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BACHELOR OF BUSINESS (05075K)
SEMESTER 1 2011
LAW201 Business and Company Law
ASSIGNMENT (WORD LIMIT 2500 WORDS) DUE DATE: WEEK 10, THURSDAY, BEFORE 5 PM
INSTRUCTIONS TO STUDENTS:
1. STUDENTS ARE TO ANSWER ALL QUESTIONS.
2. STUDENTS MUST NOT PLAGIARISE OTHER MATERIALS OR COLLUDE WITH OTHER STUDENTS FORM OTHER GROUP(S).
3. THE ASSIGNMENT IS WORTH 40% OF THE TOTAL ASSESSMENT.
4. STUDENTS ARE TO HAND IN A HARD COPY (TYPED) TO THE LECTURER/ RECEPTIONIST ON THE DUE DATE THE LATEST AT 5PM. IT SHOULD BE ACCOMPANIED WITH A COVER SHEET WHICH HAS BEEN FULLY AND PROPERLY FILLED. YOU MUST KEEP A COPY OF YOUR PAPER AS WELL.
5. STUDENTS MUST USE THE HARVARD CITATION.
6. EVERY SENTENCE WHICH IS COPIED FROM OTHER SOURCES MUST BE REFERENCED PROPERLY.
7. FORMAT OF THE PAPER: TIMES NEW ROMAN, SIZE 12, 1.5 SPACING, LEFT AND RIGHT SIDES ALIGNED.
8. FOR QUESTION 1, PLEASE USE THE IRAC METHOD WHICH IS EXPLAINED IN PAGE 3 OF THIS DOCUMENT.
Each question carries 15 marks= 30 marks
10 marks are allocated for writing skills
Total= 40 marks
给学生的指示：
1。学生回答所有的问题。
2。与其他学生形成另一组（ S ） ，学生不能再剽窃其他材料或串通。
3。分配的总评估价值的40％ 。
4 。学生手的硬拷贝（类型）于到期日最迟在下午5点的讲师/接待员。它应该是伴随着一个封面已全数正确填写。你必须保持你的论文以及副本。
5 。学生必须使用哈佛引文。
6 。必须正确引用的每一句话，这是从其他来源复制。
7。纸张格式：宋体，大小为12 ， 1.5倍行距，左，右两侧的不结盟。
8。问题1 ，请使用IRAC方法解释这个文件第3页。
每题15分= 30分
10标记分配写作技巧
总计= 40分
Question 1 (15 marks)
Bottlestoppers Ltd is a manufacturer of cork and other plastic stoppers to the wine and spirits industry. Bottlestoppers is seeking to expand its business and is considering a number of potential business opportunities.
One opportunity is a new soft plastic system being developed by Mode Plastics Pty Ltd. The second opportunity is the possible purchase of an Australian licence for a new screw top cap for bottled wine and spirits developed in the United States by Sealants inc, an American registered public company. Bottlestoppers engaged outside consultants to investigate these two business opportunities who then reported to the Board of Bottlestoppers.
At the Board meeting of Bottlestoppers, the Board decided to go ahead with the development of the new plastic system of http://www.ukassignment.org/azdxassignment/ sealant with Mode Plastics. However, after much discussion the Board decided by a narrow majority not to proceed with purchasing the Australian rights to the screw top bottle from Sealants.
Susan, who was one of the directors of Bottlestoppers, set up her own company, Screwtops
Pty Ltd. She then acquired the Australian licence for the new screw top cap from Sealants.
The acquisition of the licence proved to be very profitable for Screwtops.
If the following scenarios were to take place, advise:
(a) Whether any action can be taken by Bottlestoppers against Susan for her acquisition of the screw top cap licence from Sealants. (10 marks)
(b) The Board resolves to take no action against Susan. Tom and Vincent, minority shareholders in Bottlestoppers, threaten to call a meeting of shareholders in order to pass resolutions to take action against Susan for „stealing‟ the licence for the screw top caps. What conditions do they have to comply with in order to call such a meeting. (5 marks)
问题1 （15分）
Bottlestoppers有限公司是一家生产软木和其他塑料瓶塞的葡萄酒及烈酒行业。的Bottlestoppers正在寻求扩大其业务，并正考虑多个潜在的商业机会。
一个机会是一个新的软塑制模式塑料私人有限公司正在开发的第二个机会，是一个新的螺丝顶盖密封剂公司，一个美国人注册在美国开发的瓶装葡萄酒及烈酒可能购买澳洲执照上市公司。 Bottlestoppers从事外部顾问来调查这两个业务的机会，然后报董事会Bottlestoppers 。
在的董事会会议Bottlestoppers ，董事会决定继续前进的发展模式塑料新型塑料密封系统。然而，经过多次讨论，董事会决定由一个狭窄的多数不进行密封螺丝顶瓶购买澳大利亚的权利。
Question 2 (15 marks)
Analyse the following statement:
“It is the divergence of interests of the various stakeholders in companies which makes the corporate governance debate crucial. Good corporate governance should be about protecting and balancing the interests of stakeholders by setting up the appropriate mechanisms to align these divergent interests where possible and to ensure adequate monitoring of management.” (I Ramsay and R Hoad, “Disclosures! Corporate Governance in Practice”, Company Director (Vol 14 No 2, March 1998) 11, 17.
Type of Question IRAC Tips
Problem questions/ case-based questions
分析下面的语句：
“它是发散的各利益相关者的利益，在公司，这使得公司治理的辩论至关重要。良好的公司治理应设立适当的机制来调整在可能的情况下，这些不同的利益，并确保有足够的监控管理，保护和平衡利益相关者的利益。 “ （我拉姆齐和R HOAD的的”公司治理实践中的披露！ “公司董事（第14卷第2号， 1998年3月） 11 ， 17。
The aim of a question which poses a hypothetical fact problem is to test your ability to apply the relevant body of law to the legal problem arising on the facts
You need, therefore, to demonstrate your knowledge of the law, as well as your ability to apply the law to the facts
Your knowledge of law is gained from reading and understanding case law as Contracts 1 is mostly about legal principles grounded in the common law (case law)
Keep in mind:
It is inadequate to simply refer to the correct legal principles without referring to the relevant cases and/or statutes which illustrate the application of these principles
Further, where the precedent value of a case is in issue, you need to critique that aspect of the case (e.g. a precedent value of a case with distinguishable facts from the case at hand is slightly less as compared to another which might possesses similar facts to the case at hand)
The IRAC methodology is commonly used as it is simple and straightforward and is analogous to the proof-making model used by lawyers to solving legal problems
Identify the issue
What is the dispute all about?
What will the respective parties argue?
Succinctly introduce the relevant principles of law and authority that is applicable to the problem
What are the relevant principles/rules/exceptions/tests which will be applied?
The full citation of the case name does not have to be given, the name and the year would suffice
Apply those principles to the facts
How will the issues be solved?
What do the law says?
How will the law be applied to the facts?
Conclude
Which arguments/ principles of law will prevail?
What remedies are available for the parties
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