LST5CCL Company and Commercial Law Take Home Exam代写

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