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.
HI6027 Business and Corporate Law Group Assignment 2020
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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, pastries.
Harry, has saved up his money and he has about $50,000.00 in cash. He hasn’t bought any equipment but he has found a shop which he is considering leasing where his bakery business will be operating from.
Harry has always been an employee and now he would like to know what type of business structure he should have for his bakery.
Your task is to write a report to Harry about the types of business structures that you consider would be suitable for Harry to consider.
HI6027 Business and Corporate Law Group Assignment 2020
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Marking Rubric
Group Report
Total marks
available: 15 marks
Excellent
Good
Satisfactory
Unsatisfactory
Identification of material facts involved in problem question
(6 marks)
Identification of legal issues / legal question and relevant law
(8 marks)
5.5 to 6 marks
Completely identifies all relevant facts of case
7.5 to 8 marks
Correctly identifies all relevant legal issues and are stated in the form of questions.
Correctly identifies relevant and appropriate legal rules and case law, and states them in the form of statements
4.5 to 5.5 marks
Identifies most of the relevant facts of case
6 to 7 marks
Issues correctly identified, but may contain extraneous information and are not stated in the form of questions.
Legal rules and
case law correctly
identified, but
may contain
extraneous info
and are not in the
form of
statements.
3 to 4 marks
Identifies the basic relevant facts of the case but misses other relevant facts
4 to 5.5 marks
Issues are not completely identified.
Legal rules and case law not correctly identified.
Below 3 marks
Does not identify relevant facts of case
Below 4 marks
Identifies incorrect or irrelevant issues.
Identifies incorrect or irrelevant legal rules and case law.
Thorough yet succinct application of law to material facts
(8 marks)
Citation and referencing (including minimum number of references)
(4 marks)
7.5 to 8 marks
Correctly identifies
facts; well-
reasoned
discussion relating
facts to the rules
and case law.
3.75 to 4 marks
Correctly cites minimum of 6 references, in-text and in reference list.
6 to 7 marks 4 to 5.5 marks Below 4 marks
Correctly Facts not correctly Scant to no analysis.
identifies facts. identified.
Not well Analysis
reasoned. incoherent.
3 to 3.5 marks 2.5 to 2.75 marks Below 2 marks
Has minimum of 6 Does not have No referencing either
references; or has minimum of 6 in-text or in reference
occasional errors references or list; or cites
in formatting of contains errors in inappropriate
in-text citations formatting of in- references; or all
and reference list text citations and references not cited in
reference list the correct format.
HI6027 Business and Corporate Law Group Assignment 2020
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Professional quality including language use and writing style
(4 marks)
Deductions
Excess word count (1 mark for every 25 words over)
Under the word limit (1 mark for every 25 word under)
Lacks minimum of 6 references (1 mark for every missing reference)
3.75 to 4 marks
Professional language. No grammatical, punctuation or spelling errors.
3 to 3.5 marks
Some mistakes.
Does not detract
from
understanding.
2.5 to 2.75 marks Below 2 marks
Many mistakes. Reflects no real effort.
Detracts from
understanding.
Sloppy.