代写 悉尼 CLAW1001 Foundations of Business Law
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代写 悉尼 CLAW1001 Foundations of Business Law
CLAW1001
Foundations of Business Law
Semester One, 2016
Problem-Based Assignment
Key details:
Assignment release date: Monday 18 th April (week 7).
Assignment due date: Saturday 14 th May, 10:00am (week 10). Students should note that this is a one week
extension on the due date in the unit of study outline.
Assignment closing date: Saturday 21 st May, 10:00am (week 11). Students who have not submitted an
assignment by the closing date will receive zero marks unless an extension has been granted.
Penalties for late submission: 10% of your mark for this assignment will be deducted for each calendar day
(or part thereof) for which your submission is late unless an extension has been granted.
Method of submission: Online via the Turnitin link on Blackboard. A hard copy of this assignment is not
required to be lodged.
Word limit: 1500 words. Text in footnotes will not count towards the word limit providing that the footnote
only contains a reference to a source which you have used. See the following page for more information on
referencing requirements. 10% of your mark will be deducted if your assignment is more than 10% over the
word limit, and again for each additional 10% over the word limit thereafter.
Weighting: This assignment is worth 25% of the total marks for this Unit of Study.
Overview of assignment:
This assignment is designed to test your critical, analytical and research skills in the context of a hypothetical
set of facts. The problem raises a number of legal issues which you need to identify and resolve. Your answer
requires careful structuring and focus on the key legal issues.
Research requirements:
The legal issues presented in this assignment may require students to conduct their own research to
supplement the material presented in lectures and tutorials. To this end, Library Workshops will be offered to
assist students with developing their legal research skills. Details of these workshops will be posted on
Blackboard and, whilst not compulsory, students are strongly recommended to attend.
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Referencing:
The Australian Guide to Legal Citation, 3 rd Edition (AGLC) is to be used for referencing in this assignment. This
referencing style is used as a standard in the Australian legal profession and relies upon footnotes instead of in-
text references.
Students should note that a separate reference list is not required in this assignment, as all references will be
included in footnotes.
A number of resources which will help you with understanding the AGLC are listed as follows:
Referencing and Citation Styles (University of Sydney Library)
http://libguides.library.usyd.edu.au/content.php?pid=160012&sid=1513435
Australian Guide to Legal Citation “How to” Guide (University of Queensland)
http://www.library.uq.edu.au/_//filething/files/get/AustGuideLegalCitation3.pdf
Australian Guide to Legal Citation, 3 rd Edition
http://law.unimelb.edu.au/__data/assets/pdf_file/0007/1586203/FinalOnlinePDF-2012Reprint.pdf
Learning to use the AGLC referencing style will be a primary focus of the Library Workshops.
Academic honesty and plagiarism:
Students are warned that the University takes instances of plagiarism and academic dishonesty extremely
seriously. The penalties for academic dishonesty are severe and range from a deduction of marks through to
expulsion from the University.
The Turnitin technology will be used in this assignment to detect instances of academic dishonesty, including
plagiarism, copying from other students, submitting an assignment which is not your own work, quoting or
copying a source without referencing, inadequate referencing and so on. Assignments will also be manually
reviewed by markers to detect possible instances of academic dishonesty. It is each student’s responsibility to
ensure that their assignment complies with the University’s Academic Honesty policy.
It is a requirement that students must have completed the online Academic Honesty module prior to submitting
this assignment.
Simple extensions and special consideration:
Consistent with new University policy, students are able to request a simple extension of not more than two
days for assessment tasks. Students should note that simple extensions will only be granted in exceptional
circumstances (for example, misadventure or serious illness) and that supporting documentation will be
necessary. All requests for simple extensions are to be addressed by email to the Senior Tutor.
If an extension of longer than two days is required students will need to lodge a formal application for special
consideration via the online portal at http://sydney.edu.au/current_students/special_consideration/
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Assignment problem question:
One of the most exciting things about university is you never know who you might meet or what you could end
up doing. Blair and Chuck met each other on a sunny Friday afternoon in their first CLAW1001 tutorial. Over the
semester – from the first stupid ice-breaker activity right through to the last arduous problem question – their
relationship developed and they became best friends. Sitting on the Law lawn one day after semester finished,
they talked about changing the world. “I know it’s possible”, said Chuck. “All we need is an idea, and we could
be rich, famous, successful…”
“We should make a startup!” Blair suddenly cried, jumping to her feet. “Technology is changing the world, right?
Why don’t we do something disruptive, and set up a business connecting students together online to learn from
each other’s experiences at uni? It’ll be like Uber…but for the whole education industry!”
Chuck was sceptical. “That sounds like something I’ve seen before…” he remarked. Undeterred, Blair ran home
to start writing up a business plan. At the Abercrombie Building café a few days later, she presented the plan to
Chuck. “How about it?” she asked. “You and me, business partners, ready to change the face of learning
forever!”
