business & corporate law
contract law & Business Structures questions
HOLMES INSTITUTE
FACULTY OF
HIGHER EDUCATION
HI6027 Business and Corporate Law Group Assignment T2 2020
Assessment Details and Submission Guidelines
Trimester T2 2020
Unit Code HI6027
Unit Title Business and Corporate Law
Assessment Type Group Assignment
Assessment Title Case Studies of Business Law and Business Structures
Purpose of the
assessment (with ULO
Mapping)
The purpose of the Group Assignment is to provide students with an opportunity to
work in a collaborative environment in solving two case problems by citing the relevant
legal rules and cases and applying
these to the facts of the case.
In this Group Assignments, students are required to:
– Critically analyse the ethical implications of legal decisions and how they impact on
the business environment. (ULO 2)
– Assess the obligations, rights and remedies available to parties in particular
commercial relationships. (ULO 3)
– Critically examine the foundations of Australian company law. (ULO 4)
– Critically discuss and apply contract and tort law in business circumstances. (ULO 5)
– Critically discuss and apply the legal framework that regulates a company’s dealings
with outsiders. (ULO 7)
Weight 40% of the total assessments
Total Marks 40%
Word limit Group Written Report of maximum 2,000 words
Due Date Week 10
Submission
Guidelines
• All work must be submitted on Blackboard by the due date along with a completed
Assignment Cover Page.
• The assignment must be in MS Word format, no spacing, 12-pt Arial font and 2 cm
margins on all four sides of your page with appropriate section headings and page
numbers.
• Reference sources must be cited in the text of the report, and listed appropriately
at the end in a reference list using the AGLC style.
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HI6027 Business and Corporate Law Group Assignment T2 2020
Assignment Specifications
Purpose:
The Group Assignment aims to provide students with an opportunity to work in a collaborative
environment in solving two case problems by citing the relevant legal rules and cases and applying
these to the facts of the case.
Students are to form groups, with a minimum of 2 and a maximum of 4 students per group. The
assignment consists of a 2,000-word written report.
Instructions: Please read and re-read carefully to avoid mistakes.
Group Report
1. This group assignment consists of 2 parts. Part A is a question on Contract Law, and Part B is a
question involving Business Structures. Both questions must be answered. Each question is worth
20 marks.
2. The total word limit for the group report is 2,000 words (+/- 10% allowed) with each part having a
maximum word count of 1,000 words. Word count limits are strictly enforced. A deduction of two
(2) marks will be imposed for every 50 words over the word count for either part of the report.
Anything over the word count will not be read by your lecturer.
3. The total word count for the report as well as each part must be clearly written on the cover sheet
of the assignment. A paper will not be marked if the word counts are not written on the cover
sheet.
4. The group report is worth 40% of total marks in this unit.
Important Reminders:
• You must form your groups by self-enrolment in Blackboard. Please refer to the document “Group
Assessment Self Enrolment Tutorial” that has been posted in Blackboard (under announcements
and also in “Assessments” folder). This document will assist you with the process of self-enrolling
in a group to undertake an assessment task in Blackboard Ultra.
• All group report submissions must be de done online and run through SafeAssign. No hard copies
are to be submitted. Only one group member needs to submit for the whole group.
• You must attach as the official Holmes Institute cover sheet to your group report and upload on
Blackboard.
• Group report must be submitted via SafeAfssign on Blackboard and show a similarity percentage
figure. Any group report that does not show a SafeAssign similarity percentage will not be marked
and be required to re-submit.
• Late submissions will be subject to Holmes Institute policy on student assessment submission
and late penalties (please refer to subject outline and Student handbook).
• All reports are expected to observe proper referencing in accordance with the Australian Guide
to Legal Citation (AGLC). A copy of the AGLC has been posted in the Week 2 tutorial folder.
