HOLMES INSTITUTE FACULTY OF HIGHER EDUCATION |
HI6027 Business and Corporate Law Group Assignment T1 2023
Cover Page
Unit Details |
Name | Business and Corporate Law |
Code | HI6027 | |
Year, Trimester | 2023, Trimester 1 |
Assessment Details |
Name | Group Assignment |
Due Date and Week |
26/05/2023, Week 10 |
Group Student Details |
Student ID | First Name | Family Name | Work Contribution |
Group Submission Declaration |
Integrity Declaration | Student ID | Full Name | Submission Date |
We have read and understand academic integrity policies and practices and our assessment does not violate these. |
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HI6027 Business and Corporate Law Group Assignment T1 2023
Instructions
Academic Integrity Information |
Holmes Institute is committed to ensuring and upholding academic integrity. All assessment must comply with academic integrity guidelines. Important academic integrity breaches include plagiarism, collusion, copying, impersonation, contract cheating, data fabrication and falsification. Please learn about academic integrity and consult your teachers with any questions. Violating academic integrity is serious and punishable by penalties that range from deduction of marks, failure of the assessment task or unit involved, suspension of course enrolment, or cancellation of course enrolment. |
Format Instructions |
• Most assessments must be in MS Word format with no spacing, 11-pt Calibri font and at least 2cm margins on all four sides with appropriate section headings and page numbers. • You must name your file with the Unit Code and Group Number (e.g. “HI5004 Group 4”). • Check that you submit the correct document as special consideration is not granted if you make a mistake. • Student IDs need to be indicated on the cover page. Non-contributing students do not receive marks. |
Penalties | • All work must be submitted on Blackboard by the due date and time along with a completed Assessment Cover Page. Late penalties apply. • Reference sources must be cited in the text of the report, and listed appropriately at the end in a reference list using Holmes Institute Adapted Harvard Referencing. Penalties are associated with incorrect citation and referencing. |
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HI6027 Business and Corporate Law Group Assignment T1 2023
Assignment Specifications
Assessment Details and Submission Guidelines | |
Trimester | T1 2023 |
Unit Code | HI6027 |
Unit Title | Business and Corporate Law |
Assessment Type | Group Assignment |
Assessment Title | Case Studies on Contract Law and Corporations Law |
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 three case problems by citing the relevant legal rules and cases and applying these to the facts of the case. In this Group Assignment, students are required to: – Critically analyse the main features of the Australian Legal System and the foundations of company law. (ULO 1) – Critically analyse the basic principles of Contract, Tort, and privacy law and apply them in resolving legal issues arising in commercial transactions. (ULO 2) – Research and advocate the appropriateness of the different types of business structures, the legal environment in which they operate, and their advantages and disadvantages in various commercial contexts. (ULO 4) |
Weight | 40% of the total assessments |
Total Marks | 40% |
Word limit | Group Written Report: maximum of 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, with 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 Adapted Harvard Referencing style. |
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HI6027 Business and Corporate Law Group Assignment T1 2023
Purpose:
The Group Assignment aims to provide students with an opportunity to work in a collaborative
environment in solving three 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 3 parts. Part A is a question on Contract Law, Part B is on Business
Structures, and Part C include two questions on Corporations Law.
2. Each question is worth 10 marks each.
3. The total word limit for the group report is 2,000 words (+/- 10% allowed)
● Word limit for Part A – 500 words
● Word limit for Part B – 500 words
● Word limit for Part C – 500 words for each question
4. It is recommended that students use the IRAC method to answer each case study question.
5. The group report is worth 40% of the 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 on Blackboard (under announcements and
also in the “Assessments” folder). This document will assist you with self-enrolling in a group to
undertake an assessment task in Blackboard Ultra.
● All group report submissions must be 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 the official Holmes Institute cover sheet to your group report and upload it on
Blackboard.
● The Group report must be submitted via SafeAssign on Blackboard and show a similarity percentage
figure. Any group report that does not show a SafeAssign similarity percentage will not be marked and
must be resubmitted.
● 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 Adapted Harvard
Referencing style.
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HI6027 Business and Corporate Law Group Assignment T1 2023
● Generally, a SafeAssign similarity percentage of 25% or below is acceptable for written reports.