代写 悉尼 CLAW1001 Foundations of Business Law
“I suppose it might work”, said Chuck. “Let’s do it!”
Over coffee and a light brunch, they negotiated an arrangement. Blair and Chuck would be partners in their new
online learning enterprise, called CourseChamp. They would both contribute equally to the financing and
running of the business and the profits would be split 50/50.
“Shouldn’t we have this written up properly?” asked Chuck.
“Come on, don’t be a killjoy”, said Blair. She scribbled down the details of their discussion on the back of a
menu under the title “Heads of Agreement”, signed the bottom and challenged Chuck to take it or leave it. “Are
you in this or not?” she asked. “We’re both sensible Commerce students and can work out the rest of it as we
go along”. Reluctantly, Chuck signed the document as well.
Finding an office was the first order of business. After what seemed like a thousand inspections, Blair and Chuck
finally discovered what seemed to be the perfect place – a trendy converted warehouse in the city that was
home to the offices of several other successful startups. The landlord, Jack, puffed on a cigar and slid a heavy
pile of paperwork across his mahogany desk towards them. “The lease is $800 a week. All the terms and
conditions are there”, he said.
“That’s so expensive though…”, said Chuck.
“But it’s such a nice place! Don’t you feel inspired just being here?” asked Blair.
Jack interrupted. “Look, I don’t have time for this”, he said. “You have the contract. If you’re happy, sign it and
send it back to me. If not, I have other tenants ready to go. I want the signed contract on my desk by next Friday
22 nd or the deal’s off.” Jack got up and strode out of the room.
The next week passed like a blur for Blair and Chuck. Working out of Blair’s garage, they set up a website, put
up their study notes and case summaries and were excited to see other users signing up and doing the same.
Jack’s lease contract lay forgotten on the floor until Thursday 21 st , when Blair suddenly remembered it. In a
rush, they signed the contract and posted it that day.
Realising CourseChamp would need better computer equipment and servers in order to operate successfully
online, Blair and Chuck visited Dan, the proprietor of a local computer dealership, and entered into a written
contract with Dan to purchase a top-of-the-range ‘CumulusCloud 1901’ server from him, with delivery and
payment due in two weeks. Because they did not have the funds to finance the sale immediately, Chuck inserted
the following clause into the contract, which the parties each signed:
Clause 38: This Contract of Sale is subject to the Buyer obtaining suitable finance.
On Monday 25 th , Blair and Chuck arrived at their new office with high hopes. Jack had left the country on
Saturday 23 rd on a business trip but his secretary, recognising their names from the lease contract which had
arrived by mail that morning, gave them the keys. They had received a hundred new signups overnight and the
sky, it seemed, was the limit.
While unpacking their things in the new office, Blair and Chuck bumped into Serena, who worked in the same
building. A young entrepreneur who had dropped out of university to start a successful online business selling
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custom branded cosmetics, she was intrigued by CourseChamp’s business model. “You know, I was thinking of
re-enrolling in University myself later this year. Never too late to finish your degree, right?” she said.
Blair suddenly saw an opportunity to learn from a startup success story. They negotiated an agreement under
which Serena would provide CourseChamp with advice and mentoring, in exchange for Serena receiving an
account with full access to the notes and materials on the CourseChamp website for her personal study use.
This was written into a contract which Blair, Chuck and Serena each signed.
Blair and Chuck went out to a fancy dinner to celebrate. “This is the start of something really special, I hope”,
said Chuck, as they shared their first kiss.
Blair and Chuck seek your advice on the following. (5 marks each)
1. Jack has returned from his business trip. While away, he received an offer from a rich offshore trading
firm willing to pay $1500 a week for CourseChamp’s office, and entered into a contract to lease the
office to them. He evicted Blair and Chuck, claiming that there is no valid contract between them.
2. User activity at CourseChamp has suddenly dropped sharply. Everyone seems to be closing their
accounts and moving to a new website called HomeworkHero. Investigations show that most of the
content on it comes from CourseChamp, and that Serena is behind the new website.
3. In light of the drop in user activity, Blair and Chuck have realised that they no longer need the
‘CumulusCloud 1901’ server from Dan. They have not taken delivery of the server, arguing that they
have not obtained suitable finance. Dan has threatened Blair and Chuck with a breach of contract
action.
4. Distraught at everything that has happened, Chuck has stopped working on anything to do with
CourseChamp and has been avoiding Blair. Broken-hearted but ultimately undeterred, Blair has
continued to work on the business and, some months later, managed to turn a profit for the first time.
Chuck has shown up again demanding his 50% share of the profits. Blair has refused, claiming that
there is no binding agreement between the two of them.
In addition, to the 20 marks allocated for the above, 5 marks will be allocated for structure, evidence of
research, expression, spelling/grammar and correct referencing for a total of 25 marks.
代写 悉尼 CLAW1001 Foundations of Business Law
