texts and journal articles.
Elements of the essay
The essay should have an introduction, a body and a conclusion.
Introduction: – provides background information
– arouses interest in the topic
– offers a viewpoint
– defines terms
– indicates overall structure and key areas to be discussed
Body:             – key areas of topic are presented in logical order
Conclusion:   –  summarises key points of body
–   restates viewpoint
–   future directions
It is acceptable to use headings, so you can break up your essay into sections with headings. You are required to write a logical and well-structured essay which includes a discussion of legal principles, relevant cases and, if required, statute law.

There is additional helpful information on writing the assignment on the website under the heading “Research Essay”.
When you commence work on the assignment (research essay) topic, the first step is to break it down into manageable parts. You need to understand exactly what the question on the topic is asking you to do. It is asking you to view the topic from a particular perspective. It is not
acceptable to just write everything you know about the topic without referring to the question. It is necessary to analyse the topic first and understand clearly what you are expected to do, otherwise, you will not be able to research the topic effectively, nor will you be able to write a successful essay on the topic.
To understand what the question is asking you to do, it is necessary to identify the key words and phrases which give you direction. It is also useful to underline them.  These words and phrases are:
•    process or directive words and phrases
•    content words and phrases
•    limiting words and phrases
process or directive words
These words indicate the way that the question should be answered. In essay questions, you could be asked to critically analyse, to assess, to compare, to discuss, to evaluate, to outline and so forth (for more examples of directive words, refer to Appendix A on p.229, Crosling
and Murphy, How to Study Business Law, 3rd edition). Students often overlook these words and end up not really answering the question.
Content words and phrases
These words and phrases identify the focus of the question. They tell you what the question is about and give information on the topic.
Limiting words and phrases
These words and phrases limit the aspects of the topic which you have to discuss when answering the question.
Note: Quite often, content words/phrases are also limiting words/phrases.
Furthermore, when you are reading and trying to understand what the question is asking you to do, make sure you check the meaning of any words you do not understand.
The following example is provided to illustrate the process which has been outlined above. Study it carefully.
Outline the historical evolution and current trends in the development of unconscionability in the law of contract.
Process or directive word – Outline (this means to give the main features or general principles of unconscionability).
Content words/phrases – historical evolution, current trends, unconscionability, law of contract.
Limiting words/phrases – historical evolution, current trends.
This question requires you to trace the history of and to describe the present trends in the area of unconscionability in contract law. If you are not sure what unconscionability means look it up in a legal dictionary.
Before reading on the topic of unconscionability, it is a useful procedure to develop a plan for the essay.

This helps: –
•    to clarify the issues which the question is asking you to focus on;
•    to create a structure for your response to the question; and
•    to focus your reading on the topic.
Of course, after reading on the topic, this plan may need to be modified.

A plan for a typical topic could be: –
Introduction:
•    define any terms or words used in the topic;
•    offer an opinion/viewpoint on the area of law covered by the topic and the direction in which the law is heading
•    indicate structure of discussion
Body:
•    Historical background;
•    discuss the development of the relevant law ;
•    Current trends in the relevant area of law (main focus)
•    Discussion would include recent developments in the common law (judge-made law) and provisions in relevant legislation (eg. Competition and Consumer Act).

•    Conclusion:

•    sum up key points
•    express opinion/viewpoint resulting from discussion
•    future directions

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