HOLMES INSTITUTE FACULTY OF HIGHER EDUCATION HI6027 Business and Corporate Law Group Assignment 2020 Assessment Details and Submission Guidelines Trimester T1 2020 Unit Code HI6027 Unit Title Business...

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HOLMES INSTITUTE FACULTY OF HIGHER EDUCATION HI6027 Business and Corporate Law Group Assignment 2020 Assessment Details and Submission Guidelines Trimester T1 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 30% of the total assessments Total Marks 30% Word limit Group Written Report of maximum 2,000 words Due Date Week 11 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 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 3 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. 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 30% 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. • 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/tutor a “Peer Evaluation of Individual Participation in Group Assignment” sheet (available in Blackboard under “Assignments and Due dates) with their assignment. • 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: Page 3 of 7 HI6027 Business and Corporate Law Group Assignment 2020 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 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 irrelevant 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 6% - Identification of legal issues / legal question and relevant law 8% - Thorough yet succinct application of law to material facts 8% - Citation and referencing 4% - Professional quality 4% TOTAL Weight 30% https://law.unimelb.edu.au/__data/assets/pdf_file/0005/2877782/AGLC3.pdf Page 4 of 7 HI6027 Business and Corporate Law Group Assignment 2020 Assignment Questions Part 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 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 A question. Joey Joystick is a computer programmer. While he was in his final year of university studies, he worked as an intern with a local electronic games producer, Great Games Pty Ltd. Joey impressed his supervisors with his insightful comments and other input on design work. They were so impressed with his work on one design, Crypt Force, that they gave him part credit for it and paid him a general bonus for it. Crypt Force ultimately won an industry award and proved to be a big seller for the company. After Joey’s university graduation ceremony, he was ushered aside by a Great Games executive who showed him a document and said: “We’re very impressed by your work, Joey. We’d like you to join us permanently— we’re sure you’ll be happy with the deal we can offer you.” The document was a contract of employment which contained the following clauses: 1. The duration of the contract is three (3) years. 9. The employee (Joey) agrees that he will not for the duration of the employment contract or for a period of one year after the conclusion of the employment undertake design activities in Australia for the purposes of the production of electronic games or any other form of entertainment. The starting salary under the contract was that normally paid to a senior designer, which was a position a new designer would not usually attain until he or she had worked with Great Games for three years. Joey happily signed the agreement. After two years with Great Games, Joey was approached by a film production company, Computer Animated Films Inc (CAN). Joey agreed with CAN that, for a salary five times what he was getting paid by Great Games, he would immediately start work as part of a team producing Cosmic Armada, a feature-length computer animated film. As part of the deal, Joey would also work on a spin-off Cosmic Armada electronic game. Advise Great Games whether it can prevent Joey from working for CAN. In answering this question, you are expected to draw on legal rules, principles and cases discussed in the lectures from Weeks 1 to 4 and the corresponding chapters from the prescribed textbook. Page 5 of 7 HI6027 Business and Corporate Law Group Assignment 2020 Part B: Business Structures question • 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.abr.gov.au). • Your references must be listed in a Reference list at the end of the Part B question. You have graduated from Holmes Institute with a Master’s Degree in Professional Accounting, and you’re employed as an accountant/financial advisor, for an accounting firm called Big Business Accountants. Harry is a client, and he has made an appointment to see you. Harry is keen in starting a business. This business he is proposing to start is a bakery. Harry has qualifications in bakery which includes making cakes, bread,
Answered Same DayApr 30, 2021HI6027

Answer To: HOLMES INSTITUTE FACULTY OF HIGHER EDUCATION HI6027 Business and Corporate Law Group Assignment 2020...

Preeti answered on May 18 2021
147 Votes
Discussion Questions
Part A
Issue
In the underlying case, the issue is to examine whether the Great Games Pty Ltd. (GGPL) can restrain Joey, on the basis of employment contract signed between them, from undertaking design activities for Computer Animated Films Inc. (CAN) who is planning to produce a computer animated film named as Cosmic Armada along with electronic game.
Rule
To analyse the above-mentioned issue, it is important to scrutinize the provisions of contract law. As
defined under contract law, a contract is a set of promise(s) exchanged between both the parties, which legally bind them subject to satisfaction of certain elements. The key elements to determine the validity of a contract are offer and acceptance, consideration, intention to create legal relations, capacity to contract and certainty which are discussed in subsequent paragraphs:
i) Offer and Acceptance:
Offer shows the intention of offeror to bind himself in a contractual relationship with the offeree, if the offeree accepts the offer on the terms and conditions defined by the offeror. The offer will not convert into a legally enforceable agreement unless it is accepted by the offeree
.
ii) Consideration:
The presence of consideration makes the contract enforceable. Consideration need not always be monetary; it can be in the form of promise to do something or refrain from doing something.
iii) Intention to create legal relations:
Generally, it is presumed that the parties to the contract are intended to bind themselves in a valid contract. Unless there is a mutual consent of offeror and offeree to bind them in legal relationship, the contract cannot be said to be a valid contract
.
iv) Capacity to Contract:
Incompetence of parties makes the contract void-ab-initio
. If the parties are ordinary sound persons then it is presumed that parties to the contract are competent to enter into a legally enforceable valid contract
.
v) Certainty:
Even though there is an offer and acceptance to the contract but the uncertain and incomplete terms makes it unenforceable
.
Application
The facts of the given case study are examined by applying the above analysis of law of contract to understand whether the GGPL can restrain Joey from working for CAN-
i) Offer and Acceptance:
In the present case, the GGPL has offered Joey to join as a permanent employee of GGPL on specified terms and conditions. The Joey without objecting any clause of contract of employment accepted the offer of GGPL. Thus, the basic condition of a valid contract where one party offers and the other party is required to accept the offer on the specified terms is satisfied in the given case
.
ii) Consideration:
In the given scenario, the GGPL has offered the Joey permanent job on the salary equivalent to a senior designer working with it. Thus, the employment contract fulfils the condition of consideration for a valid contract.
iii) Intention to create legal relations:
The signing of an employment contract by GGPL and Joey on specified conditions to create a valid contract shows the intention of both the parties to bind them into a legally binding contract.
iv) Capacity to Contract:
In the instant scenario, the GGPL is a private limited company producing electronic games and Joey is a graduated computer programmer. Here, both the parties are sound enough to enter into an employment contract and thus, satisfying the condition of presence of capacity to contract
.
v) Certainty:
The certainty and completeness of a contract is very essential element of a valid contract to make it enforceable
. In the given case, there is a clause in the employment contract restricting the Joey from undertaking design activity for production of any electronic games or other entertainment program within Australia, either for a period of employment i.e. 3 years or for 1 year from the joining of GGPL and the Joey has already completed 2 years of employment. Thus, the contract is certain in terms of period during which the Joey is restrained from undertaking any design activity.
For better understanding of the facts of the underlying case in purview of contract law, we shall take help of some judicial pronouncements
:
i) In the case of Booker Industries v Wilson Parking (Qld) (1982) 149 CLR 600 the court while deciding the enforceability of agreement held that when the dispute resolution mechanism was existing in the agreement, then it cannot be said that the agreement was incomplete and the same is enforceable contract
.
In the said case, the parties entered into a contract for renting a car park and service station. The agreement was made before settlement of rental amount. However, it was specified in the agreement that in case of dispute in settlement of rental amount, the third party arbitrator will decide the same. One of the party decided to...
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