Recent Question/Assignment

ASSESSMENT BRIEF
Subject Code and Title LAW 6000 – Business and Corporate Law
Assessment Case Studies
Individual/Group Individual
Length 1500 words
Learning Outcomes 1. Explain the historical foundations of the Australian legal system and the current sources of law.
2. Describe the essential elements required to create, manage and discharge a contract and the remedies available for breach of contract.
3. Explain the different ways in which a business may be carried and the advantages and disadvantages of each method.
4. Identify the reasons for choosing one business structure over another.
5. Explain the processes for incorporating, managing and winding up a company.
Submission End of module 5
11:55pm Sunday on the due date at the end of Module and Week
Weighting 30%
Total Marks 100 marks
Context:
This assessment allows students to solve practical problems that arise from a fact scenario and to give appropriate advice to clients.
Instructions:
There are three case studies that you are required to critically analyse.
With respect to each case study:
• Identify the legal issue(s) arising from the facts of the case study
• Identify the appropriate legal principles that requires discussion in the case study
• Apply the law to the facts of the case study
• Reach a conclusion/ give practical advice to your client.
Your analysis should refer to appropriate cases and statutes and be referenced using the Harvard Reference system.
You will be assessed in accordance with the Assessment Rubric.
Case Study 1
Lance purchases a new ute from Mighty Motors Pty Ltd for $25,000. He tells Lynton, the car salesperson that he is a partner in a herbal products business. Lynton is aware of the business as he has read an article about it in the local newspaper.
The three partners had agreed that a car would be purchased for the business but Lance was instructed not to spend over $20,000.
Lynton is completely unaware that Lance has a purchasing limit.
Will the partnership be bound by this contract? Can the other partners take action against Lance?
Case Study 2
Xiaojing is keen to sell her products. The business produces a lavender and Echinacea moisturiser. The business produces an advertising flyer that states the moisturiser will ‘slow the effects of ageing’. This is false.
The partnership is not happy with the Ute – they think they have bought a ‘lemon’. They decide to sell the car to Saqlaim a refugee from Syria who has little understanding of English. Fast talking and charismatic Lance talks him into purchasing the car. He enters a contract with a finance company to purchase the car.
Will Saqlaim be bound by the contract? Do consumers have a remedy regarding the claims re the moisturiser?
Case Study 3
Felix a uni student aged 20 is keen to earn some income during the summer holidays. He is employed as a casual to pick lavender. He will be paid $25 cash per bag.
One Sunday Xiaojing tells him that he is doing such great work she will pay him an extral $100 for work he did yesterday clearing garden beds.
She reneges on her promise and Felix is outraged. He wants to know if he can sue Xiaozing for the $100.
Advise Felix.
Learning Rubrics
Assessment Attributes Fail
0-49
(Unacceptable) Pass
50-64
(Functional) Credit
65-74
(Proficient) Distinction
75-84
(Advanced) High Distinction
85-100
(Exceptional)
Evaluation of information selected to support the case study
20 % Limited understanding of key concepts required to support the case study.
Confuses logic and emotion. Information taken from reliable sources but without a coherent analysis or synthesis.
Viewpoints of experts are taken as fact with little questioning.
Resembles a recall or summary of key ideas.
Often conflates/confuses assertion of personal opinion with information substantiated by evidence from the research/course materials.
Analysis and evaluation do not reflect expert judgement, intellectual independence, rigor and adaptability.
Supports personal opinion and information substantiated by evidence from the research/course materials.
Demonstrates a capacity to explain and apply relevant concepts.
Identify logical flaws.
Questions viewpoints of experts.
Discriminates between assertion of personal opinion and information substantiated by robust evidence from the research/course materials and extended reading.
Well demonstrated capacity to explain and apply relevant concepts.
Viewpoint of experts are subject to questioning.
Analysis and evaluation reflect growing judgement, Systematically and critically discriminates between assertion of personal opinion and information substantiated by robust evidence from the research/course materials and extended reading.
Information is taken from sources with a high level of
interpretation/evaluation to develop a
intellectual independence, rigor and adaptability. comprehensive critical analysis or synthesis.
Identifies gaps in knowledge.
Exhibits intellectual independence, rigor, good judgement and adaptability.
