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ASSESSMENT BRIEF
Subject Code and Title LAW 6000 – Business and Corporate Law
Assessment Case Studies
Individual/Group Individual
Length 1500 words
Learning Outcomes 1. Explain the historical foundations of the Australian
legal system and the cu
ent sources of law.
2. Describe the essential elements required to create,
manage and discharge a contract and the remedies
available for
each of contract.
3. Explain the different ways in which a business may be
ca
ied and the advantages and disadvantages of
each method.
4. Identify the reasons for choosing one business
structure over another.
5. Explain the processes for incorporating, managing
and winding up a company.
Submission End of module 5
11:55pm Sunday on the due date at the end of Module and
Week
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Weighting 30%
Total Marks 100 marks
Context:
This assessment allows students to solve practical problems that arise from a fact scenario and to give appropriate advice to clients.
Instructions:
There are three case studies that you are required to critically analyse.
With respect to each case study:
Identify the legal issue(s) arising from the facts of the case study
Identify the appropriate legal principles that requires discussion in the case study
Apply the law to the facts of the case study
Reach a conclusion/ give practical advice to your client.
Your analysis should refer to appropriate cases and statutes and be referenced using the Harvard Reference system.
You will be assessed in accordance with the Assessment Ru
ic.
Case Study 1
Lance purchases a new ute from Mighty Motors Pty Ltd for $25,000. He tells Lynton, the car salesperson that he is a partner in a
he
al products business. Lynton is aware of the business as he has read an article about it in the local newspaper.
The three partners had agreed that a car would be purchased for the business but Lance was instructed not to spend over $20,000.
Lynton is completely unaware that Lance has a purchasing limit.
Will the partnership be bound by this contract? Can the other partners take action against Lance?
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Case Study 2
Xiaojing is keen to sell her products. The business produces a lavender and Echinacea moisturiser. The business produces an
advertising flyer that states the moisturiser will ‘slow the effects of ageing’. This is false.
The partnership is not happy with the Ute – they think they have bought a ‘lemon’. They decide to sell the car to Saqlaim a refugee
from Syria who has little understanding of English. Fast talking and charismatic Lance talks him into purchasing the car. He enters a
contract with a finance company to purchase the car.
Will Saqlaim be bound by the contract? Do consumers have a remedy regarding the claims re the moisturiser?
Case Study 3
Felix a uni student aged 20 is keen to earn some income during the summer holidays. He is employed as a casual to pick lavender.
He will be paid $25 cash per bag.
One Sunday Xiaojing tells him that he is doing such great work she will pay him an extral $100 for work he did yesterday clearing
garden beds.
She reneges on her promise and Felix is outraged. He wants to know if he can sue Xiaozing for the $100.
Advise Felix.
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Learning Ru
ics
Assessment
Attributes
Fail
0-49
(Unacceptable)
Pass
50-64
(Functional)
Credit
65-74
(Proficient)
Distinction
75-84
(Advanced)
High Distinction
85-100
(Exceptional)
Evaluation of
information selected to
support the case study
20 %
Limited understanding of key concepts
equired to support the case study.
Confuses logic and emotion. Information
taken from reliable sources but without a
coherent analysis or synthesis.
Viewpoints of experts are taken as fact
with little questioning.
Resembles a recall or
summary of key ideas.
Often conflates/confuses
assertion of personal
opinion with information
substantiated by
evidence from the
esearch/course
materials.
Analysis and evaluation
do not reflect expert
judgement, intellectual
independence, rigor and
adaptability.
Supports personal
opinion and information
substantiated by
evidence from the
esearch/course
materials.
Demonstrates a capacity
to explain and apply
elevant concepts.
Identify logical flaws.
Questions viewpoints of
experts.
Discriminates
etween assertion of
personal opinion and
information
substantiated by
obust evidence
from the
esearch/course
materials and
extended reading.
Well demonstrated
capacity to explain
and apply relevant
concepts.
Viewpoint of experts
are subject to
questioning.
Analysis and
evaluation reflect
growing judgement,
Systematically and
critically discriminates
etween assertion of
personal opinion and
information
substantiated by robust
evidence from the
esearch/course
materials and extended
eading.
Information is taken
from sources with a high
level of
interpretation/evaluation
to develop a
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intellectual
independence, rigor
and adaptability.
comprehensive critical
analysis or synthesis.
Identifies gaps in
knowledge.
Exhibits intellectual
independence, rigor,
good judgement and
adaptability.
Effective
communication while
giving advices to client
10 %
Difficult to understand for audience, no
logical/clear structure, poor flow of ideas,
argument lacks supporting evidence.
No effort is made to keep audience
engaged, audience cannot follow the line
of reasoning.
Little use of presentation aids, or the
presentation aids and material used are
i
elevant.
Information, arguments
and evidence are
presented in a way that
is not always clear and
logical.
Attempts are made to
keep the audience
engaged, but not always
successful. Line of
easoning is often
difficult to follow.
Presentation aids are
used more for effect
than relevance.
Information, arguments
and evidence are well
presented, mostly clear
flow of ideas and
arguments.
The audience is mostly
engaged, line of
easoning is easy to
follow.
Effective use of
presentation aids.
Information,
arguments and
evidence are very
well presented, the
presentation is
logical, clear and
well supported by
evidence.
Engages the
audience,
demonstrates
cultural sensitivity.
Carefully and well
prepared
presentations aids
are used.
Expertly presented; the
presentation is logical,
persuasive, and well
supported by evidence,
demonstrating a clear
flow of ideas and
arguments.
Engages and sustains
audience’s interest in the
topic, demonstrates high
levels of cultural
sensitivity
Effective use of diverse
presentation aids,
including graphics and
multi-media.
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Application of
knowledge to practise
while providing
appropriate advice
to clients
30 %
Limited understanding of the internal and
external business environment.
Lacks a global perspective for potential
market and trends.
Uses a limited range of information as the
asis of recommended practice.
Understands the internal
and external business
environment including
commercial context and
market forces.
Understands local and
global markets/trends.
Accesses relevant
information.
Adequately utilises
information from a
variety of sources.
Gathers/utilises
competitor knowledge.
Understands the impact
of financial, social,
political, environmental
issues on the business.
Demonstrates
commercial awareness of
product
development/service
provision.
Understands the
usiness.
Can prepare and
presents business
cases/proposals.
Evaluates the impact
of financial, social,
political,
environmental issues
on the business; and
where relevant, as
they relate to
different countries
where the business
may operate.
Demonstrates
commercial
awareness of
product
development/service
provision and cost
elationships.
Understands the
usiness and its risks.
Can prepare and
presents business
cases/proposals.
Demonstrates cultural
sensitivity.
Analyses the impact of
financial, social, political,
environmental issues on
the business; and where
elevant, as they relate to
different countries where
the business may
operate.
Critically demonstrates
commercial awareness of
product
development/service
provision and cost
elationships.
Holistic understanding of
usiness and its risks.
Assesses the impact of
information and
communication systems
on the operations of the
usiness.
Critical understanding of
the global market
opportunities and
competitive
environment.
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Evaluation and
Justification of
Information provided
to client
20 %
Limited understanding of key concepts
equired to support discussion
Confuses logic and emotion. Information
taken from reliable sources but without a
coherent analysis or synthesis.
Viewpoints of experts are taken as fact
with little questioning.