You may also download a copy for free via this link:
https://law.unimelb.edu.au/__data/assets/pdf_file/0005/2877782/AGLC3
https://law.unimelb.edu.au/__data/assets/pdf_file/0005/2877782/AGLC3
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HI6027 Business and Corporate Law Group Assignment T2 2020
• In general, for written reports, a SafeAssign similarity percentage of 25% or below is acceptable.
Regardless of the similarity figure, all group reports must use in-text citation and observe proper
referencing rules.
• All assignments are expected to strictly follow Holmes Institute’s Academic Conduct and Integrity
Policy and Procedures. A copy of the Policy is available on the Holmes Institute home page.
(About Holmes > Policies) This policy is also explained in your Student Handbook.
• Plagiarism and contract cheating in any form will not be tolerated and will have severe
consequences for the groups found committing the same, including receiving zero (0) for the entire
assignment and possible failure in the unit.
• Any group assignment that is found to contain fake or bogus references or references that are
clearly irrelevant to the subject matter of the assignment will receive an automatic zero (0) mark.
• IMPORTANT: Identification of individual work. To ensure that all students participate
equitably in the group assignment and that students are responsible for the academic integrity of
all components of the assignment, each group must complete the following table which identifies
which student/students are responsible for the various sections of the assignment:
Assignment section Student/Students
This table needs to be completed and submitted with the assignment as it is a compulsory
component required before any grading is undertaken.
Marking criteria Weighting (%)
Group Report
– Identification of material facts involved in problem question 8%
– Identification of legal issues / legal question and relevant law 10%
– Thorough yet succinct application of law to material facts 10%
– Citation and referencing 8%
– Professional quality 4%
TOTAL Weight 40%
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HI6027 Business and Corporate Law Group Assignment T2 2020
Assignment Questions
Part A: Contracts Law Question (20 marks)
• Read the Contracts Law question below.
• In 1,000 words (+/- 10% is allowed), answer your chosen question using the IRAC method.
• Your answer must be supported by relevant law and cases decided by Australian courts
(preferably the High Court) and/or scholarly articles. A minimum of 3 genuine and relevant
references are required for this part of the report.
• Your references must be listed in a Reference list at the end of the Part A question.
Rhino Distillery, a famous whiskey distillery, placed the following advertisement in the Avid
Angler magazine on 25 January:
‘Calling all anglers of all ages and levels! Come one, come all! Fishermen
and women of Placid River. We are offering prize money of $75,000 to any
angler who reels in Misterjaw, a giant barramundi which we have tagged and
released into the river.’
The following day was the Australia Day holiday. Placid River was crowded with people
fishing from the bank and from boats. At around noon, a rumour spread among the people
on the bank that there had been an error in the advertisement: that the true amount should
have been $7,500 and that Rhino Distiller had announced that the prize would be the lower
amount. The rumour was in fact true.
Georgie Lang, known to his friends as “Gorka”, had heard this rumour from the stranger
fishing beside him, minutes before catching Misterjaw. A Rhino Distillery representative was
present to certify the catch before Misterjaw was released back into the river, but did not
say anything about the amount of the prize money.
In the meantime, Tyler Henry, also known as “Hank” among the local angler aficionados,
was fishing from his boat and did not hear the rumour. Hank was so sure that he would
catch Misterjaw and claim the prize. He returned every weekend until he finally caught
Misterjaw on Christmas Eve.
Gorka now claims that Rhino Distillery owes him $75,000. Hank also claims that Rhino
Distillery owes him that prize money.
Advise Rhino Distillery, explaining applicable legal principles and citing relevant authorities
on:
(1) Whether the company is liable to pay Gorka the $75,000 prize. (10 marks)
(2) Whether the company is liable to pay Hank the $75,000 prize. (10 marks)
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HI6027 Business and Corporate Law Group Assignment T2 2020
Part B: Business Structures question (20 marks)
• Read the questions below on Business Structures.
• In 1,000 words (+/- 10% is allowed), answer the chosen given question.