Effective
communication while
giving advices to client
10 %
Difficult to understand for audience, no logical/clear structure, poor flow of ideas, argument lacks supporting evidence.
No effort is made to keep audience engaged, audience cannot follow the line of reasoning.
Little use of presentation aids, or the presentation aids and material used are irrelevant.
Information, arguments and evidence are presented in a way that is not always clear and logical.
Attempts are made to keep the audience engaged, but not always successful. Line of reasoning is often difficult to follow.
Presentation aids are used more for effect than relevance.
Information, arguments and evidence are well presented, mostly clear flow of ideas and arguments.
The audience is mostly engaged, line of reasoning is easy to follow.
Effective use of presentation aids.
Information, arguments and evidence are very well presented, the presentation is logical, clear and well supported by evidence.
Engages the audience, demonstrates cultural sensitivity.
Carefully and well prepared presentations aids are used. Expertly presented; the presentation is logical, persuasive, and well supported by evidence, demonstrating a clear flow of ideas and arguments.
Engages and sustains audience’s interest in the topic, demonstrates high
levels of cultural sensitivity
Effective use of diverse presentation aids, including graphics and multi-media.
Application of knowledge to practise while providing appropriate advice to clients
30 % Limited understanding of the internal and external business environment.
Lacks a global perspective for potential market and trends.
Uses a limited range of information as the basis of recommended practice.
Understands the internal and external business environment including commercial context and market forces.
Understands local and global markets/trends.
Accesses relevant information.
Adequately utilises information from a variety of sources.
Gathers/utilises competitor knowledge.
Understands the impact of financial, social, political, environmental issues on the business.
Demonstrates commercial awareness of product development/service provision.
Understands the business.
Can prepare and presents business cases/proposals. Evaluates the impact of financial, social, political,
environmental issues on the business; and where relevant, as they relate to different countries where the business may operate.
Demonstrates commercial awareness of product development/service provision and cost relationships.
Understands the business and its risks.
Can prepare and presents business cases/proposals.
Demonstrates cultural sensitivity.
Analyses the impact of financial, social, political, environmental issues on the business; and where relevant, as they relate to different countries where the business may operate.
Critically demonstrates commercial awareness of product development/service provision and cost relationships.
Holistic understanding of business and its risks.
Assesses the impact of information and communication systems on the operations of the business.
Critical understanding of the global market opportunities and competitive environment.
Evaluation and
Justification of
Information provided
to client
20 % Limited understanding of key concepts required to support discussion
Confuses logic and emotion. Information taken from reliable sources but without a coherent analysis or synthesis.
Viewpoints of experts are taken as fact with little questioning.
Resembles a recall or summary of key ideas.
Often conflates/confuses assertion of personal opinion with information substantiated by evidence from the research/course materials.
Analysis and evaluation do not reflect expert judgement, intellectual independence, rigor and adaptability.
Supports personal opinion and information substantiated by evidence from the research/course materials.
Demonstrates a capacity to explain and apply relevant concepts.
Identify logical flaws.
Questions viewpoints of experts.
Discriminates between assertion of personal opinion and information substantiated by robust evidence from the research/course materials and extended reading.
Well demonstrated capacity to explain and apply relevant concepts.
Viewpoint of experts are subject to questioning.
Analysis and evaluation reflect
growing judgement, intellectual independence, rigor and adaptability. Systematically and critically discriminates between assertion of personal opinion and information substantiated by robust evidence from the research/course materials and extended reading.
Information is taken from sources with a high level of
interpretation/evaluation to develop a comprehensive critical analysis or synthesis.
Identifies gaps in knowledge.
Exhibits intellectual independence, rigor, good judgement and adaptability.
Correct citation of key
resources and evidence
20 % Demonstrates inconsistent use of good quality, credible and relevant resources to support and develop ideas.
Demonstrates use of credible and relevant resources to support and develop ideas, but these are not always explicit or well developed.
Demonstrates use of high quality, credible and relevant resources to support and develop ideas. Demonstrates use of good quality, credible and relevant resources to support and develop arguments and statements. Shows evidence of wide scope within the organisation for sourcing evidence
Demonstrates use of high-quality, credible and relevant resources to support and develop arguments and position statements. Shows evidence of wide scope within and without the organisation for sourcing
evidence

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