Business and Corporate Law Group

Purpose:

The Group Assignment aims to provide students with an opportunity to work in a collaborative environment in solving three 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 2 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

This group assignment consists of 3 parts. Part A is a question on Contract Law, and Part B and Part C are questions involving Corporations Law. All questions must be answered.

Question A is worth 20 marks, while Question B and Question C are worth 10 marks each.

The total word limit for the group report is 2,000 words (+/- 10% allowed)

Word limit for Question A – 1,000 words

Word limit for Question B – 600 words

Word limit for Question C – 400 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.

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.

The group report is worth 40% 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 the “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.

You must attach as the official Holmes Institute cover sheet to your group report and upload on Blackboard.

The Group report must be submitted via SafeAssign 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:

https://law.unimelb.edu.au/__data/assets/pdf_file/0005/3181325/AGLC4-with-Bookmarks-1.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.

Adapted Harvard Referencing

Holmes has now implemented a revised Harvard approach to referencing:

Reference sources in assignments are limited to sources that provide full-text access to the source’s content for lecturers and markers.

The Reference list should be located on a separate page at the end of the essay and titled: References.

It should include the details of all the in-text citations, arranged A-Z alphabetically by author surname. In addition, it MUST include a hyperlink to the full text of the cited reference source.
For example:

P Hawking, B McCarthy, A Stein (2004), Second Wave ERP Education, Journal of Information Systems Education, Fall, http://jise.org/Volume15/n3/JISEv15n3p327.pdf

All assignments will require additional in-text reference details, which will consist of the surname of the author/authors or name of the authoring body, year of publication, page number of content, the paragraph where the content can be found.

For example:

“The company decided to implement an enterprise-wide data warehouse business intelligence strategies (Hawking et al., 2004, p3(4)).”

Non – Adherence to Referencing Guidelines

Where students do not follow the above guidelines:

Students who submit assignments that do not comply with the guidelines may be required to resubmit their assignments or incur penalties for inadequate referencing.

Late penalties will apply per day after a student or group has been notified of resubmission requirements.

Students whose citations are identified as fictitious will be reported for academic misconduct.

Assignment Questions

Part A: Contracts Law Question
(20 marks)

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 Australian law and cases decided by Australian courts (preferably the High Court) and/or scholarly articles. A minimum of 6 genuine and relevant references are required for this part of the report.

The full citations for all sources cited in your answer must be listed in a Reference list at the end of your report.

In addition, any online sources cited in your answer and listed in your Reference List must include a valid hyperlink that allows access to the full text of the source.

Engaged couple Marina and Mark were the winners of a reality TV show involving racing other couples around Australia. They decided to use some of the winnings on their wedding. They checked out a number of venues and finally decided on the Grand Ballroom at the Hotel Grand Inquisitor. Marina and Mark signed a ‘wedding package’ contract with the hotel, which provided for the following:

● Hire of ballroom – $15,000
● Catering (excluding cake) – $9,000
● Wedding cake (two-tier) – $500
● Honeymoon suite (one night) – $400
● Total – $24,900

The wedding reception was a happy event. However, when it came to the time to reveal and cut the cake, Marina and Mark were shocked to learn that earlier in the day a hotel waitress had clumsily dropped the specially baked wedding cake, and because there was no time to prepare another, the two-tier cake provided by the hotel was in fact two sponge cakes purchased from the local cake shop. Despite their disappointment and at the urging of the guests, Marina and Mark went ahead with the cake cutting and the cake was eaten.

When the reception finally ended, Marina and Mark retired to the honeymoon suite. However, they soon discovered that the hotel was carrying out around-the-clock renovations to the nearby presidential suite to cater for an overseas dignitary who had decided to stay at the hotel. These renovations made the honeymoon suite vibrate, made incessant noise all night and led to dust entering the air-conditioning. Marina and Mark gave up on the room at 1:00 a.m. and went and checked into another hotel. On the way out of the hotel, Mark told the night manager that the night had been a disaster and that the hotel ‘would not be getting a cent more out of us’. They also said they would be talking to their lawyer in the morning.

