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HOLMES INSTITUTE FACULTY OF HIGHER EDUCATION HI6027 Business and Corporate Law Group Assignment T2 2020 Assessment Details and Submission Guidelines Trimester T2 2020 Unit Code HI6027 Unit Title...

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HI6027 Business and Corporate Law Group Assignment T2 2020
Assessment Details and Submission Guidelines
Trimester T2 2020
Unit Code HI6027
Unit Title Business and Corporate Law
Assessment Type Group Assignment
Assessment Title Case Studies of Business Law and Business Structures
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 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)
Weight 40% of the total assessments
Total Marks 40%
Word limit Group Written Report of maximum 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, 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 AGLC style.





Page 2 of 7
HI6027 Business and Corporate Law Group Assignment T2 2020
Assignment Specifications

Purpose:
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 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 2 parts. Part A is a question on Contract Law, and Part B is a
question involving Business Structures. Both questions must be answered. Each question is worth
20 marks.
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 word counts are not written on the cover
sheet.
4. The group report is worth 40% of 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 in Blackboard (under announcements
and also in “Assessments” folder). This document will assist you with the process of self-enrolling
in a group to undertake an assessment task in Blackboard Ultra.
• 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.
• You must attach as the official Holmes Institute cover sheet to your group report and upload on
Blackboard.
• Group report must be submitted via SafeAfssign 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 has been posted in the Week 2 tutorial folder.
You may also download a copy for free via this link:
https:
law.unimelb.edu.au/__data/assets/pdf_file/0005/2877782/AGLC3.pdf
https:
law.unimelb.edu.au/__data/assets/pdf_file/0005/2877782/AGLC3.pdf
Page 3 of 7
HI6027 Business and Corporate Law Group Assignment T2 2020
• 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
eferencing 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 in any form will not be tolerated and 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 i
elevant to the subject matter of the assignment will receive an automatic zero (0) mark.
• 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.
Marking criteria Weighting (%)
Group Report
- Identification of material facts involved in problem question 8%
- Identification of legal issues / legal question and relevant law 10%
- Thorough yet succinct application of law to material facts 10%
- Citation and referencing 8%
- Professional quality 4%
TOTAL Weight 40%
Page 4 of 7
HI6027 Business and Corporate Law Group Assignment T2 2020
Assignment Questions

Part A: Contracts Law Question (20 marks)
• 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 and cases decided by Australian courts
(preferably the High Court) and/or scholarly articles. A minimum of 3 genuine and relevant
eferences are required for this part of the report.
• Your references must be listed in a Reference list at the end of the Part A question.


Rhino Distillery, a famous whiskey distillery, placed the following advertisement in the Avid
Angler magazine on 25 January:

‘Calling all anglers of all ages and levels! Come one, come all! Fishermen
and women of Placid River. We are offering prize money of $75,000 to any
angler who reels in Misterjaw, a giant ba
amundi which we have tagged and
eleased into the river.’

The following day was the Australia Day holiday. Placid River was crowded with people
fishing from the bank and from boats. At around noon, a rumour spread among the people
on the bank that there had been an e
or in the advertisement: that the true amount should
have been $7,500 and that Rhino Distiller had announced that the prize would be the lower
amount. The rumour was in fact true.
Georgie Lang, known to his friends as “Gorka”, had heard this rumour from the stranger
fishing beside him, minutes before catching Misterjaw. A Rhino Distillery representative was
present to certify the catch before Misterjaw was released back into the river, but did not
say anything about the amount of the prize money.

In the meantime, Tyler Henry, also known as “Hank” among the local angler aficionados,
was fishing from his boat and did not hear the rumour. Hank was so sure that he would
catch Misterjaw and claim the prize. He returned every weekend until he finally caught
Misterjaw on Christmas Eve.

Gorka now claims that Rhino Distillery owes him $75,000. Hank also claims that Rhino
Distillery owes him that prize money.

Advise Rhino Distillery, explaining applicable legal principles and citing relevant authorities
on:

(1) Whether the company is liable to pay Gorka the $75,000 prize. (10 marks)
(2) Whether the company is liable to pay Hank the $75,000 prize. (10 marks)
Page 5 of 7
HI6027 Business and Corporate Law Group Assignment T2 2020
Part B: Business Structures question (20 marks)
• Read the questions below on Business Structures.
• In 1,000 words (+/- 10% is allowed), answer the chosen given question.
• A minimum of 3 genuine and relevant 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.a
.gov.au).
• Your references must be listed in a Reference list at the end of the Part B question.
A music promoter has had an offer to
ing a famous musical group from England to Australia,
as part of its world tour to promote its new album. The music promoter has done smaller tours
previously, but nothing on the scale proposed by the manager of this famous group, the tour
will cost several million dollars, but is likely to have revenue which will result in substantial
profits for those involved.
The promoter has some contacts at a national radio station which can promote the tour, and
there is at least one financier who is interested in financing the tour in return of course for a
share of the revenue from the tour.
The promoter is calling for a meeting of the different interested parties, he is not sure what
usiness organisation would be best to manage and conduct the proposed tour, particularly
as it is going to involve various diverse
Answered Same Day Sep 06, 2021 HI6027

Solution

Ishika answered on Sep 14 2021
147 Votes
Title
Subtitle
Name
Institution
Part A
Issue
· Whether the company is liable to pay Gorka the $75,000 prize.
· Whether the company is liable to pay Hank the $75,000 prize.
Rule
Aim within the sense of  the offer of “Balfour v Balfour [1919] 2 KB 571” in respect of “Carllill v Ca
olic Smoke Balle co [1893] 1 QB 256”, where an offer was made but decided on, for which no consideration was given, for which “Ento
es v Miles Far East [1955] 2 QB327” was given. Some of the main elements in the contract are seen in “Hartley v Ponsonby case [1857] 7 EB 872”.Publicity can not be seen as a valid contract because it is open to the whole world and not to anyone under the contract law. A misrepresentation of fact or law compels the representative to sign a contract. If a declaration is classified instead of a term in negotiations, a misrepresentation action can be taken if it becomes evident that the declaration is false.Three types of e
ors exist:-innocent,misrepresentation,negligent misrepresentation and fraudulent misrepresentation.In that scenario, the scheme is not legitimate and the contract law principle distinguishes ads or presentations from formal contractual deals. It was negotiated and accepted, but the proceedings were simple in ve
al form not written, and so no lawful proceedings were taken. The offer was made and the contract was accepted, but the contract was not legally binding and not written or orally available. The advertisements were available worldwide and not for one user. There is therefore no contract between the two parties.The law on misrepresentation is contained predominantly in common law, and offers some additional information with “the Misrepresentation Act of 1967”.
“the Misrepresentation Act of 1967”:-In the case of misrepresentations before parties conclude the agreement,“the Misrepresentation Act 1967” is a law which regulates the Contract Law in the UK. A misrepresentation may be considered a false declaration of fact which causes a person, on the basis of a false declaration, to enter into a contract. Three different kinds of statements can be used to create misrepresentation. These misrepresentations are fraudulent, neglectful and innocent and are also considered serious by the courts.In both contract law and tort law in the English legal system, misrepresentation is an important factor.“The Misrepresentation Act of...
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