INSTRUCTIONS: COMPULSORY ONLINE TEST 2

These instructions contain essential information that you will need to be aware of ahead of
sitting Compulsory Online Test 2. Please read these instructions carefully.

Test 2: Key information

Test 2 is worth 25% of your final assessment, and it is marked out of 25. 15 marks come
from multiple choice questions (15 questions worth 1 mark each), and 10 marks come from
hypothetical legal problem questions (two questions in total, one worth 4 marks, and one
worth 6 marks). Your multiple choice questions will ask you to select one response (A, B, C,
or D) and they will have one correct response. If you feel that more than one response is
correct, please select the most correct response. Your hypothetical legal problem questions
will require written answers, that are to be typed in answer boxes.

Test 2 opens at 9AM (AEST) on Tuesday 26 April, and closes at 11:59AM (AEST) on
Wednesday 27 April. This test window is during Week 8. Please take careful note of time
zone conversions if you reside outside of Melbourne. Please also note that AEST time
zoning applies to any extensions of the test window granted via special consideration. Please
also note, in particular, that Test 2’s test window occurs across different days of the
week, as compared to Test 1.

Test 2 covers Topic 2: The Law of Contract (the second, third, and fourth weeks of our
contract law materials: everything except Contract Formation: Offer and Acceptance, that
was covered in the first week of our contract law materials). This is the material that we
cover in our Week 3 to 5 lectures, and in our Week 4 to 6 tutorials. Your test will cover a
range of materials from these Topics. All materials covered in your prescribed readings,
lectures, and tutorials for these Topics is potentially examinable. For the avoidance of doubt,
formalities, genuine consent, capacity, and legality are not part of our examinable
materials. In addition, promissory estoppel is not examinable.

The test duration is 90 minutes. You can choose the time that you will sit the test, within the
test window. You will have 90 minutes to sit the test, provided that you start your test at least
90 minutes before the test window closes. If you start your test with less than 90 minutes left
in the test window, you will only have that shorter amount of time available.

Your test time will start to count down when you launch Test 2 for the first time. You cannot
pause or stop the countdown, even if you temporarily exit the test.

There is no separate reading time.

If your test duration expires and you have not pressed submit, your test attempt will be
automatically submitted: you will not lose your answers. If you finish Test 2 before your 90
minute test duration expires, you can press ‘submit’ in order to finalise your test attempt at
that earlier time.


Administration of the test

Test 2 will be conducted online via the Business Law Moodle site. The link will be made
available on Moodle under the Assessment tile. It will appear immediately below the Moodle
book titled ‘Access Compulsory Online Test #2 information here’, early in the week in Week
8 (ahead of the test window opening). The link will be called ‘COMPULSORY ONLINE
TEST 2’.

Test 2 will not be conducted during tutorials.

Failure to sit the test, including as a result of not being aware of the test window, not realising
that Test 2 occurs on different days of the week as compared to Test 1, and miscalculating
time zone conversions, will result in zero marks being awarded for this assessment task. The
only exception is where special consideration has been granted. Please read the test window
times carefully: to reiterate, misreading the test’s opening or closing times (or
miscalculating time zone differences) are not grounds for the granting of special
consideration.

Using the Moodle Quiz test software

When completing Test 2, you will use the Moodle Quiz software. You must use the
navigation prompts/buttons on each page in the test, and/or use the Quiz Navigation panel
(which appears on the right hand side of the page) to move between questions and navigate
the test.

Do not use your browser navigation buttons (ie. back, forward, refresh, etc) to navigate the
test. This may interfere with your responses being properly captured by Test 2.

Do not assume that you can write your answers in a word processor and then copy and paste
them into the answer box in the Moodle Quiz. Your Moodle Quiz does not use a locked-
down browser, however students have occasionally encountered technical difficulties when
trying to do this, and as a result, they have not been able to transfer their answers into the
answer box. They have sometimes lost a significant number of marks as a result. To avoid
this, please type your answers directly into the answer box.

You are permitted one attempt at Test 2.

Permitted materials and referencing requirements

Test 2 is an open book test.

You may refer to your textbook, and any other unit materials, during the test. This includes,
but is not limited to:
 Textbooks (which can be hard copy or electronic, and which can be highlighted,
annotated, and contain tabs);
 Handwritten or typed notes (which can be in any format, and which do not need to be
bound or contained in a single volume);
 Lecture slides or other resources from Moodle;
 Tutorial questions, notes, and answers;
 Dictionaries (including general and legal dictionaries, and single purpose electronic
dictionaries);
 Concept maps;
 Flow charts; and
 Case summaries.

You may refer to both printed materials and electronic resources while completing Test 2.
This includes the eBook version of your textbook, and soft copies or electronic versions of
the items listed above. The most important thing, from a practical point of view, is to ensure
that your material is organised in a way that is manageable during the test: so that you are not
wasting time looking for things. Consider how useful your material is for test purposes.

Note that open book exams do not guarantee a pass. The emphasis is on conceptual
understanding and the application of knowledge: not just recall or rote learning. You can’t
look up the application of the law to the particular facts that have been presented in a
hypothetical legal problem question. You need to understand the law well enough to show
how it works in relation to the scenario you are given, and what the likely legal outcome is.
Please make sure that you study and prepare well for the test.

When answering hypothetical legal problem questions, you need to fully explain your
answers, and refer to relevant sources of law (case law and/or legislation). It is insufficient to
refer to legal rules or principles in the abstract. Cases can be referred to (called ‘citing’ the
case) as establishing a legal rule (which you then apply), or they may instead demonstrate
how an existing legal rule has been applied. You must include a reference to the name of the
case as authority for the legal rule you are referring to, or the argument you are making.

Referring to a case or legislation in answering a hypothetical legal problem question is called
‘citing’ the law. You do not need to give full/formal citations (ie. citations in accordance
with a particular style guide) in a test, which is a different situation to other legal assessments
that you might encounter in other law units. In Test 2, referring to the case name or
legislation title (with relevant section/s) is sufficient (eg. Hadley’s Case, or Hadley v
Baxendale). Abbreviations for legislation are sufficient, provided that it is clear which source
of law you are referring to. Please see the Frequently Asked Questions tile on Moodle for
more detail.

Academic integrity

Although Test 2 is an open book test, it remains an individual assessment. You must work
alone, and submit your own answers. It is perfectly fine for you to work in a study group to
prepare ahead of your test, but working with other students (or anyone outside of the class)
during the test itself is a serious breach of academic integrity. Academic integrity breaches
(including colluding with others, and plagiarising) will be taken extremely seriously and will
be reported when detected. Severe penalties may apply, which include exclusion from
Monash University.

You must not discuss Test 2 questions or answers with other students until after the test is
closed and after feedback has been released. Please keep in mind that students may be sitting
the test after the regular test window is closed, if they have been granted special
consideration.

Students registered with Disability Support Services

If you are a student registered with DSS, any approved accommodations regarding your test
time will be automatically implemented, and will be confirmed by email via the central
Business Law email account.

More complex accommodation issues will be implemented after consultation with students,
again by email via the central Business Law email account.