Explain the historical foundations - Assignment Tutor Online

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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 current sources of law. 2. Describe the essential elements required to create, manage and discharge a contract and the remedies available for breach of contract. 3. Explain the different ways in which a business may be carried 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 Rubric.
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
herbal 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 Rubrics

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 required 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 research/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 research/course materials. Demonstrates a capacity to explain and apply relevant concepts. Identify logical flaws. Questions viewpoints of experts.	Discriminates between assertion of personal opinion and information substantiated by robust evidence from the research/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 between assertion of personal opinion and information substantiated by robust evidence from the research/course materials and extended reading. 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 irrelevant.	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 reasoning 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 reasoning 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
basis 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
business.
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
relationships.
Understands the
business 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
relevant, as they relate to
different countries where
the business may
operate.
Critically demonstrates
commercial awareness of
product
development/service
provision and cost
relationships.
Holistic understanding of
business and its risks.
Assesses the impact of
information and
communication systems
on the operations of the
business.
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
required 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.

Resembles a recall or
summary of key ideas.
Often conflates/confuses
assertion of personal
opinion with information
substantiated by
evidence from the
research/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
research/course
materials.
Demonstrates a capacity
to explain and apply
relevant concepts.
Identify logical flaws.
Questions viewpoints of
experts.

Discriminates
between assertion of
personal opinion and
information
substantiated by
robust evidence
from the
research/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,
intellectual
independence, rigor
and adaptability.

Systematically and
critically discriminates
between assertion of
personal opinion and
information
substantiated by robust
evidence from the
research/course
materials and extended
reading.
Information is taken
from sources with a high
level of
interpretation/evaluation
to develop a
comprehensive critical
analysis or synthesis.
Identifies gaps in
knowledge.
Exhibits intellectual
independence, rigor,
good judgement and
adaptability.

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Correct citation of key
resources and evidence
20 %

Demonstrates inconsistent use of good
quality, credible and relevant resources to
support and develop ideas.

Demonstrates use of
credible and relevant
resources to support and
develop ideas, but these
are not always explicit or
well developed.

Demonstrates use of
high quality, credible and
relevant resources to
support and develop
ideas.

Demonstrates use of
good quality,
credible and relevant
resources to support
and develop
arguments and
statements. Shows
evidence of wide
scope within the
organisation for
sourcing evidence

Demonstrates use of
high-quality, credible and
relevant resources to
support and develop
arguments and position
statements. Shows
evidence of wide scope
within and without the
organisation for sourcing
evidence