Regardless of the similarity figure, all group reports must use in-text citations 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 will not be tolerated. It 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.
● 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.
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HI6027 Business and Corporate Law Group Assignment T1 2023
Adapted Harvard Referencing
Holmes has implemented a revised Harvard approach to referencing. The following rules apply:
1. Reference sources in assignments are limited to sources that provide full-text access to the
source’s content for lecturers and markers.
2. The reference list must be located on a separate page at the end of the essay and titled:
“References”.
3. The reference list must include the details of all the in-text citations, arranged A-Z
alphabetically by author surname with each reference numbered (1 to 10, etc.) and each
reference MUST include a hyperlink to the full text of the cited reference source. For example:
1. Hawking, P., McCarthy, B. & Stein, A. 2004. Second Wave ERP Education, Journal of Information Systems Education, Fall, http://jise.org/Volume15/n3/JISEv15n3p327.pdf |
4. All assignments must include in-text citations to the listed references. These must include the
surname of the author/s or name of the authoring body, year of publication, page number of the
content, and paragraph where the content can be found. For example, “The company decided to
implement an enterprise-wide data warehouse business intelligence strategies (Hawking et al.,
2004, p3(4)).”
Non-Adherence to Referencing Rules
Where students do not follow the above rules:
1. For students who submit assignments that do not comply with the rules, a 10% penalty will be
applied.
2. As per the Student Handbook, late penalties will apply each day after the student/s has been
notified of the due date.
3. Students who comply with rules and the citations are “fake” will be reported for academic
misconduct.
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HI6027 Business and Corporate Law Group Assignment T1 2023
Assignment Questions
Part A: Contract law (10 marks)
● Read the Contract law question below.
● In 500 words (+/- 10% is allowed), answer the given question in relation to Contract Law.
● Your answer must be supported by relevant cases from Common law.
● The full citations for all sources cited in your answer must be listed in a Reference list at the end of
your report.
● In addition, any online sources cited in your answer and listed in your Reference List must include a
valid hyperlink that allows access to the full text of the source.
Charlotte, aged 13, is a guitar virtuoso in Queensland. She has signed a three-year contract in Queensland
with Mick to learn specific guitar techniques to improve her skills. The terms of the contract stated that:
a. Mick would teach Charlotte guitar free of charge;
b. During the four-year period, Charlotte could not accept performance engagements for the guitar
other than those under Mick; and
c. Mick would employ Charlotte to perform on stage for at least two paid performances per year.
Charlotte accepted a performance engagement from Paul, to highlight her skills on the piano, as her
income from Mick’s employment was insufficient for her support. Mick wishes to sue Charlotte for breach
of contract.
Required:
Advise Mick using the principles of contract law.
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HI6027 Business and Corporate Law Group Assignment T1 2023
Part B: Business structures question (10 marks)
● Read the questions below on contract law.
● In 500 words (+/- 10% is allowed), answer the given question.
● Your answer must be supported by relevant Australian 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.
● The full citations for all sources cited in your answer must be listed in a Reference list at the end of
your report.
● In addition, any online sources cited in your answer and listed in your Reference List must include a
valid hyperlink that allows access to the full text of the source.
Gabriel and Leah are preparing to operate a small business which specialises in Australian specialty
chocolate. Gabriel tells you he plans to perform the administrative duties such as sending bills to customers
and answering the phone orders. Leah will cook and decorate the chocolates. Gabriel and Leah both want
some involvement in the management and ownership of the business. Gabriel and Leah are married but
do not have any close family members. They intend to hire more staff and wish to see the business continue
after their retirement. Leah is aware that another operator has just been sued and was found liable for $1
million dollars in damages after some plastic was found in one of their specialty chocolates. Gabriel and
Leah are unable to decide between a partnership or a company structure.
Required:
You are asked to provide advice to Gabriel and Leah on how the venture should be structured.
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HI6027 Business and Corporate Law Group Assignment T1 2023
Part C: Corporations Law question (total 20 marks)
● Read the two questions below on Corporations Law
● In 500 words for each question (+/- 10% is allowed), answer the given question.
● A minimum of 3 genuine and relevant Australian legal 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).
● The full citations for all sources cited in your answer must be listed in a Reference list at the end of
your report.