Advise Marina and Mark:

Whether they were entitled to cancel the contract as they purported to do (8 marks);

What damages (if any) they are entitled to recover from the hotel (6 marks);

Whether they are able to recover the $5,000 advance that they paid the hotel. (6 marks)

Consider the position
under common law contract principles only. DO NOT
answer this question based on Statute Law (such as the Australian Consumer Law.

Part B: Corporations Law question
(10 marks)

Read the questions below on Corporations Law, specifically Agency.

In 600 words (+/- 10% is allowed), answer the chosen given question.

A minimum of 3 genuine and relevant Australian legal references are required for this part of the report. Examples of relevant references for this question include the Corporations Act 2001 (Cth); Australian cases; and Australian law textbooks.

The full citations for all sources cited in your answer must be listed in a Reference list at the end of your report.

In addition, any online sources cited in your answer and listed in your Reference List must include a valid hyperlink that allows access to the full text of the source.

RJ Booker, a real estate firm based in Milsons Point, Sydney, emailed Mimi. Mimi had a friend working at RJ booker and she told her that she wanted to sell her unit. The unit was located at the 19th floor of a modern apartment building located in Milson’s Point, almost beside the entrance to Luna Park.

Gustavo, the franchisee and principal of RJ Booker in Milson’s Point, asked Mimi if the firm can be her exclusive agents in the sale of her unit. Gustavo explained that if they located a qualified buyer, RJ Booker would be entitled to the standard Real Estate industry commission rates for agents. Currently, this was about 3 percent of the purchase price. Mimi agreed and signed the agency contract.

Within five days, Gustavo called Mimi and told her that he had found a buyer for her unit, Alisa. Alisa had told Gustavo that she was ready to buy Mimi’s unit “as per contract” and “depending on the result of a property inspection”. The very next day, Mimi received an email offer from a third party and she immediately accepted it without informing RJ Booker. When Gustavo found out, he insisted that Mimi should pay them a commission based on the selling price of the unit, stating that they did their job and found a good buyer for the unit. Mimi told Gustavo to get lost and that she will not pay their commission.

Advice Gustavo on whether Mimi was legally right in not wanting to pay RJ Booker a commission on the sale of her unit.

Part C: Corporations Law question
(10 marks)

Read the questions below on Corporations Law, specifically on Companies and Incorporated Associations.

In 400 words (+/- 10% is allowed), answer the chosen given question.

A minimum of 3 genuine and relevant Australian legal 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 (asic.gov.au), the website of the Australian Business Register’s (ABR) website (www.abr.gov.au).

The full citations for all sources cited in your answer must be listed in a Reference list at the end of your report.

In addition, any online sources cited in your answer and listed in your Reference List must include a valid hyperlink that allows access to the full text of the source.

Gary Olsen, known affectionately as “Gazza” or Gazzarooney” by his mates, is the Group Head for Corporate Finance in a boutique investment bank called “DA Bank Limited”. There is a term in Gazza’s employment contract, which he signed on 15 February 2020, providing as follows:

Prohibition on client contact.
In the event that your employment with DA Bank Limited ceases for whatever reason and howsoever caused, you explicitly agree and undertake not to contact clients of DA Bank through whatever means. This includes contact by phone, email, mail or any other common means of communication. This prohibition will last for 3 years upon the cessation of your employment with the bank.

Gazza resigns from DA Bank on 1 March 2021. He is later recruited by his good mate Colin Taggart, who is the Chief Executive Officer of a merchant bank called “Tag Bank Limited”. Upon joining, Colin immediately appoints Gazza to the same position that he held with DA Bank. Gazza then starts calling some clients of DA Bank that he had dealt with when he worked there.

DA Bank now wants to take legal action against Gazza. Explain to DA Bank the grounds, if any, on which it can take legal action to stop Gazza from contacting the bank’s clients.

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