INTRODUCTION To BUSINESS LAW
ASSIGNMENT (Assessment 2)
Instructions This document consists of six (6) pages including this page. Part A starts on page 2 and continues on page 3. Part B starts on page 4 and continues on page 5. A suggested format for the letter is on page 6.
This assignment consists of two parts: Part A (short answer questions) and Part B (letter). Both Part A and Part B must be completed.
Part A and Part B are each worth 15 marks (total for the Assignment is 30 marks).
Word limit:The word limit is 750 words for each Part.
Your answers to the questions in Part A must not total more than 750 words. Each question in Part A has a suggested word length that you can use as a guide, but you are free to use more or fewer words for a given question, provided that the overall total word count for this part remains within 750 words. Your answer to Part B must not exceed 750 words, including the 'formal' parts of the letter – eg, address, date, greeting, etc.
The cover sheet is not counted in the word limit. There is no 10% margin of error on the word limit and you may not use footnotes to get around the word limit (eg, such as by placing extra text in the footnotes – footnotes should be used for the reference only as a general rule, not for added descriptions).
Style and Format: Your answers in Part A must be in full sentences, not point form. The letter should also be in full sentences and written in a formal, business-like tone. The letter should be submitted using either the suggested format (see the final page of this document), or another format you consider to be suitable for a formal business letter. Please note though that if the format is not suitable, marks for presentation will be reduced. See the section Notes/Advice, starting on page 5, for more information and tips on style, referencing and resources, etc.
Checklist:You must submit/deliver your assignment answers in accordance with the procedure outlined in the Learning Guide (i.e., must be submitted through Turnitin). Assignmentmust be submitted as required, or late penalties will begin to accumulate until received. In order to submit your assignment, please note the following:
Ø Please do NOT affix an Assignment Cover Sheet to your assignment.You do NOT require to include a Cover Sheet when uploading your assignment. Assignment Cover Sheets are automatically built-in to Turnitin.
Ø Part A: Numbered answers in a separate document – i.e., there is no need to include the questions, but you must number your answers consistently with the questions;
Ø Part B: Letter. Please start a new page for the letter, and set it out as a separate document from Part A.
It is not necessary to attach a copy of these instructions, or of the questions, as part of your assignment.
Marking:The marking criteria and standards are set out in the Learning Guide and will be used when marking and to provide feedback on your assignment. You may find it helpful to consult these while working on your assignment. See the Learning Guide for other information about marking and return of assignments, etc.
Assignment Due:Sunday, 22 September 2013 by 11 pm.
Part A: Short answer questions (15 marks)
Imagine you are about to start up a small business. There are a range of decisions you will need to make, for legal reasons, at certain steps of the set-up process. The following questions ask you about several decisions you would usually need to make if you were setting up a real business. While you are encouraged to think of your own idea for a business, and to be a bit creative here, this exercise does not require anything like a complex business plan or any financials. Importantly, the business does not need to be, and in fact should not be, a complex business or a large enterprise for the purposes of this assignment (this will not get more marks). It should however be tasteful / not offensive in nature. This exercise is intended to focus your attention on specific decisions that have a legal aspect, and to explain your reasoning in making those decisions to us in a clear and business-like manner. Do not simply copy the business described below in Part B.
Some suggestions that may be of help (and which you are quite entitled to use as a starting point) include:
• a retail shop (perhaps selling goods that relate to a hobby, sport or pass-time that interests you);
• a restaurant or cafe;
• a small business of a type you have some personal experience working in; or
• an online business selling consumer goods through a website.
Questions 1. Briefly describe the small business you would like to start, (outline facts such as what type of business it is, what it sells, who works there, where it is, etc).(2 marks – approx 120 words)
2. What type of business structure do you think would be the best one to adopt for the particular type of business you have described in question 1, above?(1 mark – suggest
3. Explain why the business structure is the best one for this business.(3 marks – approx 150 words)
4. Write down a name you would like to give your business.(1 mark – suggest
5. Could you register the name as a trade mark? Explain why or why not. (3 marks – approx 150 words)
6. What other registrations should you consider that involve the name of your business? What problems might you run into at this point?(3 marks – approx 150 words)
7. Briefly describe two other legal issues or areas that you would expect to have an impact on the type of business you are setting up (as described in question 1, above).(2 marks – approx 120 words)
Part B: Extended response question: Letter to a lawyer (15 marks)
Scenario
Two Mexican cousins named Agustin and Basilio run a business together, a restaurant called Mexican Spices in Kensington. They have been in partnership since 2005. Agustin holds a Chef’s level 2 certificate, and is the head Chef of Mexican Spicesand Basilio’s role is to look after the customers.
