BO1CLAW314 Corporate Law Assignment-Kent Institute Australia

Instructions to students: This is an individual assignment.

Length / duration: 2000 words – around 5 pages – not including the title page, executive summary, table of contents and references list.

Total Mark:  Question One (8%)
Question Two (12%)

Weighting:  20% of the unit total marks

Task: BO1CLAW314 Corporate Law Assignment

BO1CLAW314 Corporate Law

Learning outcomes addressed: 

a) Understand the principles of Australian company law within the context of
the prescribed readings.
b) Identify and analyse relevant facts, problems and legal issues from a given
scenario and develop an argument in response, discussing available options in
the context of company law.
c) Interpret company law legislation and relevant case law.
d) Appreciate the role of compliance and the requirement that organisations
and individuals must follow the laws that apply to their industry areas.

Assessment Description:
We recommend a minimum total of TEN statute and case references per question. Work that includes sources that are not properly referenced according to the “Harvard Referencing Workbook” will be penalised. Refer to the Academic Learning Skills handout on Report writing.

Question One: 8% 800 words Answers must be supported by case and statute references.

Samuel, Thomas and Peta decided to start up an internet business reselling products over the vast online marketplace. They were keen to purchase goods from unfortunate  companies that had gone into liquidation and resell the goods at a substantial gain.

The proposed form of the new venture was not decided upon. Peta used $100,000 equity in her home to finance the start-up costs of the new venture. All three parties joined forces and worked together in the business venture. The business was profitable and the three venturers decided on the following payment arrangements.

Peta was not paid anything for the 1st year but there after was paid $6,000 per month. Samuel and Thomas characterised the payments to Peta as “a gratuity” – “a thank you for putting up her family assets as the bulk of the collateral”.

Samuel and Thomas were not paid as employees but through consultancy arrangements with the venture. Samuel and Thomas deny the existence of any partnership. With reference to case law and the Partnership Act, discuss whether or not the venture is a partnership.

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Question two: 12% 1200 words Answers must be supported by case and statute references.
With specific reference to the general law and relevant provisions in the Corporation Act 2001 (Cth) discuss:
a) The directors’ duties of care and diligence; and
b) The directors’ duties of loyalty and good faith
In your answer explain the consequences for breaching the directors’ duties provisions of the Corporations Act 2001 (Cth).

Assessment Submission: BO1CLAW314 Corporate Law Assignment-Kent Institute Australia

Submission is via Moodle. Please be aware that any assessments submitted in formats other than Microsoft Word will be considered LATE and will lose marks until it is presented in Word format.
No paper based or hardcopy submission will be accepted.

Corporate Law: Marking Rubric Total:25 Part 1 /10: Part 2 /15

BO1CLAW314_Corporate LawBO1CLAW314_Corporate_Law

General Notes for Referencing

High quality work must be fully referenced with in-text citations and a reference list at the end. References are assessed for their quality. You should draw on quality academic sources, such as books, chapters from edited books, journals etc. Your textbook can be used as a reference, but not the lecturer notes. We want to see evidence that you are capable of conducting your own research. Also, in order to help markers determine students’ understanding of the work they cite, all in-text references (not just direct quotes) must include the specific page number/s if shown in the original.

Plagiarism: How to avoid it
You can search for peer-reviewed journal articles, which you can find in the online journal databases and which can be accessed from the library homepage. Wikipedia, online dictionaries and online encyclopedias are acceptable as a starting point to gain knowledge about a topic, but should not be overused – these should constitute no more than 10% of your total list of references/sources. Additional information and literature can be used where these are produced by legitimate sources, such as other text resources and
articles. Legitimate organisations and government departments produce peer reviewed reports and articles and are therefore very useful and mostly very current.

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