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XXXXXXXXXXHOLMES INSTITUTEFACULTY OFHIGHER EDUCATIONHI6027 Business and Corporate Law Group Assignment T3 2019Assessment Details and Submission GuidelinesTrimesterT32019Unit CodeHI6027Unit...

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XXXXXXXXXXHOLMES INSTITUTEFACULTY OFHIGHER EDUCATIONHI6027 Business and Corporate Law Group Assignment T3 2019Assessment Details and Submission GuidelinesTrimesterT32019Unit CodeHI6027Unit TitleBusiness and Corporate LawAssessment TypeGroup AssignmentAssessment TitleCase Studies of Business Law and Corporations LawPurpose of the assessment (with ULO Mapping)The purposeof theGroup Assignment is to provide students with an opportunity to work in a collaborative environment in solving two case problems by citing the relevant legal rules and cases and applying these to the facts of the case.In this Group Assignments, students are required to:-Critically analyse the ethical implications of legal decisions and how they impact on the business environment.(ULO 2)-Assess the obligations, rights and remedies available to parties in particular commercial relationships.(ULO 3)-Critically examine the foundations of Australian company law.(ULO 4)-Critically discuss and apply contract and tort law in business circumstances.(ULO 5)-Critically discuss and apply the legal framework that regulates a company’s dealings with outsiders.(ULO 7)Weight30% of the total assessmentsTotal Marks30 (15% for the written report and 15% for the video presentation)Word limitGroup Written Report of maximum 2,000 words and a 10 minute presentationDue DateSee attached guidelinesSubmission GuidelinesAll work must be submitted on Blackboardby the due date along with a completed Assignment Cover Page. The assignment must be in MS Word format, no spacing, 12-pt Arialfont and 2 cm margins on all four sides of your page with appropriate section headingsand page numbers. Reference sources must be cited in the text of the report, and listed appropriately at the end in a reference list using Harvard referencing style.Page 2of 9HI6027 Business and Corporate Law Group Assignment T3 2019Assignment SpecificationsPurpose:The Group Assignment aims to provide students with an opportunity to work in a collaborative environment in solving two 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 3 anda maximum of 5 students per group. The assignment consists of 2 parts: a 2,000-word written report and a 10 minutevideo presentation.Instructions: Please read and re-read carefullyto avoid mistakes.Group Report1.This group assignment consists of 2 parts. Part A is a question on Contract Law, and Part B is a question involving Corporations Law. Both questions must be answered.2.The total word limit for the group report is 2,000 words (+/-10% allowed) with each part having a maximum word count of 1,000 words. Word count limits are strictly enforced. A deduction of two (2)marks will be imposed for every 50 words over the word count for either part of the report. Anything over the word count will not be read by your lecturer.3.The total word count for the report as well as each part must be clearly written on the cover sheet of the assignment. A paper will not be marked if the wordcounts are not written on the cover sheet.4.The group report is worth 15% of total marks for this assignment.5.Each group must submit a draft of their report on Blackboard according to the due dates below. If a draft is not submitted, the final report will not be marked.by week 8if class is in the normal modeby week 4 if class is in blockmode 1by week 9 is class is in blockmode 2Group Presentation1.Summarise your answers for Parts A and B of the group report.2.Present and discuss the summary of your answers in 10 minutes (5 minutes for each part).3.The Presentation will be done byvideo recording. All members must present. The group will be marked down if not all members present. 4.Members are expected to wear professional business attire for thepresentation and to observe etiquette expected in business presentations.5.Video link must be uploaded to a publicly-viewable video sharing platform (ex. Youtube, Dropbox, Google drive) and the video link uploaded on Blackboard.6.A video presentation consists of both images and audio. For this reason, a plain Power Point presentation showing slides even with accompanying voice recording is not considered a video and, hence, not allowed.7.The group presentation is worth 15% of total marks for this assignment.Page 3of 9HI6027 Business and Corporate Law Group Assignment T3 2019Important Reminders:You must email your lecturer your list of group members and chosen questions by week 4. All group report submissions must be de done online and run through SafeAssign. No hard copies are to be submitted. Only one group member needs to submit for the whole group.Please fill in the “Rubric Group Report” sheet (available in Blackboard under “Assignments and Due dates) and attach as a cover sheet to your group report and upload on Blackboard.Each team member also must also submit to their lecturer a “Peer Evaluation of Individual Participation in Group Assignment” sheet (available in Blackboard under “Assignments and Due dates) with their presentation/video.No submission of either the group report or video presentation link onBlackboard/SafeAssign (if doing a video presentation) is equivalent to non-submission, which will merit a mark of 0 (zero) for the group assignment.GROUPS OF LESS THAN 3 AND MORE THAN 5 PEOPLE WILL RECEIVE AN AUTOMATIC PENALTY OF 15MARKS(50%).