The LAW6501 essay assignment 01 2015 topic is as follows:
“The creation of a sole trading enterprise, the formation of a partnership and the incorporation of a proprietary limited company are all quite different processes to each other and confer on each organisation quite different organisational features.”
After reflecting upon the above statement, please discuss the processes for organisational creation and key features that distinguish each of the three entities noted above. While students are allowed broad scope for the development of discussion in this essay, matters for discussion should not extend beyond the parameters listed in the LAW6501 Unit Plan for the preparation of this essay (see under the heading “Preparation and Resources for Assignment” in the Unit Plan which states that “[b]efore starting this assignment you should already have read and be familiar with the lecture material and readings up to and including at least Lecture 6, and have tackled the questions in the tutorials to at least Tutorial 6). This essay requires an analytical approach and you should extend your discussion beyond a mere descriptive posture.
Wherever possible, you should use Corporations Act section numbers and case authorities to support your discussions and arguments, and if possible illustrate with examples of contemporary cases before the courts. You should use a range of secondary authorities (books and articles), consistent in number and quality with a post graduate university essay, and duly acknowledged with proper referencing to support your assertions and arguments. When constructing your essay, reference must be made to the requirements listed in the Unit Plan for this assignment, and you should use the relevant format template provided on Blackboard in due course.
ASSIGNMENT COVER SHEET
(adapted for LAW6501 major essay submission purposes)
UNIT
CODE:
TITLE:
NAME OF STUDENT (PRINT CLEARLY)

FAMILY NAME FIRST NAME STUDENT ID. NO.

NAME OF LECTURER (PRINT CLEARLY)

DUE DATE

Topic of assignment
Key differences between company limited by shares and partnership.
Group or tutorial (if applicable)

Course

Campus

I certify that the attached assignment is my own work and that any material drawn from other sources has been acknowledged.
Copyright in assignments remains my property. I grant permission to the University to make copies of assignments for assessment, review and/or record keeping purposes. I note that the University reserves the right to check my assignment for plagiarism. Should the reproduction of all or part of an assignment be required by the University for any purpose other than those mentioned above, appropriate authorisation will be sought from me on the relevant form.
OR, if submitting this paper electronically as per instructions for the unit, place an ‘X’ in the box below to indicate that you have read this form and filled it in completely and that you certify as above. Please include this page in/with your submission. Any electronic responses to this submission will be sent to your ECU email address (or, where relevant, the digital dropbox for the Blackboard site for LAW6501).
Agreement Date
PROCEDURES AND PENALTIES ON LATE ASSIGNMENTS - Refer to the University Admission, Enrolment and Academic Progress Rule 24 and the ECU Assessment Policy
? A student who wishes to defer the submission of an assignment must apply to the lecturer in charge of the relevant unit or course for an extension of the time within which to submit the assignment.
? Where an extension is sought for the submission of an assignment the application must :
• be in writing - preferably before the due date; and
• set out the grounds on which deferral is sought. ( see ECU Assessment Policy)
? Assignments submitted after the normal or extended date without approval shall incur a penalty of loss of marks. (see 39.5)
ACADEMIC MISCONDUCT Rules (Students)
All forms of cheating, plagiarism or collusion are regarded seriously and could result in penalties including loss of marks, exclusion from the unit or cancellation of enrolment.
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Please remember to read, store for future reference and ensure that you have submitted:
• to the correct location
• the correct assessment piece

