All the cases mentioned are from Breach of Directors Duties. You are required to read the case from austlii.edu.au. Rewrite your answers in your own understanding under IRAC format. Copy paste of any part of an online case will result in zero allocation of marks. There is no need for any academic citations in this Assessment and hence you should not refer them in this Assessment.
Furs Ltd v Tomkies(1936) 54 CLR 583
please go to this link and read case and write in own words
| Criteria | High Distinction | Distinction | Credit | Pass | Fail | Marks |
| Explain and application of the law surrounding company director’s duties and key principles | Explanation is accurate and comprehensive, and the key principles and understanding is clear and concise with excellent application to the facts | Explain some of the law surrounding director duties and nominate key principles with only some attempt at application to the facts | Some explanation of the law of directors’ duties but limited, key principles set out but not explored and limited application to the facts | Demonstrates a poor or limited understanding of directors’ duties and principles and poor application to the facts | Fundamental misunderstanding of directors’ duties or poor explanation and no exploration. Shows no student understanding and poorly covers the topic area and negligible application | TOTAL 20 |
| Identification of the different director duties in scenario | The director’s duties liability are comprehensively identified and explored. The student has identified all the potential negligence actions but explored them in a concise and effective manner. | Key director’s duties liability and actions are identified and considered. The student has identified the crucial potential negligence actions and provided a sufficient exploration | Some directors’ duties liability and actions are identified but not all crucial ones. The student has identified obvious negligence without more than a cursory exploration | Only a limited number of directors’ duties liability and actions are identified with insufficient exploration. The student demonstrates a certain lacking in appreciating the potential negligence actions and understanding of the area | Fails to mention more than one director duty or action or any identified are inaccurate. Demonstrates a lack of ability to consider the facts or the proper approach to the scenario. | 4 |
| Inclusion of Relevant Case Law and Legislation | Chooses at least 3 Australian cases and any key legislation as requires and selection demonstrates a high level of research and understanding of the relevant case law and interaction with any legislation. Reasoning is solid and well explained. Correct legal citations are applied and demonstrate an | Chooses 3 Australian cases with any legislation while the majority of the cases and legislation appropriate for the scenario. Demonstrates some understanding of the main caselaw surrounding the | Meets the requirements of 3 Australian cases and any legislation but lacks any deep understanding. Citations are mostly correct and some demonstration of legal research. Reasoning as to selection is limited | Minimal requirements in providing 3 Australians and legislation is meet but not properly explored. Legislation not properly identified or cited. Citations and case law reasoning show a limited | Less than 3 Australian cases or any legislation or failing to meet the other requirements of this task. No real understanding of the caselaw is demonstrated and the attempt to provide reasons or explore is poor and deficient | 4 |
| appreciation of proper legal research techniques | facts of the scenario and potential legislation effect. Reasoning is provided with some explanation. Legal citations are essentially correct and show a good application of legal research principles | understanding of applying the cases to the scenario | ||||
| Do the duties placed on directors of companies under Australian law encourage or discourage corporate activity? Explain your answer in light of recent developments in company law | The duties placed on directors of companies following recent developments in company law are comprehensively and concisely explored and incorporated well within the student’s paper. The encouragement/ discouragement are clearly explained and well- expressed showing a superior understanding of the differences in the law following recent developments The student demonstrates a high level of legal research and legal reasoning | The duties placed on directors of companies following recent developments in company law are explored and detailed with a good understanding of the relevant law. The benefits are set out with a good understanding. Demonstrates good legal research and legal reasoning | The duties placed on directors of companies following recent developments in company law are set out. Some understanding is demonstrated of the differences from recent development in this area of law. Some legal research is shown and legal reasons are provided | The duties placed on directors of companies following recent developments in company law are only covered to a limited extent. There is no real understanding of the recent developments and the information is merely detailed and not explored. | The duties placed on directors of companies following recent developments in company law are not sufficiently understood. Any information is limited and shows no proper research, accepting what the research identifies rather than showing a sufficient understanding. Legal reasoning | 4 |
| Structure, grammar and spelling | The content has been logically and succinctly structured to create a cohesive and coherent analytical piece of work. | The content has been logically structured to create a cohesive and coherent analytical piece of work. | The content has been logically structured to create a cohesive and coherent piece of work | The content has been partially structured to create a comprehensible descriptive piece of work consisting of loosely linked | The content has been partially structured to create a comprehensible descriptive piece of work consisting of loosely linked rudimentary paragraphs. | 2 |
| rudimentary paragraphs | ||||||
| Formal academic language and precise and correct discipline and professional terminology has been used to clearly communicate meaning. | Formal academic language and precise and correct discipline and professional terminology has been used to clearly communicate meaning. | Formal academic language has been used to clearly communicate meaning. | Formal academic language has been used to communicate meaning. | Formal and informal language has been used to communicate meaning and, in many areas, meaning is unclear. The work includes multiple grammatical errors. | 2 |
in IRAC method please write in simple words
last semester I failed this subject I gave assignment to expert mind my teacher is so strict she will know if the words are very strong
please have a simple simple words and easy to understand
its only 1000 word
and she says no copy paste
she says to use grammary website no spelling mistake
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