● In addition, any online sources cited in your answer and listed in your Reference List must include a
valid hyperlink that allows access to the full text of the source.
Part C – Q1) Corporations Law (10 marks)
Jerry is the managing director of customer relations in a home building firm called AV Jennings Limited.
A clause in his service agreement states that he will not deal with customers of AV Jennings Limited on
leaving the employment of that company.
Jerry decides to resign from AV Jennings Limited and joins a start-up called Fast Builders Limited which
streamlines the home building process for individuals through a dedicated app. Jerry is appointed customer
relations manager for Fast Builders. He then approached the customers he formerly dealt with at AV
Jennings Limited that no longer have a current engagement with AV Jennings Limited.
Required:
Advise AV Jennings Limited as to the grounds on which it can take legal action to prevent Jerry’s
actions.
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HI6027 Business and Corporate Law Group Assignment T1 2023
Part C – Q2) Corporations Law (10 marks)
AI Solutions Pty Ltd (“AI”) owns 50% of the shares of Chat TPG (“Chat TPG”) Pty Ltd. Last year, AI
was contacted by Microsoft Pty Ltd (“Microsoft”), which owns the other 50% of AI. Microsoft wanted
to invest a large sum of money in Chat TPG, to allow it to research and develop a potentially valuable
software application. The directors of AI at the time hired a team of consultants, which included a software
applications expert, and instructed them to research the technical aspects of the proposed application and
future possibilities involving the technology.
The team of consultants worked for three months researching for and writing the report. The report they
presented to AI’s directors showed that the proposed investment in the software application could very
likely prove successful. Warren Gates is one of AI’s directors. He holds a Masters of Computer
Programming degree from a well-known university. Warren’s fellow directors asked him about the
consultants’ positive projections. Warren told them that the report is accurate. In reality though, some of
the information in the report was not well-researched and supported by up to date data. As a result, when
AI’s directors rely on the report and invest the company’s money in the new software application, the
investment was not profitable as the consultants predicted, and led to a significant loss for AI Solutions
Pty Ltd.
Required:
Citing specific common law and Corporations Act on directors’ duties, critically analyse and
discuss whether Warren Gates, as a director of AI Solutions Pty Ltd, has breached his duty of
care.
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HI6027 Business and Corporate Law Group Assignment T1 2023
Marking Rubric
Group Report
Individual Questions
Total marks available: 10 marks per question |
Excellent | Good | Satisfactory | Unsatisfactory |
Identification of material facts involved in the problem question (2 marks) |
1.75 to 2 marks Completely identifies all relevant facts of case |
1.5 mark Identifies most of the relevant facts of case |
1 mark Identifies the basic relevant facts of the case but misses other relevant facts |
Below 1 mark Does not identify relevant facts of case |
Identification of legal issues / legal question and relevant law (2 marks) |
1.75 to 2 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 |
1.5 mark 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. |
1 mark Issues are not completely identified. Legal rules and case law not correctly identified. |
Below 1 mark Identifies incorrect or irrelevant issues. Identifies incorrect or irrelevant legal rules and case law. |
Thorough yet succinct application of law to material facts (3 marks) |
2.5 to 3 marks Correctly identifies facts; well reasoned discussion relating facts to the rules and case law. |
1.75 to 2.25 marks Correctly identifies facts. Not well reasoned. |
1 to 1.5 marks Facts not correctly identified. Analysis incoherent. |
Below 1 mark Scant to no analysis. |
Citation and referencing (including minimum number of references) (2 marks) |
1.75 to 2 marks Correctly cites minimum of 6 references, in-text and in reference list. |
1.5 mark Has minimum of 6 references; or has occasional errors in formatting of in text citations and reference list |
1 mark Does not have minimum of 6 references or contains errors in formatting of in text citations and reference list |
Below 1 mark 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 T1 2023
Professional quality, including language use and writing style (1 mark) |
1 mark Professional language. No grammatical, punctuation or spelling errors. |
0.75 mark Some mistakes. Does not detract from understanding. |
0.5 mark Many mistakes. Detracts from understanding. Sloppy. |
Below 0.5 mark Reflects no real effort. |
Deductions Lacks minimum of 3 references (1 mark for every missing reference) Not following adapted Harvard Referencing rules = 10% of the overall mark |