Pedro is a TAFE student who is studying to be an apprentice Chef. Pedro has been working for the restaurant business for three and a half years on a casual basis. He does not have a regular work pattern. At busy times he may be called to work for up to eighteen days per month and at other times he may be called to work only up to three to five shifts in the month. Pedro has good reports for his work performance.
Agustin has seen Pedro write down a lot of his favourite recipes which had been handed down by his (Agustin’s) mother; these being the dishes that keep the customers coming back to the restaurant. Pedro on occasions was allowed to cook for the customers in busy periods.
Pedro’s job include waiting on customers and helping in the kitchen when required. Agustin and Basilio always pay cash in hand to Pedro at the end of each day and no superannuation has been lodged with a fund. Pedro has not expressed any objection to this practice.
Pedro burned his hands while washing the dishes recently. He got some first aid care, and because it was a very busy Saturday night he had to return to work after a mere hour break. While serving a fussy customer Pedro then lost his temper and shouted at the customer. Later he apologised and explained to the customer the reason for losing his cool.
Soon Pedro will finish his TAFE course and become a Level 1 Chef. Agustin and Basilio both have heard from one of their neighbours that Pedro is planning to purchase the Alberto’s Pizzeria in the Kensington area and turn it into a Mexican restaurant where he will be the head Chef. Pedro has told some customers that he will use the word ‘Mexican’ in the name of his eatery.The cousins became worried. They do not want Pedro to take away any of their regular customers nor know the secrets of their Mexican recipes.
The cousins jointly decided that they should not give Pedro any more work. Before stopping Pedro’s work Agustin suggested that they should check with a practicing lawyer if there will be any problems if they stop giving Pedro work without notice. The cousins are a bit worried as Pedro has a history of taking his former employers to court for unfair dismissal and they do not want any trouble of this kind.
You are the accounts manager for Mexican Spices. Agustin and Basilio want you to work out the best course of action for them to take, within the legal requirements, in dealing with Pedro and then to ‘run it past a lawyer’. You are requested to write a letter to a lawyer practising in a suitable area of law along with the following lines:
- Introduce yourself;
- Explain the fact situation (giving rise to any perceived legal issues);
- Explain what Mexican Spices wants to do and how you think the cousins are entitled to act, within the scope of the law (ie, the course of action you have worked out is the most likely one for Mexican Spices); and
- Request the legal practitioner for advice about the legality of your plans and about any other legal concerns which you may have arising from these circumstances.
Notes/advice:
For the purposes of this letter you may invent the name of a lawyer or firm, ideally one that indicates the invented lawyer or firm is practising in the right area of law for this problem.
Referencing: Wherever you have taken an idea from another source, reference the source in a footnote to show support for the points you are making, and also to demonstrate the amount of research you have done.
Any direct quotes (words that are copied from another source and are not your own words) must be marked with quote marks, and the source must be referenced in a footnote.
Citation style:Harvard style as per the Business School style requirements is acceptable for this assignment. However, if you are including references to cases or legislation, please use the following styles (the Acts and cases themselves are not necessarily relevant, they are only examples – note where the italics are and also the spacing and absence of punctuation):
Legislation: Copyright Act 1968 (Cth) s 36
Case: Grant v Commissioner of Patents XXXXXXXXXXFCR 62; [2006] FCAFC 120
Some suitable research references/sources to get you started:
• (Prescribed text) James, Nickolas, Business law (John Wiley & Sons, 2nd ed, 2012).
• Online Modules on vUWS.
• Gibson, Andy & Douglas, Fraser, Business law (Pearson, 7th ed, 2013)
• Turner, Clive, Australian Commercial Law (Law book, 29th ed, 2013)
• Government websites such as, e.g.,www.business.gov.au; www.ipaustralia.gov.au
• Other internet resources may be used, provided they are reliable and reputable. Take care that internet sources are on Australian law.
• Other recent textbooks on Business Law (consult the Library catalogue).
Suggested format for the letter is over the page...the parts in square brackets are guides to what you should put where - overwrite these words and brackets with your own content.
Mexican Spices
12 Sharp Avenue
Kensington, NSW- 2032
Our reference: **** (invent a file number)
[DATE]
[ADDRESSEE - the lawyer]
[ADDRESS]
[ADDRESS]
[GREETING / SALUTATION - Dear ***]
RE: **********
[CONTENT — USE PARAGRAPHS & FULL SENTENCES]
Yours sincerely,
[SIGNATURE]
[NAME]
The Accounts Manager