LST5CCL Company and Commercial Law Take Home Exam代写
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LST5CCL Company and Commercial Law Take Home Exam代写
LST5CCL
Company and Commercial Law
Semester 2, 2017
Memo for Final Take Home Exam
2
Table of Content
Due Date ..................................................................................................................................... 3!
Value .......................................................................................................................................... 3!
Style ............................................................................................................................................ 3!
Word Limit ................................................................................................................................. 3!
Format ........................................................................................................................................ 3!
References and Research ............................................................................................................ 3!
Bibliography ............................................................................................................................... 4!
Footnotes or Endnotes ................................................................................................................ 4!
Plagiarism, Collusion etc. ........................................................................................................... 4!
Submission Details ..................................................................................................................... 5!
Penalties for Late Lodgement ..................................................................................................... 5!
Special Consideration ................................................................................................................. 5!
Learning Objectives Assessed .................................................................................................... 5!
Marking Criteria ......................................................................................................................... 6!
Scenario ...................................................................................................................................... 7!
3
Due Date
The Final Take Home Exam is due on Monday, 23 October at 10.00. It can only be
submitted online through TurnItIn. Note that the system does allow for earlier submission.
Value
This assessment task is worth 60% of your result in the unit. Please note that there is NO
hurdle requirement for this assessment.
Style
The paper should be typed with 12 pt character – any fonts type - and 1.5 line spacing fully
justified paragraphs and 3cm margins on A4 pages.
Word Limit
Your word limit is 3,000 words including footnotes – if you ignore instructions – in TOTAL.
The title page will not be counted in the word limit. Please note that the +/- 10% is already
included in the word limit to make your life easier. This means that for every 300 words -
or part thereof – that you go beyond the word limit you will attract a penalty of 0.5 points.
This means you write 3,001 words, you get a penalty…!
Format
The first page is a title page which includes:
• your name;
• student ID;
• tutorial day & time;
• tutor’s name; and
• word count.
This is to be followed by the first page of the assessment (numbered pg 1 – the title page is
not numbered).
Your assessment must be ONE document only, preferably in .pdf format, but acceptable as a
.doc or .docx if you can't create a pdf. No other formats will be accepted.
References and Research
Cases can be referred to by just using the parties names, i.e. Donoghue v Stevenson or its
commonly used ‘nickname’ such as Snail in a Bottle. Make sure that we can identify the case
though.
Statutes can be referred to by their short name, i.e. Partnership Act or PA.
No other references are needed or should be used, in particular referencing powerpoints
or the textbooks is not acceptable. The only acceptable sources are cases and statutes for
this assessment.
Nevertheless students may wish to undertake further research. Indeed the extent and quality
of research into the principles, construction of relevant statutes, and academic commentary as
to the resolution of contentious issues may improve an answer’s capacity to reflect the
assessment criteria and performance expectations. In order to assist your research, should you
4
wish to undertake it, the recommended texts listed in the Subject Learning Guide might be a
good starting point. One word of caution for research – the internet - wikipedia and
google – as well as outdated textbooks have proven so far to be NOT recommendable for
this subject.
Bibliography
Note that NO bibliography or reference list is needed as the only sources you are allowed to
cite are cases and statutory provisions. However, if you feel the need to ignore these
instructions, you can compile either a bibliography or reference list. This list will NOT be
included in the word count.
Footnotes or Endnotes
Footnotes or endnotes are not permitted. If you are unsure about the appropriate writing style,
please consult our ‘Studying Business Law’ section on LMS.
Plagiarism, Collusion etc.
By submitting your work, you acknowledge that you have familiarised yourself with the rules
regarding academic integrity for student’s work at La Trobe University, see
http://www.latrobe.edu.au/students/academic-integrity
This means in particular that you acknowledge the rules on plagiarism, collusion and
cheating.
