Assignment 2 Option 1: Partnerships Due Date: 27th March, 5:00 PM WST Assignment Criteria This assessment aims to address the following unit learning outcomes: 1. Explain, analyse and apply basic...

Assignment 2 Option 1: Partnerships Due Date: 27th March, 5:00 PM WST Assignment Criteria This assessment aims to address the following unit learning outcomes: 1. Explain, analyse and apply basic legal concepts and principles relating to company law. 2. Apply appropriate research techniques to select, evaluate and use information from primary and secondary sources to make informed judgments about legal issues. 3. Write well-structured documents relevant to company law using appropriate language and styles. The following are the assessment criteria for this assignment: 1. Relevant legal concepts and principles of company law are identified, clearly explained and correctly applied. 2. Appropriate and relevant primary and secondary sources are used. 3. Answers are logical and coherent using appropriate and accurate language. 4. Answers are fully and accurately referenced. Assignment Task Read the case study and the additional information for each question. Answer each question separately. Bentley Physiotherapy Clinic is operated as a partnership. The clinic was started by Tim in 2006. Kathy and Martin joined the clinic in 2008 and a partnership was created. The business is conducted according to a partnership agreement. The clinic provides comprehensive physiotherapy services to clients. Martin specialises in sports injury, Tim specialises in neurological physiotherapy and Kathy, an acupuncture specialist, conducts hydrotherapy and Pilate classes. Adam, a close friend of Tim’s, is a business graduate and provides business and management advice to the firm. Although Adam invested $15,000 in the Bentley Physiotherapy Clinic to help set up a corporate health and fitness program, he made it clear to Tim that he did not wish to be a partner. The clinic is very successful and has an excellent reputation. Company Law 266 Assignment 2: Option 1 © Curtin University 2/3 2/3 Question 1 Adam is actively involved in promoting the corporate health and fitness program. He has helped set up a dedicated facility at the clinic. The program is aimed at improving employee productivity, reducing the risks of musculoskeletal injuries, reducing stress and decreasing worker’s compensation costs. The facility is well equipped with a range of equipment. On recent business travels, Adam discovered some new high quality innovative exercise bikes and spin bikes that are in limited supply. He decided that the bikes would be a fine addition to the corporate fitness program. He therefore decided to order three exercise bikes and three spin bikes for a total of $9,500. He was certain the clinic would be happy to pay for the bikes. However, although Tim was willing to pay for the bikes, Martin and Kathy did not feel that the partnership could afford to pay for the bikes, especially as it was not necessary to get such expensive bikes. Martin and Kathy felt that Adam should pay for the bikes as he did not have the authority to order the bikes. With reference to common law and statutory law, explain whether or not the partners are liable for the debt incurred by Adam. 15 Marks; Maximum 700 words Question 2 As a specialist in sports physiotherapy, Martin has a number of professional sporting clients. One of his clients is Sam who is an AFL football player. Sam has been receiving treatment from Martin for several months for chronic back pain. Following certain treatment involving spinal manipulation, Sam’s condition worsened which resulted in major back surgery. Sam was unable to play football for two seasons resulting in a significant loss of income. Sam sued the partnership for loss of income and medical expenses. The partners denied liability. Tim and Kathy further argued that the partnership is not liable because Martin was using a particular treatment that was not generally practised in the clinic. Discuss whether the partners may be liable for Sam’s claim. 8 Marks; Maximum 700 words Question 3 Martin decides to leave the partnership. Tim and Kathy continue the partnership. Three months after Martin has left the firm, Erika joins the clinic. Advise Tim and Kathy on the legal implications for the partnership of Martin leaving and Erika joining the firm. 7 Marks; Maximum 600 words Company Law 266 Assignment 2: Option 1 © Curtin University 3/3 3/3 Guidance Notes on Completing and Submitting the Assignment Please read the information below very carefully. Answering the Questions ? Answer all the questions. ? Answer each question separately. ? The 4 step method is not required for this assignment. ? The answers must not exceed the number of words that are indicated for each question. You will not be penalised for exceeding the word limit but excess words will not be marked. ? The word limit is generous and is stated for a reason. The word limit indicates the scope and extent of the answer. So there is no need to write more than is required. The skill is to write clear, concise and direct answers. This may require writing several drafts before the final assignment is submitted. Answers that exceed the word limit usually include information that is not relevant to the question. When you use case law you do not need to give details on the facts of the case - rather identify, explain and apply the legal issue and general principle of law from the case. ? The maximum number of words includes the in-text references. Referencing ? The assignment must be fully and accurately referenced. You need to reference your assignment to avoid plagiarism (http://academicintegrity.curtin.edu.au/students/). If the assignment or parts of the assignment are not referenced it will not be marked. ? When you refer to legislation you must refer to relevant sections and provide the full reference. For example: A company is a separate legal entity (s 119, Corporations Act 2001 (Cth)). ? You must provide a full bibliography (reference list) at the end of the assignment. ? You may not use Wikipedia or similar websites or the lecture slides as a reference. ? Please refer to the Curtin library website for information on referencing. There is also an excellent iTutorial that you can watch that gives examples of how to reference: http://libguides.library.curtin.edu.au/content.php?pid=141214&sid= XXXXXXXXXXElectronic Submission The instructions for submitting the assignment electronically via Blackboard are posted on Blackboard under the link on Assessments. Please note that no late assignments will be accepted. It is the student’s responsibility to ensure that the assignment is submitted on time. Please note that the Blackboard system operates on Western Standard Time so it is the student’s responsibility to ensure that the different time zones are taken into consideration. Please read the Unit Outline on assessments for this unit and note that there is no extension for this assignment. If you chose not to do this assignment you may choose to do assignment option 2 or 3.