Assessment item 3Problem questionsValue:20%Due date:30-Apr-2018Return date:21-May-2018Length:2000 wordsSubmission method optionsAlternative submission method
Task
You must answer the two problem-type questions below, using the ILAC (Issues, Law, Application, Conclusion) format, a worked example of which is in the Resources folder.Pleasenote that the word limit of 2 000 words is atotal for both questions(ie, it is not 2 000 words for each question). This is afirm limit- work in excess of 2 000 words will notbe marked.I would however expect that students should be able to answer both questions in far less than 2 000 words.Your bibliography is not included in the word limit but in-text references are.**In this subject, assignments are marked on-line, using an adapted MS Word programme. You therefore MUST submit your assignment in Word format, NOT as a PDF document. If you submitin PDF it will not be able to be marked.*****If you anticipate applying for an extension for this assignment, please read the rules on extensions in this Subject Outlinebeforedoing so.***Question 1 (10 marks)Terence studies jewellery design at Charles Sturt University.After he graduates, he sets up a business called ‘Terry’s Terrific Designs’.He employs Peter and Sara, who are also CSU graduates to work for him.Peter is appointed as Supplies Purchaser and Sara as a Designer.Sara shares the design work with Terence himself.Give Terence advice in relation to the following situations, citing relevant legal authority:Sara visits Gabby, who wants a brooch designed for her.Sara shows Gabby photos of a number of designs that she (Sara) has executed.Sara forgets to tell Gabby that she works for Terence.Gabby is impressed by Sara’s work, and asks her to design a $ 1 000 brooch in the shape of an elephant.On the next day, Terence phones Gabby and says ‘I have received your order, and will finish the brooch within two weeks’.Gabby says ‘Who are you? I have a contract with Sara’.Terence tells Peter that the business is over-supplied with gold, and that he should buy only silver.However Peter is having a drink with Mary, a gold dealer who he has often dealt with before on behalf of Terry’s Terrific Designs, who offers to sell 50 grams of gold for $ 1 500, which is a very good price.Peter agrees to buy the gold on behalf of Terence, but when Mary arrives at Terence’s shop with the gold asking for the $ 1 500, Terence refuses to accept the gold or pay her.Because Peter disobeyed his instruction not to buy gold, Terence fires him on Monday.However Terence does not shut off Peter’s access to the business’ email system until Thursday.On Friday Terence is contacted by Gordon, a diamond seller who Peter had regularly dealt with on behalf of Terence.Gordon says that saying that on Tuesday Peter sent him an email ordering a $ 5 000 diamond on behalf of the jewellery business, which he (Peter) picked up on Wednesday.Peter has disappeared to South America and is untraceable.Gordon is demanding to be paid.
Question 2 (10 marks)Roger Smith owns 92 of the 100 shares in United Chemicals Pty Ltd, a company he registered in 2009.The Company Secretary is his wife, Mary, who owns the remaining 8 shares.They elect Timothy Smith, Roger’s brother, as Managing Director of United Chemicals Ltd.In 2015 the company bought a phosphate processing machine from Industrial Machines Ltd for $ 600 000, payable in three equal instalments in 2015, 2016 and 2017.The contract was in writing and signed by Roger as follows:
Timothy SmithManaging Director For and on behalf of United Chemicals Pty LtdBusiness goes well in 2015 and 2016, and the company is easily able to pay the instalments, but in 2017 a sudden downturn in the agricultural sectorcauses sales of fertiliser to drop off, and United Chemicals finds that it cannot pay the final $ 200 000 instalment.Roger has received a letter from Industrial Machines suing him personally for the $ 200 000, as the board of Industrial Machines knows that he is wealthy.One of the steps Roger took in early 2016 to try to improve his business fortunes was to see if he could expand into the area of making explosives.However, Commonwealth legislation prohibits the granting of an explosive manufacturing licence to ‘any person who has a criminal conviction’.Roger was convicted of theft in 2005.Roger establishes another company, Explosive Industries Pty Ltd, of which he owns 99 shares and his wife 1 share, with himself as Managing Director and his wife as Company Secretary.He asks Mary to lodge an application for a licence on behalf of Explosive Industries Pty Ltd with the Commonwealth Department of Industry.The Department has sent a letter declining the application, citing the legislation regarding prior criminal convictions as its reason.Advise Roger in relation to the claim made by Industrial Machines Ltd and the decision by the Department of Industry, citing relevant law.
