LST2 LBA: Law of Business Association
Semester 3 2016
Assignment
Assessment Task 4
Assignment, worth 25 marks. This is a 1500 word problem to be submitted online through Turnitin on the LMS. The assignment will be made available below as will be the submission link. It will test your capacity to determine the issues in a problem, set out the law, apply the law to the facts and advise a conclusion. Good expression and structure will be rewarded. It must be an individual piece of work. Further detailed instructions will be provided with the question
Instructions:
Submission requirements:
1. This assignment counts for 30% of your final marks in this subject.
2. This assignment is due in week 9. To be submitted on Sunday, 8 January.
3. An essay submitted after the due date without an extension having been granted attracts a penalty of 5% per day (or part thereof) of the marks available for the task. No marks will be given for an essay handed in after any response to this assignment has been marked and returned to any member of the class.
4. The Subject Learning Guide sets out the policy on the granting of extensions. Please note that if you are unable to submit your essay by the due date you should consult your tutor beforehand to see if there are grounds for an extension. Extensions will only be given for very good reasons, normally only medical grounds or other serious interruptions in your ability to work. They are not granted for reasons that should be dealt with by a better organisation of your time and work practices. Nor are they given for reasons that were reasonably foreseeable at the time of enrolling in the subject.
5. The total assignment word limit is 1500 words. Further, your answer for each of the two questions should be no more than 750 words. This is an over-estimate of the number of words necessary for a perfect answer. Responses of more than 1500 words in total may be penalised by the deduction of up to one half of one of the marks awarded for every 200 words by which the response exceeds the limit.
6. Attention to presentation, expression, and the correct citation of cases, statutes and secondary sources will be rewarded. Footnote your responses on a page-by-page basis. Do not include a bibliography.
7. Plagiarism will be heavily penalised. Plagiarism is defined and discussed in the Academic Misconduct Policy available on the LMS. Your assignment will be checked for plagiarism by use of the Turnitin system.
8. Assignments are to be submitted via Turnitin.
9. Keep a copy of your work for your records.
Assignment Question
Students must attempt BOTH Questions.
Question 1
Pat and Helen want to start a business selling company law textbooks. Their business plan shows they will require $150,000 to buy stock and set up a shop but they can only personally put up $100,000. They are thinking of borrowing an additional $50,000 from the bank to start the business. Pat had previously been held responsible for costs incurred by her when acting as a trustee for her family trust when the trust became unable to meet expenses. She has convinced Helen that they should consider the possibilities of conducting their business using either a partnership or a company.
Required:
(i) Advise Pat and Helen about the attributes of the two alternatives.
(ii) Discuss the difference between the liability of a partner for costs incurred by the partnership or by a director for costs incurred on behalf of the company?
(15 marks)
Question 2
Bernard is a scallop fisherman in the coastal waters of NSW. There is limited stock in these waters and as such there is protective legislation to ensure regeneration. The Scallop Fishing and Marketing Act provides for a quota system. Under the quota system, a person must apply for a quota which will permit him or her to catch 60 tonnes of Scallop in a calendar year. The Scallop Marketing Authority will purchase any scallops up to the quota limit for each person.
The Act provides that it is an offence to sell Scallops to catch more than the quota limit. Each offence carries a fine of up to $100,000.
Bernard wishes to make more money from his business. He would like to catch more than 60 tonnes of Scallop this year. His son tells him that if he registers a company he could double his catch or even more. Ishe correct?
(15 marks)
How Your Assignment Will be Assessed
The following table is included to help you understand what your marker will look for when assessing your assignment and to differentiate between the various grades.
| D 50-59% | C 60-69% | B 70-79% | A 80-100% | Marks Allocated | |
|---|---|---|---|---|---|
| Answered the Question | Broadly completed but some parts are superficially treated, misunderstood or nearly overlooked. Little or no attempt to relate the law to the facts. | Generally stuck to the legal issues and understood them. Some evidence of irrelevant material or misunderstood material Reasonable attempt to relate the legal principles to the facts. | Legal issues discussed strongly linked to task and the facts; comprehension of legal issues and the specific factual problem is high. |
Exceeds or refines the basic task requirements. Sophisticated integration of the legal issues with the facts of the problem. |
40% |
| Reference to and use of relevant legal principles | Little evidence of reference to relevant legal principle or incorrect or inappropriate principles referred to. | Generally well supported work, but missed some legal principles or misunderstood some legal principles used. Most information is appropriate, consistent and supportive of the conclusions drawn. | Conclusions are fully supported by appropriate and well explained legal sources. May be some minor omissions. | Evidence of critical or thoughtful sorting and selection of legal authorities. Comprehensive and accurate. Conclusions fully supported by reference to relevant legal principles. | 30% |
| Structure and organisation | Well enough structured to make sense; could be better organised and more tightly focused upon the topic. Instances of irrelevance or confusion. | Sequence and structure are logical and easy to follow. Introductory and concluding sections used effectively. | Ideas are sequenced in a logically satisfying way; connections between different themes or sections are well made. | Structure and sequence are used effectively to help integrate ideas or support logical argument. Soundly structured throughout. | 20% |
| Style and Referencing | Little evidence of any coherent referencing style. Some sources not properly acknowledged. Many typographical and grammatical errors | Applies a coherent referencing style but some inconsistencies. Some typographical and grammatical errors | Generally well-expressed arguments with very few grammatical or typographical errors. Applies a coherent referencing style | Extremely well-expressed arguments with no grammatical or typographical errors. Consistent and detailed referencing throughout. | 10% |
