Corporate Law semester 1 2021 paired written assignment questions PDF

Preview

Summary

Corporate Law semester 1 2021 paired written assignment questions. Only questions no answers included...

Description

BLAW20001 CORPORATE LAW 2021 PAIRED WRITTEN ASSIGNMENT ASSIGNMENT INFORMATION Due Date: Word Limit:

The assignment is due at 12noon on Wednesday, 14 April 2021 2000-words Code 1 applies. This means that the word limit will be strictly enforced, and any excess will incur a marking penalty. The marking penalty will be calculated as follows:WORDS 2001 – 2100 2101 - 2200 2201 – 2300

PENALTY - 2 marks - 4 marks - 6 marks

Headings are not included in the word count.

Weighting: Submission:

There is no obligation to use all 2,000 words. However, we expect that you will need most of those words to be able to answer the question fully with thorough discussion and proper use of cases and legislation. 20% Only ONE student from each pair should submit their assessment to the Canvas LMS subject page, by the due date to be considered for assessment. Instructions on submitting your answer via the subject page will be posted on the subject page. You must include the student ID number of both group members on the first page of your submission. Papers cannot be submitted via email or in hard copy to the Melbourne Law School Academic Support Office or any member of the teaching staff.

Late Submission:

You are required to submit your answer as a Word Document (not PDF). An assessment task is considered late if it is not submitted by the due time and date. The Melbourne Law School policy states that “Any assessment handed in late will incur a penalty of 5% deduction of the total available marks for that particular piece of assessment for every day or part thereof, beyond the date and time of submission (or any extension granted). This includes weekends and public holidays.” For the Interim Essay that is worth 40 marks, the penalty to be applied therefore is 2 mark for every day, or part thereof, that it is late. For example, if your paired assignment is submitted 30 minutes late on the same day as the due date, then a penalty of 2 mark will be applied.

BLAW20001 Assignment 2021

Collaborative Work Statement:

Plagiarism:

Extensions:

The collaborative work statement for this assignment is Code 4. This assessment task is a collaborative task. Students are permitted to discuss the topic, generate ideas and prepare the task together with their group members, but should not discuss or share their work with people outside their group. Electronic submission via the subject page incorporates the use of the webbased online plagiarism detection system, Turnitin. Turnitin compares electronically submitted papers to billions of pages of content located on the Internet and proprietary databases. It also compares each student’s answer with the answers submitted by other students. The University views plagiarism very seriously and further information regarding policies and penalties in relation to plagiarism are available on the Law School homepage. Students must ensure they have reviewed the University’s requirements on academic integrity in the Student Academic Integrity Policy and the Academic Board Regulation before submission. The Melbourne Law School Academic Support Office processes all applications for extensions of up to 10 working days. Students are advised to apply for an extension as soon as it becomes evident that an extension is required. A delay in doing so may result in the application not being approved. Applications for extension of time for written assessment must be submitted at least three (3) working days before the assessment due date. Further information on extension applications and eligibility can be found here: Extensions must be applied for via in accordance with the following process: https://law.unimelb.edu.au/students/academic-support-andwellbeing/wellbeing/procedures/extensions

Students can apply for an extension online: https://mls.formstack.com/forms/mls_extension_application. Special Consideration Students requesting special consideration must apply via their student portal. Please note that teachers cannot assist with student requests for special consideration. Students can apply for special consideration for short term circumstances via their student portal (https://my.unimelb.edu.au/). Special Consideration must be applied for in accordance with the following process: http://ask.unimelb.edu.au/app/answers/detail/a_id/5921/~/specialconsideration-applications Please remember to attach relevant supporting documentation to your application. Please note that teachers cannot assist with student requests for special consideration.

