Assessment item 1
Problem questions
Value: 20 %
Due date: 17- Aug -2015
Return date: 07- Sep -2015
Length: 2000 words
Submission method options EASTS (online)
Task
Please note that the word limit of 2 000 words is a total for both questions (ie, it is not 2 000 words for each question) and is inclusive of references and bibiography. I would however expect that students should be able to answer both questions in far less than 2 000 words.
**In this subject, assignments are marked on-line, using an adapted MS Word programme. You therefore MUST submit your assignment in Word format, NOT as a PDF document. If you submit in PDF it will not be able to be marked.**
## If you think you may need and extension for this assignment, please read the rules relating to extensions towards on pp 24-5 of this Subject Outline before applying for an extension. ##
ASSIGNMENT 1
Question 1 [10 marks]
Frances, Mary and Jane meet as students of dentistry. After graduating they form a dental practice in Sydney of which they are all equal partners and which they call Happy Smiles. They agree that, as partners, they will each have authority to enter into contracts of up to $ 20 000, but that contracts in excess of that amount require the express concurrence of all partners. When Frances and Mary are away on holiday overseas, Jane sees that a new medical supply company, Sleeping Gas Co Ltd is offering a special deal on the usual brand of anaesthetic gas used by Happy Smiles. She signs a contract in the name of Happy Smiles, to buy 6 cylinders of gas for $ 5 000 each. She also signs an order to buy a small truck from Dan's Auto Lot Ltd, thinking that, if she were to get a truck driver's licence, Happy Smiles could expand into the road haulage business. When Frances and Mary arrive back from their holiday, they refuse to authorise payment for the gas or the truck and, along with Jane ( who they are no longer talking to) have now been sued by Sleeping Gas Co Ltd and Dan's Auto Lot Ltd. Advise Frances and Mary as to their liabilities, citing relevant legal authority.
Question 2 [10 marks]
Mark worked as route manager for United Trucks Pty Ltd in Queensland from 2003-10. A term of his contract was that if he should leave the company, he could not engage in the trucking industry in Queensland for five years. In 2011 he registered a company called Sunshine Trucks Pty Ltd. Mark owns 99% of the shares. The other 1% is owned by his brother, Greg, whom he elected as sole director and CEO. Sunshine Trucks operates from Townsville and carries goods all over Queensland. All contracts for haulage of goods are signed by Greg in the name of Sunshine Trucks Pty Ltd. Greg also signed a contract on behalf of the company, taking out a loan of $ 2 million from Grasping Bank in 2011 as start-up capital. The company did well during 2011, 2012 and the first half of 2013, but in July 2013 was not able to repay a loan instalment of $ 100 000 owing to Grasping Bank Ltd. Mark comes to you for advice after receiving two letters: One from United Trucks Pty Ltd requiring him to cease the operations of Sunshine Trucks Ltd in Queensland, the other from Grasping Bank Ltd threatening to sue him for $ 100 000. Advise him, citing all relevant legal authority.
Please note that you should assume that the restraint of trade clause in the contract that Mark had with United Trucks is valid under the law of contract, and so you should therefore not address that issue.
**Please check that your assignment complies with the rules contained in the Style Guide before you hand it in.**
Rationale
This assessment item will allow you to demonstrate competence in relation to the following learning outcomes:
Your ability to identify the different types of business organisation and the sources of the law regulating them
Your ability to identify and explain the rules of law regulating the internal relationship between the participants of each organisation and between the organisation and third parties Your ability to use legal research skills to apply the law to legal problems
And more specifically:
Your knowledge of the law of partnership;
Your knowledge of the legal effect of incorporation ;
Your knowledge of the law governing the legal relationships within partnerships and corporations and the relationships between these types of business organisation and with outsiders ;
Your ability to complete an assessment task which is relevant to professional practice and the giving of advice in the workplace.
Marking criteria
CRITERIA HD DI CR P FL
Students are To meet this level To meet this To meet this To meet this level you At this level you will required to you will achieve a level you will level you will will achieve a obtain a mark of answer two cumulative mark achieve a achieve a cumulative mark of 0-49 %. A mark in problem type of 85-100%. A cumulative cumulative mark 50-64%. A mark in this range indicates questions in mark in this range mark of of 65-74%. A this range indicates that a student: order to indicates that a 75-84%. A mark in this that a student:
demonstrate: student: mark in this range indicates
range indicates that a student:
that a student:
Comprehensive Correctly Identifies and Identifies some legal Identifies no relevant Identification coverage and identifies legal correctly issues. May or may issues or only a few of relevant identification of all issues and formulates most not formulate them of them. Some of legal issues legal issues, which formulates major legal correctly. Considers these may be are formulated them with issues connected links to relevant law. unclearly with consideration consideration to relevant law. formulated. Considers of all contextual of contextual few contextual
factors . factors factors of relevant connected to law.
relevant law, with only minor errors.
Explanation Provides a Provides a Provides a Provides a basic Provides incorrect or of law and complete comprehensive substantial explanation of the limited explanation of citation of explanation of the explanation of explanation of law, but with the law using no, or relevant law, justified by the law with the law but with significant errors, only a limited range legal relevant law, with few errors, some errors, substantiated by some of, authority. authority no substantiated substantiated by legal authority.
errors. Discussion by relevant significant legal identifies key case and authority in the statute and case statute law form of statute
law stating stating and case law.
relevant principles. relevant principles.
