LST2LBA: LAW OF BUSINESS ASSOCIATION
SEMESTER 2 2019
1. This assignment counts for 25% of your final marks in this subject.
2. This assignment is due in by 9 am Monday 23 September 2019.
3. An essay submitted after the due date without an extension having been granted attracts a penalty of 5% per day (or part thereof) of the marks available for the task. No marks will be given for an essay submitted after any response to this assignment has been marked and returned to any member of the class.
4. The Subject Learning Guide sets out the policy on the granting of extensions. Please note that if you are unable to submit your essay by the due date you should consult your tutor beforehand to see if there are grounds for an extension. Extensions will only be given for very good reasons, normally only medical grounds or other serious interruptions in your ability to work. They are not granted for reasons that were reasonably foreseeable at the time of enrolling in the subject.
5. The total assignment word limit is 1500 words excluding footnotes. 10% over is the limit. Responses more than this may be penalised by the deduction of up to one-half of one of the marks awarded for every 100 words by which the response exceeds the limit. There will be no reward given for short answers, other than the good will of the marker.
6. Please see Assessment Rubric below. Attention to presentation, expression, and the correct citation of cases, statutes and secondary sources will be rewarded. Use a recognised and consistent referencing style. Footnote your response on a page by page basis. Do not include a bibliography.
7. Plagiarism will be heavily penalised. Plagiarism is defined and discussed in the Academic Misconduct Policy available on the LMS.
8. Assignments are to be submitted on-line via Turnitin on the LMS.
9. Ensure your name and student number is clearly visible on your assignment. Please also provide your tutor’s name on the assignment.
10. Keep a copy of your work for your records.
MARKING CRITERION POOR FAIR GOOD EXCELLENT
ORIGINALITY (Whether the answer is original, in the sense that the answers are the student’s own written work)
ISSUES (Whether relevant legal issues covered in the subject have been identified and discussed)
AUTHORITIES (Whether relevant authorities – case law and legislation – have been identified in relation to a proposition of law)
PRINCIPLES (Whether a correct representation and interpretation of applicable legal principles is provided)
APPLICATION (Whether an evaluation of the preferable course of action to take – if required – has been undertaken)
CONCLUSIONS (Whether a reasoned conclusion has been drawn)
EXPRESSION (How well expressed and comprehensible the answer is)
ANALYSIS (The depth of insight and observations)
CLARITY (Clarity and logical cogency of the reasoning)
APPEARANCE AND CITATIONS (Whether appropriate writing conventions and style of writing have been followed)
STUDENTS MUST ATTEMPT BOTH QUESTIONS
QUESTION 1 – 10 MARKS
Michelle and Tim are passionate about motorbikes. In fact, they own a company called Motorbikes Pty Ltd. Michelle is a Director and Tim is the company secretary. They buy and sell motorbikes and repair them.
John wishes to sell his motorbike. John approaches Tim and Tim agrees to purchase John’s motorbike for $5,000. Tim and Michelle both sign the contract to purchase John’s motorbike.
Two days later, Michelle thinks they have paid too much for John’s motorbike and wants to get out of the contract.
Is Motorbikes Pty Ltd bound by the contract? Provide reasons for your answer. You must cite relevant Australian case law and the Corporations Act 2001 (Cth). Do not discuss contract law.
QUESTION 2 – 15 MARKS
Gerard and Sylvia love cakes and have recently decided to buy a cake shop from George.
Gerard and Sylvia register a company “Cakes Pty Ltd” with the Australian Securities and Investments Commission. Gerard is listed as a Director and his mum, Sarita, is listed as the company secretary.
On the day of signing the contract to buy the cake shop from George, Gerard stamps the contract with the Cakes Pty Ltd company seal and signs as a witness. The other witness is Sylvia.
A few days pass and George thinks he should have not sold his cake shop. He now wants it back.
Is George bound by the contract? Provide reasons for your answer. You must cite relevant Australian case law and the Corporations Act 2001 (Cth). Do not discuss contract law.