HI6027 Business and Corporate Law | My Assignment Tutor

HOLMES INSTITUTEFACULTY OFHIGHER EDUCATION HI6027 Business and Corporate Law Group Assignment T1 2021 Assessment Details and Submission GuidelinesTrimesterT1 2021Unit CodeHI6027Unit TitleBusiness and Corporate LawAssessment TypeGroup AssignmentAssessment TitleCase Studies on Contract Law and Corporations LawPurpose of theassessment (withULO Mapping)The purpose of the Group Assignment is to provide students with an opportunity towork in a collaborative environment in solving three case problems by citing therelevant legal rules and cases and applying these to the facts of the case.In this Group Assignments, students are required to:– Critically analyse the main features of the Australian Legal System and thefoundations of company law. (ULO 1)– Critically analyse the basic principles of Contract, Tort, and privacy law and applythem in resolving legal issues arising in commercial transactions. (ULO 2)– Research and advocate the appropriateness of the different types of businessstructures and the legal environment in which they operate and their advantages anddisadvantages in various commercial contexts. (ULO 4)Weight40% of the total assessmentsTotal Marks40%Word limitGroup Written Report of maximum 2,000 wordsDue DateWeek 10SubmissionGuidelines● All work must be submitted on Blackboard by the due date along with a completedAssignment Cover Page.● The assignment must be in MS Word format, no spacing, 12-pt Arial font and 2 cmmargins on all four sides of your page with appropriate section headings and pagenumbers.● Reference sources must be cited in the text of the report, and listed appropriatelyat the end in a reference list using the AGLC style. Page 2 of 11HI6027 Business and Corporate Law Group Assignment T1 2021Assignment SpecificationsPurpose:The Group Assignment aims to provide students with an opportunity to work in a collaborativeenvironment in solving three case problems by citing the relevant legal rules and cases and applyingthese to the facts of the case.Students are to form groups, with a minimum of 2 and a maximum of 4 students per group. Theassignment consists of a 2,000-word written report.Instructions: Please read and re-read carefully to avoid mistakes.Group Report1. This group assignment consists of 3 parts. Part A is a question on Contract Law, and Part B andPart C are questions involving Corporations Law. All questions must be answered.2. Question A is worth 20 marks, while Question B and Question C are worth 10 marks each.3. The total word limit for the group report is 2,000 words (+/- 10% allowed)● Word limit for Question A – 1,000 words● Word limit for Question B – 600 words● Word limit for Question C – 400 wordsWord count limits are strictly enforced. A deduction of two (2) marks will be imposed for every 50words over the word count for either part of the report. Anything over the word count will not beread by your lecturer.4. The total word count for the report as well as each part must be clearly written on the cover sheetof the assignment. A paper will not be marked if the word counts are not written on the coversheet.5. The group report is worth 40% of total marks in this unit.Important Reminders:● You must form your groups by self-enrolment in Blackboard. Please refer to the document “GroupAssessment Self Enrolment Tutorial” that has been posted in Blackboard (under announcementsand also in the “Assessments” folder). This document will assist you with the process of selfenrolling in a group to undertake an assessment task in Blackboard Ultra.● All group report submissions must be de done online and run through SafeAssign. No hard copiesare to be submitted. Only one group member needs to submit for the whole group.● You must attach as the official Holmes Institute cover sheet to your group report and upload onBlackboard.● The Group report must be submitted via SafeAssign on Blackboard and show a similaritypercentage figure. Any group report that does not show a SafeAssign similarity percentage willnot be marked and be required to re-submit.● Late submissions will be subject to Holmes Institute policy on student assessment submissionand late penalties (please refer to subject outline and Student handbook).Page 3 of 11HI6027 Business and Corporate Law Group Assignment T1 2021● All reports are expected to observe proper referencing in accordance with the Australian Guideto Legal Citation (AGLC). A copy of the AGLC has been posted in the Week 2 tutorial folder.You may also download a copy for free via this link:https://law.unimelb.edu.au/__data/assets/pdf_file/0005/3181325/AGLC4-with-Bookmarks-1.pdf● In general, for written reports, a SafeAssign similarity percentage of 25% or below is acceptable.Regardless of the similarity figure, all group reports must use in-text citation and observe properreferencing rules.● All assignments are expected to strictly follow Holmes Institute’s Academic Conduct and IntegrityPolicy and Procedures. A copy of the Policy is available on the Holmes Institute home page.