LST5CCL
Company and Commercial Law
Semester 1, 2018
Memo for Final Take Home Exam
Company and Commercial Law
Semester 1, 2018
Memo for Final Take Home Exam
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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
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
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Due Date
The Final Take Home Exam is due on Tuesday 12 June 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 as you should not have footnotes or end notes – 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 that if you write 3,001 words, you will 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 party’s 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 power points 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
Due Date
The Final Take Home Exam is due on Tuesday 12 June 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 as you should not have footnotes or end notes – 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 that if you write 3,001 words, you will 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 party’s 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 power points 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
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criteria and performance expectations. In order to assist your research, should you 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: Please note that providing writing 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.
criteria and performance expectations. In order to assist your research, should you 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: Please note that providing writing 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.
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Submission Details
The Final Take Home Exam can only be submitted online through TurnItIn. Note that the system does allow for earlier submission. Please note that you are not receiving a similarity report, only the teaching team will have access to it. Make sure that you are submitting the correct file. Mistakes will be costly this time as we will not chase you up on this nor are late submissions possible.
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 having been lodged, you will lose ALL points, see s 3(9) Assessment (Late Submission of Tasks) Policy.
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 through this online portal in time. Do not email your tutor, lecturer or subject coordinator, you have to request a special consideration ONLINE.
Learning Objectives Assessed
This assessment task is designed to test your achievement of assessing legal risks in the area of Business Organisation and some contractual and non-contractual risks and obligations.
Submission Details
The Final Take Home Exam can only be submitted online through TurnItIn. Note that the system does allow for earlier submission. Please note that you are not receiving a similarity report, only the teaching team will have access to it. Make sure that you are submitting the correct file. Mistakes will be costly this time as we will not chase you up on this nor are late submissions possible.
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 having been lodged, you will lose ALL points, see s 3(9) Assessment (Late Submission of Tasks) Policy.
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 through this online portal in time. Do not email your tutor, lecturer or subject coordinator, you have to request a special consideration ONLINE.
Learning Objectives Assessed
This assessment task is designed to test your achievement of assessing legal risks in the area of Business Organisation and some contractual and non-contractual risks and obligations.
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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.
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.
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.
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.
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Scenario
Make sure that you answer ALL questions
Julio, Carolyn and Trisha meet each other while studying at La Trobe University. They decide to go into business together called Finance R’Us. Their plan is to provide different types of financial advice to their clients. Julio specialises in tax advice, Carolyn has a passion for accounting and Trisha knows the ‘ins and outs’ of investment. 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. Still they are a bit short on money so Julio’s sister, Sarah, is happy to come in and provide a loan of $40,000 for which she will receive 2% of the net profit over 5 years. She is only interested in helping her brother and his friends out, she is more of an artistic nature and thus not interested in the business. They start their business, which is to provide bespoke financial services. It becomes very popular as all three are very passionate and know their finance areas well.
1) Under what type of business structure is this business running? Furthermore look at everyone who might be involved in this business, i.e. Julio, Carolyn, Trisha and Sarah and discuss their status in regards to the business. Give reasons for your answer; in particular support your answer by citing relevant cases and statutes. (10 marks)
Julio advises a client, X, in writing on the tax implications of the purchase of a certain real estate property. Unfortunately, Julio made a mistake in his advice as he was not on aware of the latest ruling by the Australian Tax Office (ATO). Because of this error, X had to pay an extra $15,000 in tax because the advice was incorrect.
2) Discuss whether Julio and/or his business partners are liable for the damages suffered by X? Please make sure that you only assess the legal risks under contract.
Also support your answer by citing relevant cases and statutes. (20 marks)
Without the knowledge or permission of Julio, X had passed on the written tax advice to his best friend Y. Based on the advice, Y decided to purchase a property as well. Naturally Y had to pay an extra $15,000 in tax.
3) Discuss whether Julio 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. (20 marks)
In order to manage their business risks better, Julio, Carolyn and Trisha want to make changes to how they are operating their business.
4) What are their options? Think about whether they
• can change something in their procedure when giving written advice; • can make their responsibilities clearer; or • have to change their business structure.
Give reasons for your answer; in particular support your answer by citing relevant cases and statutes. (10 marks)
Scenario
Make sure that you answer ALL questions
Julio, Carolyn and Trisha meet each other while studying at La Trobe University. They decide to go into business together called Finance R’Us. Their plan is to provide different types of financial advice to their clients. Julio specialises in tax advice, Carolyn has a passion for accounting and Trisha knows the ‘ins and outs’ of investment. 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. Still they are a bit short on money so Julio’s sister, Sarah, is happy to come in and provide a loan of $40,000 for which she will receive 2% of the net profit over 5 years. She is only interested in helping her brother and his friends out, she is more of an artistic nature and thus not interested in the business. They start their business, which is to provide bespoke financial services. It becomes very popular as all three are very passionate and know their finance areas well.
1) Under what type of business structure is this business running? Furthermore look at everyone who might be involved in this business, i.e. Julio, Carolyn, Trisha and Sarah and discuss their status in regards to the business. Give reasons for your answer; in particular support your answer by citing relevant cases and statutes. (10 marks)
Julio advises a client, X, in writing on the tax implications of the purchase of a certain real estate property. Unfortunately, Julio made a mistake in his advice as he was not on aware of the latest ruling by the Australian Tax Office (ATO). Because of this error, X had to pay an extra $15,000 in tax because the advice was incorrect.
2) Discuss whether Julio and/or his business partners are liable for the damages suffered by X? Please make sure that you only assess the legal risks under contract.
Also support your answer by citing relevant cases and statutes. (20 marks)
Without the knowledge or permission of Julio, X had passed on the written tax advice to his best friend Y. Based on the advice, Y decided to purchase a property as well. Naturally Y had to pay an extra $15,000 in tax.
3) Discuss whether Julio 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. (20 marks)
In order to manage their business risks better, Julio, Carolyn and Trisha want to make changes to how they are operating their business.
4) What are their options? Think about whether they
• can change something in their procedure when giving written advice; • can make their responsibilities clearer; or • have to change their business structure.
Give reasons for your answer; in particular support your answer by citing relevant cases and statutes. (10 marks)