Plagiarism: means taking and using another person’s ideas or manner of expressing them and
passing them off as one’s own. For example, by failing to give appropriate acknowledgement.
The material used can be from any source (staff, students or the internet, published or
unpublished works).
Collusion: means unauthorised collaboration with another person on assessable written, oral
or practical work and includes paying another person to complete all or part of the work.
Cheating/ Writing Services: It has come to my attention that students passed on the mid
semester assignment to writing services which is now under investigation. Please note that
providing these services with the task and/or employing them to write the assignment is
serious academic misconduct and can result in cancellation of your enrolment.
In short, you acknowledge that:
1. The work is your own work.
2. You have not previously submitted all or part of this work for assessment in any
subject, unless the subject coordinator for the current subject (or your research
supervisor, if applicable) has given you written permission to reuse specific material
and you have correctly referenced the material taken from your own earlier work.
3. You have read and agree to be bound by the Statutes, Regulations and Policies of the
University relating to Academic Integrity available at
http://www.latrobe.edu.au/students/academic-integrity; and
4. You may be subject to student discipline processes in the event of an act of academic
misconduct by me including an act of plagiarism or cheating.
5
Submission Details
The Final Take Home Exam can only be submitted online through TurnItIn. Note that the
system does allow for earlier submission.
Penalties for Late Lodgement
IMPORTANT
Please note that according to the University’s policies a late submission of a final take home
examination is not permitted.
This means that if your assessment is submitted late without a special consideration you
will lose ALL points.
Special Consideration
The policy on late submission is available at
https://policies.latrobe.edu.au/document/view.php?id=148
Students should back-up their work in multiple ways to ensure issues of disk corruption and
loss of work are minimised. Extensions will not be granted for loss of work, disk corruption,
or internet connection problems.
The Special Consideration procedure is explained at http://www.latrobe.edu.au/special-
consideration. Make sure that you are eligible and are submitting all documents.
Learning Objectives Assessed
This assessment task is designed to test your achievement of assessing legal risks in the area
of Business Organisation and some limited non-contractual risks and obligations.
6
Marking Criteria
Very High
High
Pass
Low
Not shown
1. Interpretation
and Analysis
Fulfils the task and answers
correctly.
Fulfils the task and answers
mostly correctly.
Partially fulfils the task and
answers somewhat correctly.
Does not fulfil the task and
answers mostly incorrectly or vice
versa.
Does not fulfil the task and
answers incorrectly.
Identifies the salient case law
or statutory law.
Identifies most relevant case
law or statutory law.
Identifies some relevant case
law or statutory law.
Fails to identify salient case law
or statutory law.
Fails to identify or
dismisses relevant case law
or statutory law.
Identifies the salient
arguments for and against a
position.
Identifies most relevant
arguments for and against a
position.
Identifies some relevant
arguments for and against a
position.
Fails to identify salient arguments
for and against a position.
Fails to identify or
dismisses relevant
arguments for and against
a position.
2. Communication Appropriate use of discipline
specific language with sound
understanding of the
underlying concepts.
Use mostly discipline
specific language with
occasional
misunderstandings in the
understanding.
Use some discipline specific
language which is
sometimes incorrect.
Use some discipline specific
language albeit incorrectly, lacks
understanding.
Use mainly lay language
and understanding not
communicated.
Presentation format and style
engaging and highly
appropriate for the audience.
Presentation format and
style mostly appropriate for
the audience.
Presentation format and
style sometimes engaging
and appropriate for the
audience.
Presentation format and style
lacks engagement and is mainly
inappropriate for the audience.
Presentation and format
not engaging and not
appropriate for the
audience.
3. Structure Logical flow of ideas and
content in the right sections.
Mostly well structured and
content mostly in the right
section.
Used structure and content
sometimes in the illogical
area.
Used structure though contents
mostly in the wrong area.
Lack of structure.
Coherence between and within
sections.
Mostly coherent between
and within sections.