(About Holmes > Policies) This policy is also explained in your Student Handbook.● Plagiarism and contract cheating in any form will not be tolerated and will have severeconsequences for the groups found committing the same, including receiving zero (0) for the entireassignment and possible failure in the unit.● Any group assignment that is found to contain fake or bogus references or references that areclearly irrelevant to the subject matter of the assignment will receive an automatic zero (0) mark.● IMPORTANT: Identification of individual work. To ensure that all students participateequitably in the group assignment and that students are responsible for the academic integrity ofall components of the assignment, each group must complete the following table which identifieswhich student/students are responsible for the various sections of the assignment: Assignment sectionStudent/Students This table needs to be completed and submitted with the assignment as it is a compulsorycomponent required before any grading is undertaken.Adapted Harvard ReferencingHolmes has now implemented a revised Harvard approach to referencing:1. Reference sources in assignments are limited to sources that provide full-text access to thesource’s content for lecturers and markers.2. The Reference list should be located on a separate page at the end of the essay andtitled: References.3. It should include the details of all the in-text citations, arranged A-Z alphabetically byauthor surname. In addition, it MUST include a hyperlink to the full text of the citedreference source.Page 4 of 11HI6027 Business and Corporate Law Group Assignment T1 2021For example:P Hawking, B McCarthy, A Stein (2004), Second Wave ERP Education, Journal ofInformation Systems Education, Fall, http://jise.org/Volume15/n3/JISEv15n3p327.pdf4. All assignments will require additional in-text reference details, which will consist of thesurname of the author/authors or name of the authoring body, year of publication, pagenumber of content, the paragraph where the content can be found.For example:“The company decided to implement an enterprise-wide data warehouse businessintelligence strategies (Hawking et al., 2004, p3(4)).”Non – Adherence to Referencing GuidelinesWhere students do not follow the above guidelines:1. Students who submit assignments that do not comply with the guidelines may be required toresubmit their assignments or incur penalties for inadequate referencing.2. Late penalties will apply per day after a student or group has been notified of resubmissionrequirements.Students whose citations are identified as fictitious will be reported for academic misconduct.Page 5 of 11HI6027 Business and Corporate Law Group Assignment T1 2021Assignment QuestionsPart A: Contracts Law Question (20 marks)● Read the Contracts Law question below.● In 1,000 words (+/- 10% is allowed), answer your chosen question using the IRAC method.● Your answer must be supported by relevant Australian law and cases decided by Australian courts(preferably the High Court) and/or scholarly articles. A minimum of 6 genuine and relevantreferences are required for this part of the report.● The full citations for all sources cited in your answer must be listed in a Reference list at the endof your report.● In addition, any online sources cited in your answer and listed in your Reference List must includea valid hyperlink that allows access to the full text of the source.Engaged couple Marina and Mark were the winners of a reality TV show involving racing other couplesaround Australia. They decided to use some of the winnings on their wedding. They checked out anumber of venues and finally decided on the Grand Ballroom at the Hotel Grand Inquisitor. Marinaand Mark signed a ‘wedding package’ contract with the hotel, which provided for the following:● Hire of ballroom – $15,000● Catering (excluding cake) – $9,000● Wedding cake (two-tier) – $500● Honeymoon suite (one night) – $400● Total – $24,900The wedding reception was a happy event. However, when it came to the time to reveal and cut thecake, Marina and Mark were shocked to learn that earlier in the day a hotel waitress had clumsilydropped the specially baked wedding cake, and because there was no time to prepare another, thetwo-tier cake provided by the hotel was in fact two sponge cakes purchased from the local cake shop.Despite their disappointment and at the urging of the guests, Marina and Mark went ahead with thecake cutting and the cake was eaten.When the reception finally ended, Marina and Mark retired to the honeymoon suite. However, theysoon discovered that the hotel was carrying out around-the-clock renovations to the nearbypresidential suite to cater for an overseas dignitary who had decided to stay at the hotel. Theserenovations made the honeymoon suite vibrate, made incessant noise all night and led to dustentering the air-conditioning. Marina and Mark gave up on the room at 1:00 a.m. and went andchecked into another hotel. On the way out of the hotel, Mark told the night manager that the nighthad been a disaster and that the hotel ‘would not be getting a cent more out of us’. They also saidthey would be talking to their lawyer in the morning.Advise Marina and Mark:(a) Whether they were entitled to cancel the contract as they purported to do (8 marks);(b) What damages (if any) they are entitled to recover from the hotel (6 marks);(c) Whether they are able to recover the $5,000 advance that they paid the hotel. (6 marks)Consider the position under common law contract principles only. DO NOT answer this questionbased on Statute Law (such as the Australian Consumer Law.Page 6 of 11HI6027 Business and Corporate Law Group Assignment T1 2021Part B: Corporations Law question (10 marks)● Read the questions below on Corporations Law, specifically Agency.