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ACTY 5320 | LAW OF BUSINESS OBLIGATIONS

ACTY 5320 | LAW OF BUSINESS OBLIGATIONS | LAW

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Question 1 (Learning Outcome One)            10 Marks

New Zealand Constitutional Framework – short essay

Instructions: Describe in your own words what is “common law” and give an example (using a case) of how the common law system works

 

Question 2 (Learning Outcome One)   10 Marks

Legislation – Interpretation and Application

Instructions: Locate the Contract and Commercial Law Act 2017 on the New Zealand

Required:

    1. What is the purpose of the Contract and Commercial Law Act 2017? Refer to the relevant section of the Act in your answer and briefly summarise this in your own words. [2 marks]
  1. Research when the bill was introduced for the Contract and Commercial Law Act 2017 and when it obtained Royal Assent. [2 marks]
  1. Where can you find resources and guidance on Contract and Commercial Law Act 2017? Suggest some easy to access and reliable sources of information. [2 marks]
  1. Identify four legislations that were re-enacted by the Contract and Commercial Law Act 2017[4 marks]

 

Question 3 (Learning Outcome Two) 10 Marks

Negligence – short essay

Instructions: Describe in your own words the three elements required to establish a tort of negligence. Support each element with reference to the corresponding casela

 

Question 4 (Learning Outcome Two)                                   12 Marks

Negligence – application question (ILAC)

Scenario

Apex Developments Ltd (ADL) wishes to be listed on the New Zealand Exchange Main Board. As part of the process, it is required to appoint professional advisers to assist with the preparation of the prospectus (offer document), participate in the due diligence process for the Initial Public Offer (IPO), price the offering, market the offering to investors and be available to the company for other advice, where necessary, throughout the IPO process.

Ace Consulting & Accounting has been appointed to prepare the prospectus and conduct a due diligence on ADL’s financial statement.

The prospectus states that :

ADL is seeking up to $100 million to develop its business as a finance company. The company has delivered strong profit results for a number of years, including an audited net surplus of $14.97 million for the year ended 30 June 2015, an increase of 47% on the previous year’s results. In addition, ADL’s receivables book is both growing and expanding into diverse business sectors.

Prudent Investment relying on the statements in the prospectus, which indicates that ADL was financially sound, bought a block of ADL’s shares.

Twelve months later ADL went into liquidation with losses of $10 million. On examination of ADL’s accounts it was clear that the company had been in financial trouble since 2014 and the position was even worse when the report was written.

Prudent Investment is now attempting to recover their investment from Ace Consulting & Accounting.

Required

Advise Prudent Investment whether they are likely to succeed in a claim against Ace Consulting & Accounting. Cite relevant case law in your in your answer.

Question 5 (Learning Outcome Three) 10 Marks

Contract – short answers

Scenario

Jose has recently left his plumbing job and wants to start up his own business.

Jose is in need of funds for the business and asks his father for $30,000 to help him set up. Jose’s father is happy to help but has seen these kinds of situations go wrong before and therefore a bit reluctant. In the end, Jose’s father agrees to lend Jose the money, conditional on Jose signing a loan slip to record the debt, which is repayable on demand.

Jose uses the $30,000 and sets up his business. His business prospers and soon he decided to his business the sale of tools and appliances. He searches in the Yellow Pages and finds a supplier, Mandy. Mandy agrees to supply the goods to Jose and asks him to enter into an agreement. Jose was nervous about signing an agreement with someone he didn’t know and insisted on putting a clause that “this agreement is not a formal legal agreement and shall not be enforceable in the Courts”. Mandy reluctantly agreed and signed.

Jose’s business was doing great until he sprained his back and was unable to continue with works. He kept the business going through hiring a contractor in the meantime. Six months down the track Jose’s back was still not fully healed and business had been going downhill. Jose’s father was aware of the situation and Mandy’s monthly invoices have been unpaid for some time.

Required

  1. Advise Jose whether his father will be successful in an action against him. Cite relevant case law in your answer. [4 marks]
  1. Advise Jose whether Mandy will be successful in an action against him. Cite relevant case law in your answer. [4 marks]

Question One – Essay Grading Rubric below

As you research and write the essay, please use this grading rubric as a guide towards satisfying the criteria.

