Assessment item 3
Problem questions
Value: 20%
Due Date: 06-May-2019
Return Date: 28-May-2019
Length: 2000 words
Submission method options: Alternative submission method
Employed As a Sales Representative Assessment Task
Task
You must answer the two problem-type questions below, using the ILAC (Issues, Law, Application, Conclusion) format, a worked example of which is in the Resources folder.
Please note that the word limit of 2 000 words is a total for both questions (ie, it is not 2 000 words for each question). This is a firm limit – work in excess of 2 000 words will not be marked. I would however expect that students should be able to answer both questions in far less than 2 000 words. Your bibliography is not included in the word limit but in-text references are.
**In this subject, assignments are marked on-line, using an adapted MS Word programme. You therefore MUST submit your assignment in Word format, NOT as a PDF document. If you submit in PDF it will not be able to be marked.**
Question 1 [10 marks]
During the period 2009-16 David was employed as a sales representative for Nu Shampoo Pty Ltd, a company which distributes hair-care products throughout South Australia. A term of his contract was that if he should leave the company, he could not engage in the hair-product industry for five years.
In 2017 he left Nu Sampoo Pty Ltd and registered a company called Hair-Glo Pty Ltd. David owns 99% of the shares in the company. The other 1% is owned by his sister, Monica, whom he elected as sole director and CEO. In her capacity as CEO, Monica signs a contract on behalf of the company with David, appointing David as Operations Manager for Hair-Glo. The company operates from Adelaide and sells shampoo and conditioner to hairdressing salons throughout South Australia, many of which know David from his employment with Nu Shampoo. Monica took no active part in the running of the company, apart from having signed a contract on behalf of Hair-Glo with Standard Bank in 2017, taking out a loan of $ 1 million as start-up capital. No security was required for the loan by the bank.
The company did well during 2017 and 2018, but in early 2019 was not able to repay a loan instalment of $ 100 000 owing to Standard Bank Ltd. David comes to you for advice after receiving two letters: One from Nu Shampoo Pty Ltd requiring him to cease the operations of Hair-Glo Ltd in South Australia, the other from Standard Bank Ltd threatening to sue him personally for $ 100 000. Advise him as to his position, citing all relevant legal authority.
Please note that you should assume that the restraint of trade clause in the contract that David had with Nu Shampoo is valid under the law of contract.
Question 2 [10 marks]
Four friends – Anne, Mary, Jane and Sarah – who met at university graduate as medical practitioners in the same year. Because they all get on so well and trust each other’s judgement, they decide to form a partnership of general practitioners in Western Sydney, which they call Your Local Doctor. They sign a partnership agreement in terms of which they are all equal partners. The agreement also states that each partner will have authority to enter into contracts of up to $ 10 000, but that contracts in excess of that amount require the agreement of all the partners.
Anne and Mary go overseas one year, leaving Jane and Sarah to run the practice. When they return, they discover that the following has happened:
Just before she went away, Anne had noticed that the practice had almost run out of paper for the printer, so she left a note for Jane, asking her to order a new supply. When Anne and Mary returned, they found that Jane had paid $ 2 000 to buy printer papers from a business run by her boyfriend, whereas the usual supplier would have charged $ 1 200 for the same amount of paper. They are also displeased to find two invoices, addressed to Your Local Doctor, awaiting payment: One is from United Medical Suppliers Pty Ltd for $ 13 000 worth of medical instruments ordered by Jane. The other is for $ 2 000 from Uber Australia Ltd for driver training course ordered by Sarah, who had previously argued that the four doctors should run a local ride-share service on days when the practice was not busy.
Advise Anne and Mary as to what liabilities arise from the above facts, citing relevant legal authority
**Please check that your assignment complies with the rules in the Style Guide before you hand it in.**
Online submission via Turnitin is required for this assignment. Details will be provided by your subject lecturer.
Rationale
Subject learning outcomes
This assessment task will assess the following learning outcome/s:
- be able to anlayse the rules of statutory interpretation and the law relating to torts, contracts, property, agency, partnerships and corporations.
- be able to distinguish between rules of law and exercise judgement in applying the law to complex legal problems.
and more specifically:
- your knowledge of the law relating to incorporation.
- your knowledge of the law relating to partnership.
- your ability to undertake an assessment task relevant to the workplace and professional practice.
Graduate learning outcomes
This task also contributes to the assessment of the following
- Academic Literacy and Numeracy (Knowledge) – Graduates understand the use and structure of appropriate language in written, oral, visual, mathematical, and multi-modal communication.