CONFORMANCE STATEMENT
Please note the following, and enter the required information in the grey shaded spaces provided prior to submission of the essay.
1. Your LAW6501 essay should have not less than 4000 effective words but not more than 4500 effective words (without the express permission of the Unit Coordinator) (see LAW6501 Unit Plan February 2015, page 11). This essay has …………. words (in determining the number of words, do a ‘word count’ from the beginning of your Introduction to the end of your Conclusion, and subtract all headings, sub headings, direct quotations and in text references therein from the result).
2. Your LAW6501 essay should use at least 25 quality academic reference sources (i.e. in terms of LAW6501 requirements, texts and journal articles – see LAW6501 Unit Plan, February 2015, page 14). This essay has …… quality academic reference sources (in determining the number of quality academic reference sources for LAW6501 purposes, add up the total number of end references and subtract those which are not texts or journal articles; do not include the number of cases in this count – see point 4 below).
3. Your LAW6501 essay should cite your end reference sources (collectively) on at least 42 occasions in the body of your essay (see LAW6501 Essay Preparation Kit, page 18). This essay has …… in-text reference entries. (in determining the number of in-text references used, count the number of times your end reference sources have been cited in-text in total – note that a few of your reference sources will likely be cited in-text more often than others; do not include the number of cases in this count – see point 4 below).
4. Your LAW6501 essay should use at least 12 to 15 case authorities (see LAW6501 Essay Preparation Kit, page 15). This essay uses …… cases (in determining the number of cases, add up the number of cases in your Table of Cases, which should reflect the cases cited in the body of the essay).
I acknowledge that the information relating to my LAW6501 essay in the above conformance statement is true and correct to the best of my knowledge.
Name: __________________________________ Student Number: ______________
Edith Cowan University
Faculty of Business and Law
Avoiding Plagiarism Checklist
Complete the following checklist before submitting your assignment. This will help to ensure that you have avoided plagiarism.
I have reviewed the following checklist to ensure that all applicable items have been ticked. ?
I have kept a copy of all the original sources I used for my assignment. ?
I have read and taken accurate notes from my sources.
?
I have not copied and pasted from the source into my assignment (unless it is a direct quote or image and I have referenced it). ?
I have acknowledged all ideas which are not my own by referencing. ?
I have used direct quotes sparingly, copied the words exactly as in the original, placed the quote inside quotation marks and included an in-text reference. ?
I have paraphrased (i.e. used my own words) accurately when expressing ideas and included an in-text reference. ?
I have included an in-text reference for images, diagrams and figures taken from a source. ?
I have included a reference list of all sources cited in the assignment. All sources in the reference list have a corresponding in-text reference and vice-versa. ?
I have used the correct referencing style and followed the conventions of the style stipulated in this unit. ?
I have used my own ‘voice’ when writing the assignment and not relied on the words of others. ?
I have not submitted work which is not my own, which has been copied from another person’s work or written by another person. ?
I have not submitted an assignment written by myself or another person which has already been submitted for the same or another unit.
?
Student Name: _________________________________________ Student ID: _________________ Date: _______
If you cannot tick all boxes on this checklist it is important to review your assignment. If you would like further assistance with how to avoid plagiarism, contact the Academic Skills Centre in the Faculty of Business and Law at fbllearning@ecu.edu.au or visit the Academic Skills Centre Blackboard site under ‘My Communities’ when you log into Blackboard.
LAW6501 PRINCIPLES OF CONTRACT AND CORPORATE LAW IN BUSINESS
01 2015
ESSAY ASSIGNMENT (DUE MONDAY WEEK 9)
The processes for organisational creation and key features that distinguish a proprietary company limited by shares, a partnership and a sole trading enterprise.
An essay by __________________________ (your name)
TABLE OF CONTENTS
Page
1.0 Introduction ………………………………………………………………….
2.0 Background……………………………………………………………………
3.0 Sole trading enterprise …………..…………………………………………….
3.1 (insert sub heading here)……………………………………………………
3.2 (insert sub heading here)……………………………………………………
(insert subsequent sub headings here if and as necessary)
4.0 Proprietary company limited by shares…..……………………………………..
4.1 (insert sub heading here)…………………………………………………….
4.2 (insert sub heading here)…………………………………………………….
(insert subsequent sub headings here if and as necessary)
5.0 Partnership ………………………….…..……………….…………………….
5.1 (insert sub heading here)……………………………………………………
5.2 (insert sub heading here)……………………………………………………
(insert subsequent sub headings here if and as necessary)
6.0 Analysis ……………………………………………………………………….
(please note – the sub headings will, of course, be informed by the flow of the analysis on the significant issue or aspect chosen for analysis)
6.1 (insert your first sub heading here) …………………………………….......
6.2 (insert your second sub heading here)…..…………………………………..
6.3 (insert your third sub heading here)…….…………………………………..
(insert subsequent sub headings here if and as necessary)
7.0 Conclusion …………………………………………………………………….
8.0 End References and Table of Cases …………………………………………..
1.0 Introduction
2.0 Background
3.0 Sole trading enterprise
3.1 (insert sub heading here)
3.2 (insert sub heading here)
4.0 Proprietary company limited by shares
4.1 (insert sub heading here)
4.2 (insert sub heading here)
5.0 Partnership
5.1 (insert sub heading here)
5.2 (insert sub heading here)
6.0 Analysis
6.1 (insert your first sub heading here)
6.2 (insert your second sub heading here)
6.3 (insert your third sub heading here)
7.0 Conclusion
8.0 End References and Table of Cases