● In 600 words (+/- 10% is allowed), answer the chosen given question.● A minimum of 3 genuine and relevant Australian legal references are required for this part of thereport. Examples of relevant references for this question include the Corporations Act 2001 (Cth);Australian cases; and Australian law textbooks.● The full citations for all sources cited in your answer must be listed in a Reference list at the endof your report.● In addition, any online sources cited in your answer and listed in your Reference List must includea valid hyperlink that allows access to the full text of the source.RJ Booker, a real estate firm based in Milsons Point, Sydney, emailed Mimi. Mimi had a friend workingat RJ booker and she told her that she wanted to sell her unit. The unit was located at the 19th floorof a modern apartment building located in Milson’s Point, almost beside the entrance to Luna Park.Gustavo, the franchisee and principal of RJ Booker in Milson’s Point, asked Mimi if the firm can beher exclusive agents in the sale of her unit. Gustavo explained that if they located a qualified buyer,RJ Booker would be entitled to the standard Real Estate industry commission rates for agents.Currently, this was about 3 percent of the purchase price. Mimi agreed and signed the agencycontract.Within five days, Gustavo called Mimi and told her that he had found a buyer for her unit, Alisa. Alisahad told Gustavo that she was ready to buy Mimi’s unit “as per contract” and “depending on the resultof a property inspection”. The very next day, Mimi received an email offer from a third party and sheimmediately accepted it without informing RJ Booker. When Gustavo found out, he insisted that Mimishould pay them a commission based on the selling price of the unit, stating that they did their joband found a good buyer for the unit. Mimi told Gustavo to get lost and that she will not pay theircommission.Advice Gustavo on whether Mimi was legally right in not wanting to pay RJ Booker a commission onthe sale of her unit.Page 7 of 11HI6027 Business and Corporate Law Group Assignment T1 2021Part C: Corporations Law question (10 marks)● Read the questions below on Corporations Law, specifically on Companies and IncorporatedAssociations.● In 400 words (+/- 10% is allowed), answer the chosen given question.● A minimum of 3 genuine and relevant Australian legal references are required for this part of thereport. Examples of relevant references for this question include the Corporations Act 2001 (Cth);the Australian and Securities and Investment Commission’s (ASIC) website (www.asic.gov.au),the website of the Australian Business Register’s (ABR) website (www.abr.gov.au).● The full citations for all sources cited in your answer must be listed in a Reference list at the endof your report.● In addition, any online sources cited in your answer and listed in your Reference List must includea valid hyperlink that allows access to the full text of the source.Gary Olsen, known affectionately as “Gazza” or Gazzarooney” by his mates, is the Group Head forCorporate Finance in a boutique investment bank called “DA Bank Limited”. There is a term in Gazza’semployment contract, which he signed on 15 February 2020, providing as follows:Prohibition on client contact. In the event that your employment with DA Bank Limitedceases for whatever reason and howsoever caused, you explicitly agree and undertakenot to contact clients of DA Bank through whatever means. This includes contact byphone, email, mail or any other common means of communication. This prohibition willlast for 3 years upon the cessation of your employment with the bank.Gazza resigns from DA Bank on 1 March 2021. He is later recruited by his good mate Colin Taggart,who is the Chief Executive Officer of a merchant bank called “Tag Bank Limited”. Upon joining, Colinimmediately appoints Gazza to the same position that he held with DA Bank. Gazza then starts callingsome clients of DA Bank that he had dealt with when he worked there.DA Bank now wants to take legal action against Gazza. Explain to DA Bank the grounds, if any, onwhich it can take legal action to stop Gazza from contacting the bank’s clients.Page 8 of 11HI6027 Business and Corporate Law Group Assignment T1 2021Marking RubricGroup ReportPart A Question Total marksavailable: 20 