Application Applies the law to Applies the Applies the law Makes a basic attempt Paper does not of legal the facts so as to law correctly correctly to most to apply the law to the correctly apply law to principles to reach a correct to the facts so issues arising facts, but applies the facts and / or the facts conclusion on all as to address from the facts, wrong law and / or applies incorrect issues, with no all issues, with but with some contains significant law. May be errors. Argument only minor errors. Argument errors in the descriptive, rather discusses linkages errors. summarises application. Argument than putting forward
between facts and Argument application of summarises a reasoned argument.
the law and discusses the application of the
considers linkages law. Conclusion law. Advice to client counter-arguments. between facts summarises is incomplete.
Conclusion draws and the law. advice for client.
together advice for Conclusion
client. draws together
advice for client
Compliance Uses Style Guide Uses Style Adequate use of Limited or Poor, inconsistent or with the comprehensively, Guide Style Guide, inconsistent use of inaccurate use of Style Guide accurately and accurately and with some errors Style Guide. Some Style Guide. Poorly and overall consistently. Uses with only or lapses. Uses attempt at use of structured. Inadequate structure. ILAC model. minimal ILAC model and ILAC model and at or no use of
Extremely well errors. is clearly structuring of answer. paragraphs. May have structured and Uses ILAC structured. disregarded the ILAC organised, with model. Well model. one main argument structured, introduced per with one main paragraph, argument
supported by introduced per well-written paragraph. supporting sentences.
Written Uses appropriate Uses Uses appropriate Significant spelling, Poor grammar, academic writing appropriate academic grammar and spelling and/ or
expression which is formal, academic writing which is punctuation errors but punctuation. Paper and editing. impersonal and writing which formal and the paper is readable gives no evidence of which contains no is formal, and impersonal, with and demonstrates having been spelling, grammar impersonal a few spelling, some attempt at proof-read. and punctuation with only very grammar and proofreading. errors. Paper minor punctuation demonstrates spelling, errors. Paper careful grammar and demonstrates proofreading. punctuation evidence of errors. Paper proofreading.
demonstrates careful proofreading.
Presentation
Please comply with the following rules:
1. Do not re-state the question.
2. Use in-text referencing. Do not use footnotes.
3. Names of statutes should be italicised, and followed by the jurisdiction not in italics, for example: Acts Interpretation Act 1901 (Cth). Note the abbreviation for ‘Commonwealth’ is ‘Cth’ not ‘Cwlth’.
4. The names of the parties must be italicised, but the citation must not, for example: Smith v Jones (1967) 345 CLR 34.
5. An in-text reference to a book should be structured as follows: (Latimer, 2010, p. 75). There is no need to put the author’s initial. Note the positioning of brackets, stops and commas. You use ‘pp.’ only if referring to more than one page. If you are referring to a book with more than one author, the in-text reference would be as follows: (Smith et al, 2002, p. 78).
6. An in-text reference to the subject's Modules should be structured in brackets as per the following example - obviously you will alter the reference depending on the subject, year of study and Module number : (CSU LAW220 Modules, 2015, Topic 7).
7. Do not start a new line simply because you are starting a new sentence.
8. Be careful of apostrophes: director's = of a director, directors' = of many directors, directors = many directors. Also particularly prevalent is confusion between its (it possessive) and it's ( contraction of -it is- ).
9. The following words always start with a capital letter: Commonwealth, State, Act, Bill, Regulation, Constitution, Parliament. Do not unnecessarily capitalise other words.
10. One should not use terms such as can't, won't, don't and shouldn't, neither should one use -ie- and -eg- in formal writing.
11. A sentence must always begin with a full word and a capital letter – so a sentence would start ‘Section 55 says…’, not ‘S 55 says…’ or ‘s 55 says…’
12. Start each paragraph on a new line, and leave a clear line gap after the preceding paragraph.
13. You must put page numbers on your assignment.
14. Quotations, and excerpts from legislation should be indented from the rest of the text in a separate paragraph. The text in quotations should not be in italics.
15. You must end your assignment with a bibliography that is divided into three separate parts, listing statutes, cases and books / articles / on-line Modules.
16. A listing of a book in a bibliography should appear in accordance with the following format: Latimer, P (2010). Australian Business Law, 29th ed, North Ryde: CCH. If listing a book with multiple authors, do so as follows: Heilbron, G, Latimer, P, Nielsen, J and Pagone, T (2008). Introducing the Law, 7th ed, North Ryde: CCH.
17. When listing statutes at the end of your assignment you should conform to the format: Acts Interpretation Act 1901 (Cth). List the statute only once – you do NOT list individual section numbers relied on. You should not list textbooks as the source of Acts – the Act itself is its own source.
18. When listing cases conform to the format: Gordon v Richards (1976) 123 CLR 32.
19. When listing article conform to the format: Jones, J 'The new analysis of law' (2010) 4
Journal of Recent Law 34.
20. When listing CSU Modules conform to the following format: CSU LAW220 Modules.
21. Make sure that your sentences are grammatical – it may be useful to read your assignment out loud if you have any doubts about this.
PLEASE NOTE THAT YOU WILL LOSE MARKS IF YOU DO NOT COMPLY WITH THIS
STYLE GUIDE. I WILL REFERENCE NON-COMPLIANCE BY ANNOTATING YOUR ASSIGNMENT “2”, “5” ETC TO INDICATE WHICH OF THE ABOVE RULES NUMBERED 1 – 21 YOU HAVE BREACHED.
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