A B C D/F Mark
Organization: Well planned and Good overall There is a sense of No sense of
Overall thought. organization, organization, although organization
1% Exceptionally well includes introduction, some of the
structured, includes main body and organizational
introduction, main conclusion. structures used are
body and conclusion. weak or missing
1 mark 0.5 marks 0.25 marks 0 mark
Content – Exceptional Correct identification Presentation of the Content is not
Law identification of of relevant law, relevant law but not sound
4% relevant law, well well-presented and particularly supported;
presented, supported supported with some evidence, but
with evidence and specific referencing usually of a
details, with specific of legislative generalized nature.
referencing of provisions and case
legislative provisions law as required.
and case law as
required.
4 marks 3 marks 2 marks 0 mark
Research & Sources are Sources are well Sources support some The paper does
Citation exceptionally integrated and claims made in the not use adequate
3% well-integrated and support the paper’s paper, but might not be research or if it
they support claims claims. There may be integrated well within does, the sources
argued in the paper occasional errors, but the paper’s argument. are not integrated
very effectively. the sources and Law and facts are well. They are not
Conforms APA conforms APA mostly read verbatim cited correctly nor
referencing. referencing. from article or source listed correctly.
and not put into the
presenters own words
or adequately
connected to the
question.
3 marks 2 marks 1 marks 0 mark
Analysis/Disc Exceptional analysis Good analysis or Moderate analysis No personal
ussion or thoughtful discussion on the with some factual reaction to the
1% discussion expressed topic expressed with substantiation based subject matter
well with factual substantiation on article and course or given. Lack of
substantiation based based on facts in other materials/ analysis without
on facts in article & article and other sources, or discussion factual
other sources. sources. question posed but substantiation or
with little exploration no discussion
question posed.
1 mark 0.5 marks 0.25 marks 0 mark
Grammar & Excellent grammar, A few errors in Shows a pattern of Continuous errors
Mechanics spelling, syntax and grammar, spelling, errors in spelling,
1% punctuation. syntax and grammar, syntax
punctuation, but not and/or punctuation.
many. Could also be a sign of
lack of proof-reading.
1 marks 0.5 marks 0.25 mark 0 mark
Total

Question Three – Essay Grading Rubric below

A B C D/F Mark
Organization: Well planned and Good overall There is a sense of No sense of
Overall thought. organization, organization, although organization
1% Exceptionally well includes introduction, some of the
structured, includes main body and organizational
introduction, main conclusion. structures used are
body and conclusion. weak or missing
1 mark 0.5 marks 0.25 marks 0 mark
Content – Exceptional Correct identification Presentation of the Content is not
Law identification of of relevant law, relevant law but not sound
4% relevant law, well well-presented and particularly supported;
presented, supported supported with some evidence, but
with evidence and specific referencing usually of a
details, with specific of legislative generalized nature.
referencing of provisions and case
legislative provisions law as required.
and case law as
required.
4 marks 3 marks 2 marks 0 mark
Research & Sources are Sources are well Sources support some The paper does
Citation exceptionally integrated and claims made in the not use adequate
3% well-integrated and support the paper’s paper, but might not be research or if it
they support claims claims. There may be integrated well within does, the sources
argued in the paper occasional errors, but the paper’s argument. are not integrated
very effectively. the sources and Law and facts are well. They are not
Conforms APA conforms APA mostly read verbatim cited correctly nor
referencing. referencing. from article or source listed correctly.
and not put into the
presenters own words
or adequately
connected to the
question.
3 marks 2 marks 1 marks 0 mark
Analysis/Disc Exceptional analysis Good analysis or Moderate analysis No personal
ussion or thoughtful discussion on the with some factual reaction to the
1% discussion expressed topic expressed with substantiation based subject matter
well with factual substantiation on article and course or given. Lack of
substantiation based based on facts in other materials/ analysis without
on facts in article & article and other sources, or discussion factual
other sources. sources. question posed but substantiation or
with little exploration no discussion
question posed.
1 mark 0.5 marks 0.25 marks 0 mark
Grammar & Excellent grammar, A few errors in Shows a pattern of Continuous errors
Mechanics spelling, syntax and grammar, spelling, errors in spelling,
1% punctuation. syntax and grammar, syntax
punctuation, but not and/or punctuation.
many. Could also be a sign of
lack of proof-reading.
1 marks 0.5 marks 0.25 mark 0 mark
Total

 

Assignment One Semester Two 2016 Marking Schedule
Question Marking Schedule Marks & Comments
Q1 Marks awarded out of 10 (see rubric)
/10
Q2(1) Marks awarded for identifying purpose (1 mark) and /2
section (1 mark)
Q2(2) Marks awarded out of 2 for identifying the introduction of
the Bill (1 mark) and when Royal Assent was obtained (1 /2
mark)
Q2(3) Marks awarded out of 2 for identifying/suggesting the
resources and guidance on Contract and Commercial /2
Law Act 2017
Q2(4) Marks awarded out of 4 for identifying the relevant
legislation (1 mark for each correct legislation identified). /4
Q3 Marks awarded out of 10 (see rubric)
/10
Q4 ILAC Question – Negligence
Issue: Correct statements of the Issue (2 marks)
Law: Correct principles of law clearly set out and explained
well, with reference to relevant case law and/or legislation
(4 marks)
Application: Principles of law systematically applied to the
fact situation. Good explanation of application in clear and
simple language (4 marks)
Conclusion : Correct statement of conclusion (2 marks) /12
Q5(1) Short  Answer  Questions  –  Intention  to  Create  Legal
Relations
Marks awarded out of 4 for clear, concise explanation of
the  law  and  citing  relevant  cases  (2  marks)  and its /4
application to the situation (2 marks)
Q5(2) Marks awarded out of 4 for clear, concise explanation of
the  law  and  citing  relevant  cases  (2  marks)  and its /4
application to the situation (2 marks)
General Comments
/50

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