Undertake independent research into particular aspects of organisation law, to reflect on and consider particular factual and legal issues, and to apply your legal skills.
details in file attached
Requirements: 1500 words
ORGANISATION LAW
ASSIGNMENT SEMESTER 2, 2023
Submission method: As a word document (not in pdf) via the Turnitin enabled assignment link in Moodle.
Plagiarism is strictly treated
The purpose of the assignment is for you to undertake independent research into particular aspects of organisation law, to reflect on and consider particular factual and legal issues, and to apply your legal skills. We are looking for a demonstrated understanding of organisation law, which requires you to use substantive law (i.e. applicable statute and/or case law) to support your arguments.
The word length for this assignment is 1,500 words (a maximum only of 10% over or under this limit is acceptable). Please provide a word count with the assignment, and do not include references within your word count. Given the different weighting for the marks for the questions below, students should use their discretion in allocating their words when answering each question. Please do not repeat the questions verbatim at the start of your response.
The referencing method used in your assignment must accord with the APA style.
In writing your response, please ensure that you answer the questions asked in this document and address the criteria outlined in the Course Description and in the Criterion-Referenced Marking Rubric (contained in this document).
In brief; most marks will be given for analysis; very few marks will be given for merely restating information (including the facts). A key assessment criterion for this task is your ability to apply knowledge and present arguments to justify your analysis. This assignment assesses topics C, D and E only. In your answers to both question 1 and question 2 (contained in this document), only consider Australian law applicable to Corporations (Company) law. You must complete your answers to BOTH questions in the one document.
QUESTION 1 (problem question: consider using the IRAC method):
Bouncy Pty Ltd operates a number of trampoline parks. The appointed directors are Bob, Helen and Andy. About two years ago, the industry collapsed, due to the pandemic because patrons could not attend the parks. Accordingly, the directors sought to pivot the business and began to hire out mobile trampoline stations to local and interstate businesses for functions and parties. Despite their efforts, the company profits continued to decline.
The managing director Bob sought the help of a venture capitalist, Sonny. Sonny offers advice to the board and invests heavily in the business. He holds himself out, both internally and externally to outsiders, as the new chairperson of the board and immediately promotes a new business activity of fishing tours to attract further investment, as he loves to go fishing. The board are perplexed by this move, but acquiesce given Sonny’s considerable investment and business background. Sonny attracts further investment from various parties but despite this the company becomes insolvent (unable to pay its debts as and when they fall due).
Advise Bob, Helen and Andy of their legal duties as directors. In considering the directors duties, outline and explain the duties that apply if the business continues to trade in these circumstances (20 marks).
Advise Bob, Helen and Andy of their legal obligations with respect to the representations made by Sonny (10 marks).
In your response you need to refer to relevant sections of legislation and case law. (30 marks)
QUESTION 2 (Note: This question is separate from the question above):
This question can be responded to as an essay question. Explain the assumptions that can be formed by a third party when dealing with a company contractually. Support your answer with reference to sections of the Corporations Act 2001 (Cth) and relevant case law. (10 marks)
BULAW2611 ORGANISATION LAW ASSIGNMENT – CRITERION REFERENCED MARKING RUBRIC
Further to the contents of the Course Description re. Assessment Task 2 (Assignment):
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