Australian Commercial and Corporations Law
Assignment 2
Instructions
This assignment is worth 30 marks and represents 30% of the overall assessment.
The word limit total is 3000 words. Since the mark allocation per question varies the suggested word limit per question is:
Q1 500 words
Q2 2000 words
Q3 500 words
You are required to use references in your assignment. A marking criteria is attached herein.
This is a research based assignment so it is STRONGLY recommended that you show evidence of research by use of material requiring referencing and depth of your discussion/argument. This means critical analysis that weighs up research material and an evaluation is made. For example in Question 2 there are advantages and disadvantages with having an SMSF. This provides an opportunity to evaluate these and come to a conclusion as to who is best suited to have an SMSF. I am happy to discuss this issue further individually if this is required.
Note: As this is a research exercise the ILAC structure is not appropriate. In this type of paper you should have an introduction, followed by the main body of discussion which addresses the research question, followed by a conclusion.
Answer all questions in an essay format.
Question 1 (5 marks)
In negligence law the “reasonable person” is used to assist in determining questions relating to duty of care and the relevant standard of care. Who is the “reasonable person,” meaning what are their characteristics and how does the law adapt it in differing circumstances?
Question 2 (20 marks)
What are “self-managed super funds” or SMSFs? Write an essay explaining their nature, benefits and risks, set up and operation.
Question 3 (5 marks)
Normally the relationship between employer and employee is not an agency relationship, although in the right circumstances it could be. Why is it generally not seen as an agency relationship?
MARKING CRITERIA FOR LAW8500 ASSIGNMENT 2
Criterion HD A B C Refer/Fail
Knowledge, understanding & reasoning
Excellent understanding; accurate and thorough analysis with insightful comment Good understanding and analysis; accurate and relevant comment Sound understanding and analysis; some appropriate comment Mostly sound understanding and analysis Inadequate understanding and/or analysis
Communication
Highly effective written communication; correct spelling and grammar; excellent presentation and structure Communicates effectively and clearly; correct spelling and grammar; good presentation and structure Sound communication in an appropriate style; reasonable spelling and grammar; reasonable presentation and structure Mostly sound communication generally in an appropriate style; reasonable spelling and grammar; some effort at presentation and structure Communication is inaccurate, unstructured, unfocussed and/or inappropriate
Research
Intelligent and effective identification and use of appropriate resources; accurate referencing Effective identification and use of appropriate resources; accurate referencing Sound identification and use of appropriate resources; reasonably accurate referencing Some identification and use of mostly appropriate resources; reasonably accurate referencing Research absent, inadequate and/or erroneous; referencing lacking or erroneous
Self-management and attention to instructions
Excellent engagement with task; careful adherence to instructions Good engagement with task; careful adherence to instructions Reasonable engagement with task; reasonable adherence to instructions Some engagement with task; key instructions mostly followed Limited engagement with task; inattention to instructions