ADELAIDE LAW SCHOOL
ADELAIDE LAW SCHOOL
COMMLAW 2503 COMPANY AND BUSINESS LAW
BUSINESS LAW ASSIGNMENT SEMESTER 2, 2020
5% of the total mark possible will be deducted for every 24 hours or part thereof that submission is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An assignment that is more than 24 hours late will lose 10%, etc.
If you need an extension of time you need to apply as soon as possible. The grounds for an extension are set out below.
WORD COUNT: 2,500 words maximum. This word limit applies regardless of whether you submit your assignment as an individual or as a group. You may allocate any number of words to each question - it is the overall total between all questions that must not exceed 2,500 words. As per the Course Outline, assignments exceeding the allocated length will be subject to a penalty of 5% of the total marks possible per 100 words or part thereof. Words are calculated including all words in the text, including headings and quotations, but excluding citations in footnotes. Substantive discussion in footnotes will be counted as part of the overall word count. Any separate cover page, table of contents, bibliography or list of sources is excluded from the word count. 3.SUBMISSION: All assignments must be submitted electronically via Turnitin (through MyUni). For assistance with electronic submission, please see the instructions below in Point 8.
EXTENSION REQUESTS Requests for extensions must be made using the 'Assessment Task Extension' online form available at:
https://law.adelaide.edu.au/intranet/forms-downloads/assessment-task-extension .
Extensions will be granted only for limited medical, compassionate or extenuating circumstances in line with University Policy.
REFERENCING Students are welcome to utilise either the Harvard referencing system (with in-text citations and a reference list at the end of the assignment) or the legal citation system (with footnotes appearing throughout the assignment and with no reference list at the end). Regardless of which system is chosen, the critically important requirement is that all sources are correctly cited, and all material in your assignment that derives from an external source is appropriately quoted etc. Students are reminded that they are bound by the Universitys Academic Integrity Policy. You can access referencing support here:
https://www.adelaide.edu.au/library/referencing-support.
You are also invited to utilise the other supports provided in this course. 7.ASSESSMENT CRITERIA Demonstrated ability to identify a legal issue arising from a set of facts; Demonstrated ability to identify a relevant legal principle or rule and its source in the caselaw and to apply that relevant legal principle or rule relevant fact scenario of a business law problem; Demonstrated ability to develop practical solutions to a business law problem and express tentative opinions as to the most suitable or likely remedies and outcomes; Demonstrated ability to articulate a clear and logical answer to a business law problem; Demonstrated ability to effectively structure an answer to a business law problem; Demonstrated ability to adhere to appropriate citation and referencing protocols. This task assesses your understanding of the Business Law component of the course. It is based on content taught in Lectures 2-5 (and associated seminars). You are not required to, and should not, discuss other areas of law.
MY UNI (TURNITIN) SUBMISSION INSTRUCTIONS 1. Log on to MyUni. 2. Enter the course home page for Company and Business Law. 3. Click the Assignments tab on the left-hand column of the home page. 4. Click on the Business Law Assignment Submission Portal link and submit your paper via Turnitin in Canvas.
If you have an extension and the submission portal is closed for you for any reason, please email your completed paper to the Course Coordinator, Dr Franc de Zwart:
francesco.dezwart@adelaide.edu.au
QUESTIONS ON NEXT PAGE
ASSIGNMENT FACT SCENARIO
Alex is a recent graduate of the University of Adelaide Business School and is very keen to get a job as a graduate accountant. On 1 September 2022 he sends a text message to Mae who has her own accounting firm. The text from Alex states:
I am looking for a job as a graduate accountant. I have attached my CV (curriculum vitae) to this text. How much can I expect to earn?
Mae relies by text on the same day:
Your prospects look very good. I would pay you more than $40,000 per year as a starting salary.
Alex is excited and responds by text immediately:
Thats great, I accept the position!!
Mae also responds by text immediately:
Would you like a job as a graduate accountant for $45,000 per year? I only have one position. I will give you 2 days to think about it.
There is no response from Alex. It is still 1 September. So Alex goes away and think about the job.
The next day, on 2 September, Mae meets another graduate named Betty. Mae is so impressed with Betty that she offers a job to Betty as a graduate accountant on the spot and Betty accepts. They enter into a legally binding contract of employment on that day under which Betty will be employed as a graduate accountant and receive $50,000 per year for working a 40-hour week.
The next day, on 3 September, Alex posts a letter to Mae stating he will accept the position for $45,000 per year. The letter is received by Mae on 5 September.
On 4 September, Mae sends a text to Alex stating:
Im sorry Alex, I have given the job to someone else. Good luck finding another position.
Alex is furious as he believes he posted his letter within the time he was told he could think about the job.
QUESTION 1:Does Alex have a legally binding contract of employment with Mae for a graduate accountant position paying $45,000 per year?
(50 Marks)
Meanwhile, Betty commences her new position with the terms of the contract stating her position as a graduate accountant at a starting salary of $50,000 per year for working a 40-hour week.
For the first 3 months of her new job, Betty is given very simple jobs such as photocopying annual accounts, filing documents for the other accountants and printing out forms for the other accountants. Betty must also collect the mail and arrange for paying the bills and expenses of the business. And she is working very long hours, over 50 hours per week, as it is tax return time.
So Betty looks at her pay slips for the first 3 months and she is very disappointed to see that she is receiving only $30,000 per year. Betty immediately complains to Mae. But Mae tells Betty that the Office Manager had left his position suddenly and so Mae had to give Betty that job instead and the hours go with the job. Betty is furious.
QUESTION 2:Can Betty terminate her contract of employment with Mae and claim damages (compensation) from Mae for the unpaid wages?
(Note: In this question 2, you can assume Betty has a legally binding contract of employment with Mae with the terms of the contract stating her position as a graduate accountant at a starting salary of $50,000 per year for working a 40-hour week).
(50 Marks)
END OF ASSIGNMENT