Some coherence between
but sometimes not within
sections or vice versa.
Some coherence between but
mostly not within sections or vice
versa.
Lack of coherence within
and between sections.
Title and headings are present,
clear, reflect on and relate to
each other.
Title and headings are
present and mostly clear,
reflect on and relate to each
other.
Title and headings are
present, but require some
refinement.
LST5CCL Company and Commercial Law Take Home Exam代写
Title and headings may be present
but require refinement and/or may
not relate to each other.
Title and headings are not
present.
4. Evaluation and
Conclusion
Thoughtfully evaluates
alternative points of view.
Offers evaluations of
alternative points of view.
Some evaluation of
alternative points of view.
Superficially evaluates alternative
points of view.
Ignores alternative points
of view.
Draws justified conclusions
based on clearly explained
reasons.
Draws justified conclusion
on mostly explained reasons.
Draws justified conclusions
based on some evidence.
Draws unjustified conclusions
based on little evidence.
Draws irrelevant or
unjustified conclusions.
Please note that the marking criteria do not carry equal weight. Furthermore, some of them might not be applicable to a particular question. So they are only indicative as to
how you went overall in the assessment task not a specific question.
7
Scenario
Make sure that you answer ALL questions
Mary, Fred and Chris agree to start a real estate business in Melbourne. Mary is a real estate agent, Fred
a tax consultant and Chris a lawyer.
In order to save money, they decide to keep it simple and just write down some rules of their agreement
on a serviette. They write that they agree to put equal money into the business and to share the profits
equally, and that everyone will be involved in the management of the business. They start their business,
which is to provide bespoke service to people wanting to enter into the property market. It becomes very
popular as all three are very passionate and know their business.
1a) Under what type of business structure are Mary, Fred and Chris running the business?
Give reasons for your answer; in particular support your answer by citing relevant cases and
statutes. (10 marks)
Fred also advises clients on the tax implications of any possible purchases. In January 2017, Fred
advises X who decided to purchase a property through the real estate agency on the tax implications of
purchasing the property. Unfortunately Fred made a mistake in his advice, as he was not on aware of the
latest ruling by the Australian Tax Office (ATO). The mistake was quite costly and X had to pay an
extra $15.000 in tax. If X had known this, X would have not purchased the property.
1b) Discuss whether Fred and/or his business partners are liable for the damages suffered by
the customer X? Please make sure that you only assess the legal risks under tort of negligent
misrepresentation. Also support your answer by citing relevant cases and statutes. (20 marks)
Without the knowledge or permission of Fred, X had passed on the tax advice to his best friend Y.
Based on the advice, Y decided to purchase a property as well but not through the business that Mary,
Fred and Chris are running. Naturally Y had to pay an extra $ 18.000 in tax because the advice was
incorrect.
1c) Discuss whether Fred and/or his business partners are liable for the damages suffered by
Y? Please make sure that you only assess the legal risks under tort of negligent
misrepresentation. Also support your answer by citing relevant cases and statutes. (10 marks)
The business has been mastering all challenges well so far and Mary, Fred and Chris want to take it to
the next step. For this they will need to raise capital. They want to limit their liabilities and also be able
to keep the number of investors small and if possible chose who can invest in the business.
2a) Under what type of business structure should Mary, Fred and Chris operate now? Again,
support your answer by citing relevant cases and statutes. (10 marks)
After several years Mary decides to leave the business and resigns. For years the business had then been
operating as a registered company with Mary, Chris and Fred being directors.
As a farewell present to herself, Mary decides to get a new car. She goes to the car dealership and tells
them to charge the company. The dealer checked the ASIC database online, which indicated that Mary
is indeed a director as ASIC had not been notified about the change. Mary has now left the country and
the dealer is pursuing the company for the debt.
2b) Does the business have to pay for the car under statutory rules? (10 marks)
LST5CCL Company and Commercial Law Take Home Exam代写