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 be required to re-submit.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 Australian Guide to Legal Citation (AGLC). A copy of the AGLC may be read online for free via this link: https://law.unimelb.edu.au/__data/assets/pdf_file/0005/2877782/AGLC3.pdfIn general, for written reports, a SafeAssign similarity percentage of 25% or below is acceptable. Regardless of the similarity figure, all group reports must use in-text citation and observe proper referencing rules.All assignments are expected to strictly follow Holmes Institute’s Academic Conductand Integrity Policy and Procedures. A copy of the Policy is available onthe Holmes Institute home page.(About Holmes > Policies) This policy is also explained in your Student Handbook.Plagiarism and contract cheating in any form will not be toleratedand 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.Any group assignment that is found to contain fake or bogus references or references that are clearly irrelevant to the subject matter of the assignment will receive an automatic zero (0) mark.Page 4of 9HI6027 Business and Corporate Law Group Assignment T3 2019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 allcomponents 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 sectionStudent/StudentsThis table needs to be completed and submitted with the assignmentas it is a compulsory component required before any grading is undertaken.Marking criteriaWeighting(%)Group Report -Identification of material facts involved in problem question3%-Identification of legal issues / legal question and relevant law4%-Thorough yet succinct application of law to material facts4%-Citation and referencing2%-Professional quality 2%Presentation-Group member participation and division of parts2%-Depth of analysis and evidence of understanding of the issues presented and critical thinking in answers7%-Level of professionalism inpresentation4%-Overall clarity of presentation2%TOTAL Weight30%Page 5of 9HI6027 Business and Corporate Law Group Assignment T3 2019Assignment QuestionsPart A: Contracts Law QuestionRead the Contracts Law question below.In 1,000 words (+/-10% is allowed), answer your chosen question using the IRAC method.Your answer must be supported by relevant law andcases 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.Your references must be listed in a Reference list at the end of the Part Aquestion.Lance Lincoln is the curator of the Australian Museum of Antiquities. One day, five years ago, he had a meeting with a man who introduced himself as Trevor Hunt. Lincoln knew of Trevor Hunt from his reputation as a treasure hunter who specialised in finding antiquities for museums. The man looked like a photo Lincoln had seen in a magazine article he had been reading and which was still open on his desk. The man also provided him with a letter of recommendation from the Museum of the Caribbean, which expressed support for his capabilities and gratitude for his retrieval of treasure from a long-undiscovered wreck of a famous Spanish galleon.The man showed Lincoln a collection of coins and pieces of crockery that he said came from the Portuguese wreck Gaivota,which he had located in international waters off the northern wester Australian coast. The Gaivotawas believedby some to have visited Australia in the early 1500s. he said that, if the museum was prepared to pay him a sum of money to fund a better expedition, he would be able to retrieve a treasure trove from the wreck, which he would give to the museum for display. Its discovery would also be important in rethinking Australian history.Lincoln and a number of other experts examined the coins and crockery and reached a consensus that they would only have come from the Gaivota. The museum thereupon paid the man $200,000 to fund an expedition and began plans for building a special Gaivotadisplay in a wing of the museum. However, the main subsequently went missing, and after a search was presumed to have died at sea with the other members of his expedition.Recently, scholars uncovered new records in Portugal about the Gaivotathat mean it was impossible for it to have visited Australia as supposed. Further, the real Trevor Hunt has reappeared after being incommunicado in the Amazon forest. It transpires that the mean who presented himself as Trevor Hunt was in fact a conman. The coins and crockery were clever fakes. The man has now been arrested while watching an Ashes cricket test match at Lords in England and is being extradited to face fraud charges in Australia.The museum now wishes to take civil action against the man to recover the money that it paid him. Ignoring any criminal liability, advise themuseum in relation to the grounds both a common law and statute lawon which it may do so, and the likely outcome of such claims, explaining relevant legal principles and citing authorities.Page 6of 9HI6027 Business and Corporate Law Group Assignment T3 2019Part B: Corporations Law questionRead the Corporations Law questions below.In 1,000 words (+/-10% is allowed), answer your chosen question using the IRAC method.Your answer must be supported by relevant 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.Your references must be listed in a Reference list at the end of the Part B question.Your references must be listed in a Reference list at the end of the Part B questionKellie has gathered a few friends together in order to start up a new business that will import goods from various parts of the world, which will be placed into baskets for the purpose of gift giving. The company Gift Baskets Co is