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1. Explain the main concepts and principles of the law of obligations & company law

Programme :    Business Undergraduate

Year/Level :  2/Level 5

Academic Year :  2019/20

Trimester :  2   

Module title :  Business Law

Assignment no. :     2

Module code:  BUS589

                          Word guide:    1,500 per part

Percentage Weighting of this assignment for the module:           

Issue date :     27th March 2020

 

Lecturer :    

                          Second marker :

     

Notes for students :

1. Electronic copy of assignment must be submitted through the Turnitin software.

2. This assignment will be marked electronically and results available online through Grademark in Turnitin.

3. 10% of marks are awarded for satisfactory use of language and/or good presentation.

4. 5% of marks are awarded for satisfactory referencing and/or presentation of a bibliography where either is required. Note that all referenced work should be obtained from credible sources.

5. Students should ensure that they comply with Glyndwr University’s plagiarism policy.

6. Students should make correct use of the Harvard referencing method.

Learning Outcomes Tested in this Assignment :

1. Explain the main concepts and principles of the law of obligations & company law

2. Apply the main concepts and principles of the law of obligations & company law to realistic commercial situations

3. Critically evaluate the main concepts and principles of the law of obligations & company law in terms of their commercial consequences


Would students please note that achievement of the learning outcomes for this assessment is demonstrated against the assessment criteria shown below (which are not necessarily weighted equally).  All marks/grades remain indicative until they have been considered and confirmed by the Assessment Board

Assessment Criteria

Marks Awarded

Marks Available

1

 Outline and articulate the statutory and common law provisions in relation to company law. Use a wide variety of case law to illustrate the legal issues.

 

30

2

 

Critically analyse potential problems regarding the application of the law as it applies to business situations. Sustained arguments should be used throughout.

 

50

3

Wide ranging references with the correct use of the Harvard system

 

5

4

Quality of the written work. Clear structure to the work and correct spelling was used throughout

 

15

Additional Comments from Second marker or External Examiner (if required) :

 

Grading & Marking Criteria for BA Programmes

80 +

Outstanding work of exceptional merit which is original in content or approach allowing a novel perspective, going beyond what is available in the literature.

70 – 79

Work which is clearly articulated and well substantiated, based on extensive reading, and demonstrates an authoritative grasp of the concepts, methodology and content appropriate to the subject and to the assessed task. There is clear evidence of originality and insight and an ability to sustain an argument, to think analytically and/or critically and to synthesise material effectively.

60 – 69

Work which demonstrates a very good level of understanding of the concepts, methodology and content appropriate to the subject and which draws on a wide range of properly referenced sources. There is clear evidence of critical judgement in selecting, ordering and analysing content. The work demonstrates some ability to synthesise material and to construct responses which reveal insight and may offer some occasional originality.

50 – 59

Work derived from a solid basis of reading and which demonstrates a grasp of relevant material and key concepts and an ability to structure and organise arguments. The performance may be rather routine but the work will be accurate, clearly written and include some critical analysis and a modest degree of original insight. There will be no serious omissions or irrelevancies.

40 - 49

Competent and suitably organised work which demonstrates a reasonable level of understanding with minimal analysis and interpretation. It covers the basic subject matter adequately but is too descriptive and insufficiently analytical. There may be some misunderstanding of key concepts and limitations in the ability to select relevant material so that the work may be flawed by some omissions and irrelevancies. There will be some evidence of appropriate reading but it may be too narrowly focussed.

30 - 39

Work lacks evidence of knowledge relevant to the topic and/or significantly misuses terminology. There is either no evidence of literature being consulted or irrelevant to the assignment set. Inaccurate or inappropriate choice of theory. Unsubstantiated/invalid conclusions based on anecdote and generalisation only, or no conclusions at all. Lacks critical thought, analysis and reference to theory.

  0 - 29

Insufficient level of understanding and knowledge base unacceptably weak. No evidence of logical structure and poorly presented. Referencing is unsystematic or absent.


Assignment One – Part One

Answer one question only

Both questions carry equal marks

QUESTION ONE

‘Lifting the veil of incorporation is rare in the UK. However, there are still circumstances in which the courts will allow a request to lift the veil. This will mostly be when people have tried to use the incorporation to evade a legal obligation or liability.’ www.psfaccounting.co.uk.

Critically evaluate the circumstances when courts have been prepared to lift the ‘veil of incorporation’ and hold directors and other members personally responsible for their actions.

                                                                                                                                       (50 Marks)                                                                                                      

QUESTION TWO

 

‘Despite recent changes in the law the interests of minority shareholders are still largely unprotected.’

Critically evaluate how the law tries to ensure that the interests of minority shareholders are protected against the actions of majority shareholders.

   (50 Marks)
Assignment 1 - Part Two

1. Answer the following case study.

2. All parts of the question carry equal marks.

3. You must use legal authority to support your answer.

After many years working for a large software company, Sarah has decided that she has the skills and abilities to work for herself. However she is unsure as to the type of business organisation to choose and come to you for advice.

A) Outline and critically evaluate the advantages and disadvantages of setting up business as a sole trader, a partnership or a private limited company. (25 Marks)

B) Sarah decides upon a private limited company as the best form of business organisation. Explain to her how to incorporate a private registered company. Include an explanation of the relevant documents she will need along with fees and relevant addresses where the documentation will be sent. (25 Marks)


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