Essay marker’s use only:
LAW6501
Marking guide – Essay Assignment
Student ……………………………………
Number ……………………………………
Total Mark ………………………
Grade Related Descriptors
Written Argument
Grades Descriptive content Analytical aspects Format and structure
High Distinction
80-100% All descriptive aspects of the question/topic were addressed and researched in great depth The submission shows great insight into the topic and excellent analytical development All aspects of the submission conform to a high academic / professional standard
Distinction
70-79% Most descriptive aspects of the question/topic were addressed and researched in reasonable depth The submission indicates some evidence of analysis development and insight into the topic Most aspects of the submission conform to a high academic / professional standard
Credit Pass
60-69% Most descriptive aspects of the question/topic were addressed and researched adequately The submission shows evidence of elementary analysis and the development of argument Most aspects of the submission conform to an acceptable standard
Pass
50-59% Elementary descriptive aspects of the question/topic were addressed and researched adequately The submission is mainly descriptive, showing a pass level understanding of the topic The submission displays basic structure
Fail
50% Responses were superficial and / or inadequately addressed the question/topic The submission demonstrates limited understanding of the topic The submission is not of an academic / professional standard
Bold Red highlight Indicates criterion level achieved in essay
Light Red highlight Indicates trend up or down if evident
Comments:
The ECU English Language Proficiency Measure (Feb 2014)
Levels of
proficiency
Aspects of writing
(Indicate with an X main area(s) needing improvement) Low proficiency
Incorrect or inappropriate aspects of writing obscure meaning in many places.
Significant editing needed to clarify the meaning, along with extensive proofreading to correct technical errors. Developing proficiency
Incorrect or inappropriate aspects of writing obscure meaning in some places.
Some editing needed to clarify the meaning, along with extensive proofreading to correct technical errors. Moderate proficiency
Aspects of writing are mostly accurate. Mistakes rarely affect clarity of meaning.
Minor editing needed to clarify the meaning, along with careful proofreading to correct technical errors. High proficiency
Aspects of writing are appropriate and optimally constructed, allowing clarity of meaning.
Meaning is clear and needs only a light proofread to correct technical errors.
Sentence structure
1. sentence completeness
2. sentence length
3. phrase/clause order
4. use of conjunctions
5. word order
6. punctuation
Word use
7. word choice
8. word form
9. word omission/redundancy
10. verb tense/agreement
11. spelling
12. apostrophes
Sentence Structure
1. Sentence completeness: sentence includes subject, verb and complete thought.
2. Sentence length: length is appropriate to context or discipline.
3. Phrase/clause order: parts of the sentence (phrases and clauses) are ordered logically.
4. Use of conjunctions: linking words are used correctly to show the relationship between ideas.
5. Word order: words are ordered correctly in a sentence.
6. Punctuation: the correct use of full stops, commas, semicolons, colons and capitals.
Word Use
7. Word choice: words are correct and appropriate for the context.
8. Word form: correct part of speech is used, e.g., [to] affect / [the] effect.
9. Word omission/redundancy: words should not be missing or be unnecessarily repetitive.
10. Verb tense/agreement: correct use of verbs that indicate time and correct word forms that agree grammatically with other words in the sentence.
11. Spelling: correct spelling is used.
12. Apostrophes: indicate ownership or contraction.