**Please check that your assignment complies with the rules in the Style Guide before you hand it in.**RationaleThis assessment will allow you to demonstrate your ability to:
- engage in legal research;
- identify the legal issues arising out of novel factual situations, to analyse the applicablelaw and to differentiate between which rules are applicable and which are not and then apply the law to the problem;
- to explain and summarise the applicable law in such a way as to create a report for a client which states what liabilities arise from novel factual situations
And more specifically:
- yourknowledge of the law ofagency
- your knowledge of the law relating to incorporation.
- your ability to undertake an assessment task relevant to the workplace and professional practice.
Marking criteria
CRITERIA |
HD |
DI |
CR |
P |
FL |
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Students are required to answer two problem type questions in order to demonstrate: |
To meet this level you will achieve a cumulative mark of 85-100%. A mark in this range indicates that a student: |
To meet this level you will achieve a cumulative mark of 75-84%. A mark in this range indicates that a student: |
To meet this level you will achieve a cumulative mark of 65-74%. A mark in this range indicates that a student: |
To meet this level you will achieve a cumulative mark of 50-64%. A mark in this range indicates that a student: |
At this level you will obtain a mark of 0-49%. A mark in this range indicates that a student: |
Identification of relevant legal issues |
Correctly identifies all legal issues and formulates them clearly with consideration of all links to relevant law with no errors. |
Correctly identifies all legal issues and formulates them with consideration of links to relevant law, with only minor errors. |
Identifies and correctly formulates most major legal issues, taking into consideration most links to relevant law. |
Identifies some legal issues, with some errors in formulation.
Considers some links to relevant law. |
Identifies no relevant issues or only a few of them. Some of these may be unclearly formulated. Considers few links to relevant law. |
Explanation of law, citing relevant legal authority |
Provides a complete explanation of the law with no errors. Explains all relevant legal authority. |
Provides an explanation of almost all points of the law with few errors, substantiated by most of the relevant legal authority, with only minor errors. |
Provides an explanation of most points of law with few errors, substantiated by citation of most of the relevant legal authority with few errors. |
Provides a basic explanation of the law, but with some errors, substantiated by limited legal authority. |
Provides incorrect or limited explanation of the law using little legal authority. |
Application of legal principles to the facts |
Applies the law to the facts so as to address all issues with no errors. Argument discusses linkages between facts and the law and considers counter-arguments. Conclusion clearly draws together arguments. |
Applies the law correctly to the facts so as to address all issues, with only minor errors. Argument discusses linkages between facts and the law. Conclusion draws arguments together. |
Applies the law correctly to most issues arising from the facts, but with some errors. Argument summarises application of the law. Conclusion summarises arguments. |
Makes a basic attempt to apply the law to the facts, but applies wrong law and / or contains significant errors in the application.
Resultant answer is incomplete. |
Paper does not correctly apply law to the facts and / or applies incorrect law. May be descriptive, rather than putting forward a reasoned argument. |
Compliance with the Style Guide and overall structure. |
Uses Style Guide comprehensively, accurately and consistently. Uses ILAC model. Extremely well structured and organised, with one main argument introduced per paragraph, supported by well-written supporting sentences. |
Uses Style Guide accurately and with only minimal errors.
Uses ILAC model. Well structured, with some differentiation of arguments between paragraphs. |
Use of Style Guide, with some errors or lapses. Uses ILAC model and is clearly structured. |
Limited or inconsistent use of Style Guide. Some attempt at use of ILAC model and in structuring
answer but with errors. |
Poor, inconsistent or inaccurate use of Style Guide. Poorly structured. Inadequate or no use of paragraphs. May have disregarded the ILAC model. |
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Written expression and editing. |
Uses appropriate academic writing which is formal, impersonal and which contains no spelling, grammar and punctuation errors. Paper demonstrates careful proofreading. |
Uses appropriate academic writing which is formal, and impersonal with only very minor spelling, grammar and punctuation errors. Paper demonstrates careful proofreading. |
Uses appropriate academic writing which is formal and impersonal, with a few spelling, grammar and punctuation errors. Paper demonstrates evidence of proofreading. |
Significant spelling, grammar and punctuation errors but the paper is readable and demonstrates some attempt at proofreading |
Poor grammar, spelling and/ or punctuation. Paper gives no evidence of having been proof-read. |
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Presentation
Please comply with the Style Guide which appears after Assessment item 2.
Requirements
This assignment must be submitted through Turnitin.
It is recommended that your name, student ID and page number are included in the header or footer of every page of the assignment.
Further details about submission in Turnitin are provided in On-line submission.