proposed, Kellie is to organise the registration of the company and to ensure all the appropriate formalities are complied with. Each friend has promised to put up $10,000 individually, with a proposed capital sum of $40,000 to be established for the new company.Kellie instructs a local solicitor to establish the necessary documents for the new company. She orders 1,000 wicker baskets to be delivered to her home address, which is to be the headquarters of the new company. Kellie has also contracted a local designer to create a logo for the company’s products.After two weeks, none of the friends have been able to contribute any money to the venture, due to individual problems such as school fee payments, car accidents and payments for care of parents; none of the participants except Kellie have done anything in regard to the proposed company.The solicitor informs Kellie that the company is ready for registration and presents a bill for her work. The baskets are due to arrive and they need to be paid for, andthe local designer wants to be paid for their work.No company has been registered, and the likelihood of any future registration is very doubtful. Required:(a)Who is liable for the various amounts that Kellie has contracted for on behalf of the companythat is (or was) to be formed?(b)If Kellie does register a company, will that mean she is no longer liable for the various contracts she entered into on behalf of the company?
Answered Same DayDec 27, 2021HI6027

Solution

Moumita answered on Dec 30 2021
56 Votes
BUSINESS LAW
Table of Contents
Part A    3
Part B    6
Answer to question 1    6
Answer to question 2    7
References    9
Part A
Issue
Regarding the case study, it has been found that Lance Lincoln is the curator of an Australian museum that deals with antiquities. He met a man five years ago who introduced himself as a Trevor Hunt. As Lincoln knows of the reputation of treasure hunters, he believed that he must find out some special antiquities for the museum. The man also provided a recommendation letter to Lincoln that he got from the Cari
ean museum that expresses about his capabilities and his experience for the associated hunting. However, the man showed him some collection of coins, crockery, and claims that these things belong to the Portuguese Gaivota. He also claimed that he had located in the international water area of Northern Wester of Australian coast from where he can find out Gaivota. To accomplish this purpose he had some money for better search. The thereupon paid the person $ 200,000. The authority of the museum thought that they could add new wing in the museum within this special display of Gaivota. However, it has been found that the man was fake and the main subsequently has been missing by those antiquities. Similarly, it has been found by the research of a new scholar that uncovers the truth that it was quite impossible to visit the Gaivota in Australia. Therefore, it is also fake and those coins and crockery’s are fake. It is also discovered that real Trevor hunts are reappeared due to incommunicado in the jungle of Amazon. At the same time, the man disappeared and after that, he had been a
ested and charged legal action.
Rule
The author of the Australian Museum has been charged civil action to the man as per the contractual law of Australia. The common law and statute law has been charged against the man for his fraud case. The common law of Australia is also recognized as the English law of contract. According to the common law of Australia, the authority of the museum should provide the entire evidence that they can prove that the man who introduced him as Trevor Hunter was fake. The judgement has been come out based on the existing case or similar cases in future Sappideen, O'Grady and Riley (2016). However, the authority also advised by the common law of Australia that they should represent the issue that happened with them. The amount of financial loss also recommended including in the charges that they were suffering from that fake identity oriented man. The common contractual law of Australia also focuses on the entire fact of the case before they come to any judgement and that is the reason the authority of the museum should mention every fact into the case that happened with them. Common law put some limitations of the freedom of any business contracts and it would help the museums to enhance the legal charges on that man. It allows them to ask for financial compensation from that fake man by whom they lose their money Giancaspro (2017). According to common law, they might charge on those people who did not follow the criteria of contract and provide fake information. Therefore, the authority of the museum can approach to the Australian court for their financial compensation. It is based on their prior right that has been included in the common law of Australia.
On the other hand, the authority should focus on the Statutory Law that has been passed by the parliament of state or regional. However, these acts also allow them to approach the financial compensations and the civil action against that man who provides a fake identity and fake antiquities. The authority can take advantages of written principles of these rules after understanding the clarity of this law. According to the base of Statutory Law of Australia, the authority can approach for the rules and regulations of the government that helps them to enhance legal charges for that fake man Trakic, (2015). They should take the help of the legislative body of the regional...
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