• A minimum of 3 genuine and relevant references are required for this part of the report. Examples
of relevant references for this question include the Corporations Act 2001 (Cth); the Australian
and Securities and Investment Commission’s (ASIC) website (www.asic.gov.au), the website of
the Australian Business Register’s (ABR) website (www.abr.gov.au).
• Your references must be listed in a Reference list at the end of the Part B question.
A music promoter has had an offer to bring a famous musical group from England to Australia,
as part of its world tour to promote its new album. The music promoter has done smaller tours
previously, but nothing on the scale proposed by the manager of this famous group, the tour
will cost several million dollars, but is likely to have revenue which will result in substantial
profits for those involved.
The promoter has some contacts at a national radio station which can promote the tour, and
there is at least one financier who is interested in financing the tour in return of course for a
share of the revenue from the tour.
The promoter is calling for a meeting of the different interested parties, he is not sure what
business organisation would be best to manage and conduct the proposed tour, particularly
as it is going to involve various diverse entities, each with their own separate business
interests.
Explain:
• The options open to the different parties in what business structure they might use to
promote the tour (8 marks);
• The dangers of each type of business structure (6 marks); and
• Whether there is any means of limiting risks by each party (6 marks)
http://www.asic.gov.au/
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HI6027 Business and Corporate Law Group Assignment T2 2020
Marking Rubric
Group Report
Total marks
available: 20 marks
per question
Excellent
Good
Satisfactory
Unsatisfactory
Identification of
material facts
involved in problem
question
(8 marks)
7.5 to 8 marks
Completely
identifies all
relevant facts of
case
6 to 7 marks
Identifies most of
the relevant facts
of case
4 to 5.5 marks
Identifies the
basic relevant
facts of the case
but misses other
relevant facts
Below 4 marks
Does not identify
relevant facts of case
Identification of
legal issues / legal
question and
relevant law
(10 marks)
9 to 10 marks
Correctly identifies
all relevant legal
issues and are
stated in the form
of questions.
Correctly identifies
relevant and
appropriate legal
rules and case law,
and states them in
the form of
statements
7 to 8 marks
Issues correctly
identified, but
may contain
extraneous
information and
are not stated in
the form of
questions.
Legal rules and
case law correctly
identified, but
may contain
extraneous info
and are not in the
form of
statements.
5 to 6 marks
Issues are not
completely
identified.
Legal rules and
case law not
correctly
identified.
Below 5 marks
Identifies incorrect or
irrelevant issues.
Identifies incorrect or
irrelevant legal rules
and case law.
Thorough yet
succinct application
of law to material
facts
(10 marks)
9 to 10 marks
Correctly identifies
facts; well-
reasoned
discussion relating
facts to the rules
and case law.
7 to 8 marks
Correctly
identifies facts.
Not well
reasoned.
5 to 6 marks
Facts not correctly
identified.
Analysis
incoherent.
Below 5 marks
Scant to no analysis.
Citation and
referencing
(including minimum
number of
references)
(8 marks)
7.5 to 8 marks
Correctly cites
minimum of 6
references, in-text
and in reference
list.
6 to 7 marks
Has minimum of 6
references; or has
occasional errors
in formatting of
in-text citations
and reference list
4 to 5.5 marks
Does not have
minimum of 6
references or
contains errors in
formatting of in-
text citations and
reference list
Below 4 marks
No referencing either
in-text or in reference
list; or cites
inappropriate
references; or all
references not cited in
the correct format.
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HI6027 Business and Corporate Law Group Assignment T2 2020
Professional quality
including language
use and writing
style
(4 marks)
3.75 to 4 marks
Professional
language. No
grammatical,
punctuation or
spelling errors.
3 to 3.5 marks
Some mistakes.
Does not detract
from
understanding.
2.5 to 2.75 marks
Many mistakes.
Detracts from
understanding.
Sloppy.
Below 2 marks
Reflects no real effort.
Deductions
Excess word count
(1 mark for every 25
words over)
Under the word
limit (1 mark for
every 25 word
under)
Lacks minimum of 6
references (1 mark
for every missing
reference)