LAW2106 ASSIGNMENT S3 2015/16
Question 1 (20 marks)
David had a great idea for a new app, called Bookface, which allowed book enthusiasts to discuss their favourite novels.
David incorporated a new company, Start Up Pty Ltd to market the app.
David was the sole director of Start Up Pty Ltd but the company had three shareholders, David and his brother and sister John and Jane. Each held one share each. John and Jane were not involved in the company other than to the extent that they contributed start-up capital and were in turn provide with shares.
Start Up Pty Ltd entered a contract with a web developer, Susan, to develop the app and paid a small deposit out of the monies contributed to Start Up Pty Ltd by John and Jane.
Susan worked day and night on the Bookface project for one month but just before completing her work saw a news story featuring David, who had sold his Bookface idea to Big Blue Co Ltd for a large undisclosed sum.
Susan tried to contact Start Up Pty Ltd but their office had been shut down. A search of the company confirms that it has no assets and Susan is unable to obtain payment for the work she has performed.
Advise Susan if she has any recourse against David? John and Jane have also been left empty handed as David’s contract with Big Blue Co Ltd was in his own name, making no reference to Start Up Pty Ltd. Do John and Jane have any recourse against David?
Question 2 (20 marks)
Steven, Grace and Amanda are siblings. Their father operated a very successful pub and upon passing away, left the pub to them in equal shares.
Steven, Grace and Amanda seek your advices as to how they should operate the pub. They all wish to be involved as they have all had successful careers and now would like a new challenge. None of the children have had any experience in operating a pub as they were raised by their mother who had separated from their father while they were still very young and therefore, have not spent much time in or around pubs. They have each accumulated significant wealth during their previous careers in medicine and law and wish to protect this from any risk associated with operating the pub. The pub has operated very successfully in recent years, with a profit in excess of $5,000,000.00 per year.
Steven Grace and Amanda have requested that you provide them with two alternative business structures to choose from.
Advise Steven, Grace and Amanda, by reference to the information provided, of two business structures and the pros and cons of each. The business structures you may suggest should be selected from the following list:-
1. Partnership;
2. Fixed/Unit Trust;
3. Discretionary Trust;
4. Proprietary Limited Company.
LAW 2106 – Law of Business Organisations
Assignment template – Semester 3 2015/16
Name:
Student number:
Word count (without footnotes) (maximum allowed 2000):
State any approved extension date and attach the course leader’s approval:
Total marks awarded: /40
MARKING CRITERIA FOR LAW2106 ASSIGNMENT Question 1
Criteria
F C B A HD
Quality of analysis and problem-solving skills: Identifies legal issue/problem No clear identification of legal issues relevant to the case and/or issues identified are not relevant. Identifies at least one legal issue relevant to the case but more detail is required. Identifies most legal issues relevant to the case but lacks clarity. Correctly identifies most legal issues relevant to the case. Correctly identifies all legal issues relevant to the case.
Evaluates relevant legal principles Lack of relevant legal principles or those identified are incorrect
Outlines some relevant legal principles but failed to apply them properly to the facts
Outlines some relevant legal principles and apply them properly
Outlines most of the relevant legal principles and apply them properly Outlines all relevant legal principles and apply them properly
Develops logical conclusion Stated conclusion is
not aligned with the question fails to tie together legal arguments either for or against the application of legal principles. Stated conclusion is broadly aligned with the question and ties together some legal arguments for the application of legal principles. Stated conclusion broadly answers the question, and ties together some legal arguments for and against the application of particular legal principles. Stated conclusion answers the question and ties together most the legal arguments for and against the application of particular legal principles. Stated conclusion answers the question, and logically ties together the legal arguments for and against the application of particular legal principles.
10 Marks 0-3 4-5 6 7-8 9-10
Quality of research skills:
Research
Little or no evidence of original research
Evidence of some original research Evidence of original research from a number of different sources Evidence of a high level of original research Evidence of a high level of original research which enhances application and analysis
Citation and referencing Many errors and/or little or no attempt made at referencing Mostly accurate – some minor errors Consistently correct
5 Marks 0 1-2 3 4 5
Quality of communication skills:
Writing style, grammar and spelling
Inappropriate style, tone and/or choice of language or many errors of spelling and/or grammar. Mostly appropriate style, tone and/or choice of language. Spelling and grammar mostly accurate. Appropriate style, tone and/or choice of language. Accurate spelling and grammar. Highly appropriate style, tone and/or choice of language. Spelling and grammar consistently accurate.
Structure – also including brief introduction, body and brief conclusion
Poor structure and/or use of paragraphs or headings Mostly appropriate structure and/or some use of paragraphs or headings to enhance readability Appropriate structure and use of paragraphs or headings
Excellent structure and use of paragraphs or headings
5 Marks 0-1 2-3 4 5

Question 1 (20 marks)
Write Maximum of 1000 word answer here:

MARKING CRITERIA FOR LAW2106 ASSIGNMENT Question 2
Criteria
F C B A HD
Quality of analysis and problem-solving skills: Identifies legal issue/problem No clear identification of legal issues relevant to the case and/or issues identified are not relevant. Identifies at least one legal issue relevant to the case but more detail is required. Identifies most legal issues relevant to the case but lacks clarity. Correctly identifies most legal issues relevant to the case. Correctly identifies all legal issues relevant to the case.
Evaluates relevant legal principles Lack of relevant legal principles or those identified are incorrect
Outlines some relevant legal principles but citation of applicable cases and/or statutory provisions
needs more detail. Outlines some relevant legal principles, citing
applicable cases and/or statutory provisions. Outlines all relevant legal principles, citing
applicable cases and/or statutory provisions. Outlines all relevant legal principles, citing
applicable cases and/or statutory provisions.
Develops logical conclusion Stated conclusion is
not aligned with the question fails to tie together legal arguments either for or against the application of legal principles. Stated conclusion is broadly aligned with the question and ties together some legal arguments for the application of legal principles. Stated conclusion broadly answers the question, and ties together some legal arguments for and against the application of particular legal principles. Stated conclusion answers the question and ties together most the legal arguments for and against the application of particular legal principles. Stated conclusion answers the question, and logically ties together the legal arguments for and against the application of particular legal principles.
10 Marks 0-3 4-5 6 7-8 9-10
Quality of research skills:
Research
Little or no evidence of original research
Evidence of some original research Evidence of original research from a number of different sources Evidence of a high level of original research Evidence of a high level of original research which enhances application and analysis
Citation and referencing Many errors and/or little or no attempt made at referencing Mostly accurate – some minor errors Consistently correct
5 Marks 0 1-2 3 4 5
Quality of communication skills:
Writing style, grammar and spelling
Inappropriate style, tone and/or choice of language or many errors of spelling and/or grammar. Mostly appropriate style, tone and/or choice of language. Spelling and grammar mostly accurate. Appropriate style, tone and/or choice of language. Accurate spelling and grammar. Highly appropriate style, tone and/or choice of language. Spelling and grammar consistently accurate.
Structure – also including brief introduction, body and brief conclusion
Poor structure and/or use of paragraphs or headings Mostly appropriate structure and/or some use of paragraphs or headings to enhance readability Appropriate structure and use of paragraphs or headings
Excellent structure and use of paragraphs or headings
5 Marks 0-1 2-3 4 5

Question 2 (20 marks)
Write Maximum of 1000 word answer here: