ACTY 5320 | LAW OF BUSINESS OBLIGATIONS

ME504 | ADVANCED NETWORKING | INFORMATION TECHNOLOGY
ITECH1103 | BIG DATA AND ANALYTICS GROUP ASSIGNMENT
April 3, 2018
ME504 | ADVANCED NETWORKING | INFORMATION TECHNOLOGY
COM4056 | INDIVIDUAL PROBLEMS AND CASE STUDY ON SECURE SERVER NETWORK
April 3, 2018

ACTY 5320 | LAW OF BUSINESS OBLIGATIONS

ME504 | ADVANCED NETWORKING | INFORMATION TECHNOLOGY

ACTY 5320 | LAW OF BUSINESS OBLIGATIONS | LAW

MANAGEMENT ASSIGNMENT HELP

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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