- Academic Literacy and Numeracy (Skill) – Graduates demonstrate the literacy and numeracy skills necessary to understand and interpret information and communicate effectively according to the context.
- Academic Literacy and Numeracy (Application) – Graduates consider the context, purpose, and audience when gathering, interpreting, constructing, and presenting information.
- Professional Practice (Skill) – Graduates demonstrate discipline-specific technical capabilities and self-appraisal required for a beginning practitioner or professional.
Marking criteria and standards
| CRITERIA | HD | DI | CR | P | FL | |
| Students are required to demonstrate the following in answering problem-type questions: | To meet this level you will achieve a cumulative mark of 85-100%. A mark in this range indicates that a student: | To meet this level you will achieve a cumulative mark of 75-84%. A mark in this range indicates that a student: | To meet this level you will achieve a cumulative mark of 65-74%. A mark in this range indicates that a student: | To meet this level you will achieve a cumulative mark of 50-64%. A mark in this range indicates that a student: | At this level you will obtain a mark of 0-49%. A mark in this range indicates that a student: | |
| Identification of relevant legal issues
| Correctly identifies all legal issues and formulates them clearly with consideration of all links to relevant law with no errors. | Correctly identifies all legal issues and formulates them with consideration of links to relevant law, with only minor errors. | Identifies and correctly formulates most major legal issues, taking into consideration most links to relevant law. | Identifies some legal issues, with some errors in formulation. Considers some links to relevant law. | Identifies no relevant issues or only a few of them. Some of these may be unclearly formulated. Considers few links to relevant law. | |
| Explanation of law, citing relevant legal authority
| Provides a complete explanation of the law with no errors. Explains all relevant legal authority. | Provides an explanation of almost all points of law with few errors, substantiated by most of the relevant legal authority, with only minor errors. | Provides an explanation of most points of law with few errors, substantiated by citation of most of the relevant legal authority with few errors. | Provides a basic explanation of the law, but with some errors, substantiated by limited legal authority. | Provides incorrect or limited explanation of the law using little legal authority. | |
| Application of legal principles to the facts
| Applies the law to the facts so as to address all issues with no errors. Argument discusses linkages between facts and the law and considers counter-arguments. Conclusion clearly draws together arguments. | Applies the law correctly to the facts so as to address all issues, with only minor errors. Argument discusses linkages between facts and the law. Conclusion draws arguments together. | Applies the law correctly to most issues arising from the facts, but with some errors. Argument summarises application of the law. Conclusion summarises arguments. | Makes a basic attempt to apply the law to the facts, but applies wrong law and / or contains significant errors in the application. Resultant answer is incomplete. | Paper does not correctly apply law to the facts and / or applies incorrect law. May be descriptive, rather than putting forward a reasoned argument. | |
| Compliance with the Style Guide and overall structure.
| Uses Style Guide comprehensively, accurately and consistently. Uses ILAC model. Extremely well structured and organised, with one main argument introduced per paragraph, supported by well-written supporting sentences. | Uses Style Guide accurately and with only minimal errors. Uses ILAC model. Well structured, with some differentiation of arguments between paragraphs. | Use of Style Guide, with some errors or lapses. Uses ILAC model and is clearly structured. | Limited or inconsistent use of Style Guide. Some attempt at use of ILAC model and in structuring answer but with errors.
| Poor, inconsistent or inaccurate use of Style Guide. Poorly structured. Inadequate or no use of paragraphs. May have disregarded the ILAC model. | |
| Written expression and editing. | Uses appropriate academic writing which is formal, impersonal and which contains no spelling, grammar and punctuation errors. Paper demonstrates careful proofreading. | Uses appropriate academic writing which is formal, and impersonal with only very minor spelling, grammar and punctuation errors. Paper demonstrates careful proofreading. | Uses appropriate academic writing which is formal and impersonal, with a few spelling, grammar and punctuation errors. Paper demonstrates evidence of proofreading. | Significant spelling, grammar and punctuation errors but the paper is readable and demonstrates some attempt at proofreading. | Poor grammar, spelling and/ or punctuation. Paper gives no evidence of having been proof-read. |
Presentation
Please comply with the Style Guide which appears after Assessment item 2.
Requirements
This assignment must be submitted through Turnitin.
It is recommended that your name, student ID and page number are included in the header or footer of every page of the assignment.
Further details about submission in Turnitin are provided in On-line submission.