marksExcellentGoodSatisfactoryUnsatisfactoryIdentification ofmaterial factsinvolved in problemquestion(4 marks)3.5 to 4 marksCompletelyidentifies allrelevant facts ofcase2.5 to 3 marksIdentifies most ofthe relevant factsof case2 to 2.25 marksIdentifies thebasic relevantfacts of the casebut misses otherrelevant factsBelow 2 marksDoes not identifyrelevant facts of caseIdentification oflegal issues / legalquestion andrelevant law(4 marks)3.5 to 4 marksCorrectly identifiesall relevant legalissues and arestated in the formof questions.Correctly identifiesrelevant andappropriate legalrules and case law,and states them inthe form ofstatements2.5 to 3 marksIssues correctlyidentified, butmay containextraneousinformation andare not stated inthe form ofquestions.Legal rules andcase law correctlyidentified, butmay containextraneous infoand are not in theform ofstatements.2 to 2.25 marksIssues are notcompletelyidentified.Legal rules andcase law notcorrectlyidentified.Below 2 marksIdentifies incorrect orirrelevant issues.Identifies incorrect orirrelevant legal rulesand case law.Thorough yetsuccinct applicationof law to materialfacts(6 marks)5 to 6 marksCorrectly identifiesfacts; wellreasoneddiscussion relatingfacts to the rulesand case law.3.5 to 4.5 marksCorrectlyidentifies facts.Not wellreasoned.2.5 to 3 marksFacts not correctlyidentified.Analysisincoherent.Below 2 marksScant to no analysis.Citation andreferencing(including minimumnumber ofreferences)(3 marks)2.5 to 3 marksCorrectly citesminimum of 6references, in-textand in referencelist.1.75 to 2.25marksHas minimum of 6references; or hasoccasional errorsin formatting ofin-text citationsand reference list1 to 1.5 marksDoes not haveminimum of 6references orcontains errors informatting of intext citations andreference listBelow 1 markNo referencing eitherin-text or in referencelist; or citesinappropriatereferences; or allreferences not cited inthe correct format. Page 9 of 11HI6027 Business and Corporate Law Group Assignment T1 2021 Professional qualityincluding languageuse and writingstyle(3 marks)2.5 to 3 marksProfessionallanguage. Nogrammatical,punctuation orspelling errors.1.75 to 2.25marksSome mistakes.Does not detractfromunderstanding.1 to 1.5 marksMany mistakes.Detracts fromunderstanding.Sloppy.Below 1 markReflects no real effort.DeductionsExcess word count(1 mark for every25 words over)Under the wordlimit (1 mark forevery 25 wordunder)Lacks minimum of 6references (1 markfor every missingreference) Page 10 of 11HI6027 Business and Corporate Law Group Assignment T1 2021Part B and Part C Questions Total marksavailable: 10 marksper questionExcellentGoodSatisfactoryUnsatisfactoryIdentification ofmaterial factsinvolved in problemquestion(2 marks)1.75 to 2 marksCompletelyidentifies allrelevant facts ofcase1.5 markIdentifies most ofthe relevant factsof case1 markIdentifies thebasic relevantfacts of the casebut misses otherrelevant factsBelow 1 markDoes not identifyrelevant facts of caseIdentification oflegal issues / legalquestion andrelevant law(2 marks)1.75 to 2 marksCorrectly identifiesall relevant legalissues and arestated in the formof questions.Correctly identifiesrelevant andappropriate legalrules and case law,and states them inthe form ofstatements1.5 markIssues correctlyidentified, butmay containextraneousinformation andare not stated inthe form ofquestions.Legal rules andcase law correctlyidentified, butmay containextraneous infoand are not in theform ofstatements.1 markIssues are notcompletelyidentified.Legal rules andcase law notcorrectlyidentified.Below 1 markIdentifies incorrect orirrelevant issues.Identifies incorrect orirrelevant legal rulesand case law.Thorough yetsuccinct applicationof law to materialfacts(3 marks)2.5 to 3 marksCorrectly identifiesfacts; wellreasoneddiscussion relatingfacts to the rulesand case law.1.75 to 2.25marksCorrectlyidentifies facts.Not wellreasoned.1 to 1.5 marksFacts not correctlyidentified.Analysisincoherent.Below 1 markScant to no analysis.Citation andreferencing(including minimumnumber ofreferences)(2 marks)1.75 to 2 marksCorrectly citesminimum of 6references, in-textand in referencelist.1.5 markHas minimum of 6references; or hasoccasional errorsin formatting ofin-text citationsand reference list1 markDoes not haveminimum of 6references orcontains errors informatting of intext citations andreference listBelow 1 markNo referencing eitherin-text or in referencelist; or citesinappropriatereferences; or allreferences not cited inthe correct format. Page 11 of 11HI6027 Business and Corporate Law Group Assignment T1 2021 Professional qualityincluding languageuse and writingstyle(1 mark)1 markProfessionallanguage. Nogrammatical,punctuation orspelling errors.0.75 markSome mistakes.Does not detractfromunderstanding.0.5 markMany mistakes.Detracts fromunderstanding.Sloppy.Below 0.5 markReflects no real effort.DeductionsExcess word count(1 mark for every25 words over)Under the wordlimit (1 mark forevery 25 wordunder)Lacks minimum of 3references (1 markfor every missingreference)

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