ASSESSMENT 2 BRIEF
Subject Code and Title MGT608 Business Law and International Contexts
Assessment Case Study
Individual/Group Individual
Length 2500 Words
Learning Outcomes This assessment addresses the following Subject Learning
Outcomes
a) Critically analyse what law is and the role law plays in doing business internationally
b) Critically evaluate the applicability of a significant range of laws and explain their impact on those carrying out professional and managerial duties
c) Critically evaluate the multiplicity of laws and the conflicts they may present when doing business internationally
d) Construct and justify recommendations to management on specific legal implications of doing business
Submission By 11:55pm AEST/AEDT Sunday of Module 4.2 (Week 8)
Weighting 40%
Total Marks 40 marks
Context
Australian businesses may wish to expand their operations and enter new markets in other countries. Making contracts is fundamental to business practice and this assessment allows students to reflect on the types of contracts a business may enter and to consider what the law relating to contracts is in the country they seek to do business.
This assessment builds on Assessment one (1) where research was conducted on the legal system of a chosen country.
Instructions
Assume that you are the director of an Australian company that does business in a number of overseas countries. Your company has decided that there is an opportunity to do business in the country that you researched in Assessment 1 (chosen country).
Your task is to prepare a written document appropriately referenced, that address the following matters:
1. State the nature of business your company is involved in. Be as creative as possible. For example, you may decide that you are a manufacturer who wishes to export goods to the chosen country. Alternatively, your company may provide services which can be offered in the chosen country or your company may wish to import goods and/services from the chosen country.
2. Explain in as much details as possible the business opportunity that has arisen for the company.
Making contracts is fundamental to business practice. Your company will need to make contracts in the scenario country. Please ensure you
• Identify the types of contracts that your business would need to enter in order to do business successfully in the scenario country. Explain why these contracts are necessary.
• Identify and explain the sources of contract law in the chosen country.
• Identify and explain the legal requirements for the creation of a valid contract in the chosen country.
• Explain the remedies for breach of contract in chosen country.
• Discuss whether it would be necessary to appoint an agent in the chosen country and an explanation for your decision.
• Identify whether Australia has a Free Trade Agreement with chosen country and explain the implications of this.
• Identify any specific regulations that apply in the chosen country based on the nature of your company’s business.
Suggested format
Whilst the format may vary for your report, below is suggested format for you to follow:
• Cover page
• Executive Summary [approximately 300 words] o A concise summary of the main report in bullet points
• Introduction (approx. 300 words)
• Main Discussion [800-1200 words]
• Conclusion [300 words]
• Appendices where applicable
Referencing
It is essential that you use appropriate APA style for citing and referencing research. Please see more information on referencing here https://library.torrens.edu.au/academicskills/apa/tool
Criteria for Assessment
Your assessment will be graded according to the criteria set out in the Assessment Rubric below. Please read this carefully.
Submission Instructions
Submit this assessment via the Assessment link in the main navigation menu in MGT608 Business Law and International Contexts. The Learning Facilitator will provide feedback via the Grade Centre in the LMS portal. Feedback can be viewed in My Grades. Your Learning Facilitator will also provide feedback at the end of your class presentation.
Assessment Rubric: MGT608 Assessment 2 Case Study
Assessment Attributes Fail (Unacceptable) 0-49% Pass
(Functional)
50-64% Credit
(Proficient) 65-74% Distinction
(Advanced)
75 -84% High Distinction
(Exceptional)
85-100%
Global Perspective
Percentage for this criterion
30% Limited knowledge, skill and/or experience in global perspectives Identifies objectives and strategies of international business in the context of global
competition
Identifies appropriate elements of the legal principles in the country as applicable to business transactions Analyses impact of entering new
international markets
Analyses market segmentation in attractive international
markets
Identifies appropriate elements of the legal principles in the country as applicable to business transactions Identifies cultural differences; international trade
policies and institutions
Notes legalities surrounding direct investment
Identifies appropriate elements of the legal principles of the country as applicable to business transactions Introduces clear global perspectives into the analysis
Recommends
international commercial and legal
arrangements
Is sensitive to regional economic integration.
Identifies current international business trends and
developments
Application of
Knowledge
Percentage for this criterion
30% Limited understanding of the internal and external business
environment
Lacks a global perspective for potential markets and trends
Understands the internal and external business environment including commercial context and market
forces
Understands local and global market trends Accesses relevant information Understands the impact of financial, social, political, environmental
issues on the business
Demonstrates commercial awareness of product
development/service
provision
Understands the impact of financial, social,
political, legal and environmental issues on the business, as they relate to different countries where the
business may operate
Demonstrates commercial awareness Demonstrates cultural
sensitivity
Understands the impact of financial, social,
political, legal and environmental issues on the business, as they relate to different countries where the business may operate
Uses a limited range of information as the
basis for
recommended practice
Synthesises and evaluates information from a variety of sources
Gathers and uses competitor knowledge Understands the business
Can prepare and present business cases and proposals. of product development/service provision and cost
relationships
Understands the
business and its risks
Can prepare and present business cases and proposals
Demonstrates commercial fluency with product development/service provision and cost
relationships
Understands the
business and its risks
Assesses the impact of information and communication systems on the operations of the business
Demonstrates currency with legal implications of entering a foreign market place for businesses
High level of
Personal Autonomy
and Accountability
Percentage for this criterion
10%
Does not reflect on own learning. Reflects on own learning Reflects on own learning and modifies approaches where necessary. Reflects on own learning
and uses reflection for own development Reflects on own learning and uses
reflection for own
development
Demonstrates resilience
by balancing competing priorities
Knowledge and skills demonstrating
Creativity and
Initiative
Percentage for this criterion
20% Limited understanding of required concepts and knowledge.
Key components of the assignment are not all addressed Demonstrated knowledge or understanding of the field of law.
Key components of the brief are addressed
Often conflates/confuses assertion or personal opinion with information substantiated by evidence from the research/course materials. Thorough knowledge or understanding of the field of law.
Supports personal opinion and information substantiated by evidence from research.
Explores the limits and strengths of current knowledge.
Demonstrates capacity to explain and apply relevant concepts Highly developed understanding of the field of law.
Discriminates between assertion of personal opinion and information substantiated by robust evidence from research and extended reading.
Evaluates the limits & strengths of current knowledge.
Well demonstrated capacity to explain and apply relevant concepts. A sophisticated understanding of the field of law.
Systematically and critically discriminates between assertion of personal opinion and information substantiated from research and extended reading.
Extends the limits and
strengths of current
knowledge
Masters concepts and application to new situation and further learning.
Effective
Communication
Percentage for this criterion
10% Difficult to understand for audience, no logical/clear structure, poor flow of ideas, argument lacks supporting evidence.
No effort is made to keep audience engaged; audience Information, arguments and evidence are presented in a way is not always clear and logical.
Attempts are made to keep the audience engaged, but not always successful. Line of Information, arguments and evidence are well presented, mostly clear flow of ideas and arguments.
The audience is mostly engaged, line of reasoning is easy to follow. Information, arguments and evidence are very well presented; the presentation is logical, clear and well supported by evidence.
Engages the audience, demonstrates cultural sensitivity. Expertly presented; the presented is logical, persuasive, and and well supported by evidence, demonstrating a clear flow of ideas and arguments.
Engages and sustains audience’s attention in
follow the line of reasoning. reasoning is often difficult to follow. the topic, demonstrates high levels of cultural sensitivity