BLAW20001 Assignment 2021

INSTRUCTIONS 1. This assignment is compulsory. 2. The assignment comprises 4 questions. Each question must be answered. 3. Your assignment will be marked out of 40 and scaled to a mark out of 20. 4. Students MUST complete the assignment in pairs. Individual submissions will receive a mark of 0 for the assignment. 5. Students are expected to take equal responsibility for the completion and submission of the answer. Students are strongly encouraged to attempt each question individually and then work together to reach a final answer. 6. Please ensure that only your student numbers are provided on your submission. DO NOT include your name or tutorial details. 7. Please refer to information on Canvas which provides guidance on legal writing. 8. The assignment assesses material covered in Lectures 1 to 4 and the associated prescribed readings only. Material dealing with later topics will be ignored. Do not discuss directors’ duties. 9. A bibliography is not required. 10. Case citations (e.g., Salomon v Salomon & Company [1897] AC 22) can either be in the body of the answer or in footnotes. Section numbers of legislation should be in the body of the answer, and no further footnoting is required. 11. Common abbreviations may be used, 12. The assignment is an ‘authentic’ task. It is designed to provide a real-world experience of professionals in practice. As such, you are expected to collaborate with one other person in completing the ask, a common feature of professional practice. 13. Your response to the hypothetical questions will be assessed against the following criteria: (a) (b) (c) (d)

Identification of issues. Identification and use of appropriate legislation and case law to support your argument. Application of identified legislation and case law to the facts in the assignment question. Strength and reasonableness of your argument and conclusion based on your ability to apply the law to the hypothetical facts. (e) Clarity of writing and structure of your answer. 14. Your response to the theory question will be assessed against the following criteria:(a) Accuracy of response. (b) Quality and reasonableness of discussion applicable to response. 15. You may be guided by the marks allocated to each question to determine how detailed your response should be.

BLAW20001 Assignment 2021

QUESTIONS QUESTION 1 (HYPOTHETICAL) Tahani and Jason are the (“TFP”). TFP carries on business as a ‘pop-up’ amusement park and is famous for its carnival rides and frozen desserts. for the supply of frozen yogurt and other confectionary which is available for sale at TFP. , so they All the

which continues the

new business. The directors of Yum Yum Pty Ltd seek your advice as to from TMFP. [5 marks] QUESTION 2 (HYPOTHETICAL) Matthew is an , and the design firm which has recently sparked international attention. The the company’s shares and

(“ES”). ES is an award-winning

.

of

In addition to the replaceable rules in the Corporations Act 2001, ES has the following clauses in its own company constitution:1. Carol shall be the company’s Lead Architect until at least 31 December 2025. 2. From 1 January 2021, Matthew shall be paid an annual salary of $125,000, with biannual salary increases of 3%. 3. Section 203C does not apply to Edge Studios Pty Ltd. 4. Section 202A does not apply to Edge Studios Pty Ltd. Matthew is becoming increasingly frustrated with Carol’s work ethic and has received numerous complaints from clients about her. (a)

Can Matthew remove Carol as the company’s Lead Architect? If so, how?

(b)

What rights (if any) does Matthew have if the company pays him less than what Clause 2 provides?

(c)

Can Carol or Donald enforce Clause 2 or change the constitution to remove clause 4 if Matthew decides to pay himself a larger salary than what Clause 2 provides?

(d)

Carol and Donald are becoming increasingly frustrated with the way in which Matthew is running the company. What options are available to them? [15 marks]

BLAW20001 Assignment 2021

QUESTION 3 (HYPOTHETICAL) Ringotts Bank Ltd (“Ringotts”) is the ‘bank of choice’ for the wizarding community. It offers competitive rates and the very best security measures for digital and physical accounts. It has branches all over Australia and its Head Office is in Brisbane.

will be used by her to patent a revolutionary magical brew.

However, Head Office has told Cornelius that he only has the authority to prepare loan contracts: Two weeks later,

.

Head Office hear of the loan and . Luna needs the money as she has invested heavily in raw materials and ingredients needed to make the brew. Luna seeks your advice as to whether the . DO NOT discuss patent law or intellectual property law. [15 marks]

QUESTION 4 (THEORY QUESTION) What are some of the

, as a for Identify some of these differences and explain what effect they have for the operators of the business. [5 marks] HINTS & TIPS -

Read the facts carefully and ensure you understand them. You may interpret the facts at ‘face-value’. If something is unclear, you may make an assumption if it is consistent with the facts. Do NOT discuss material beyond the scope of material covered in lectures and prescribed readings during weeks 1 – 4. Take time to plan and structure your answer carefully. If you have turned your mind to it and believe it is relevant, include it in your response.

BLAW20001 Assignment 2021...