This assessment is to be completed individually. It is worth 25% of the total marks for
MLC101. The Research Paper is marked out of 15 marks and the in-class test out of 10
marks. That represents a total of 25 marks and 25% of your overall assessment in MLC101.
The test part will be conducted during class time in week 8 and will be submitted in class.
Learning Outcomes
5. Understand the key features of various business organizations, including explaining and applying the rules of law regarding the potential liability of agents, companies, and partnerships.
6. Understand, explain and apply the rules of law in relation to contract law, business organisations including agency, partnership and company law, and, civil liability, focusing on negligence law.
7. Demonstrate the ability to read and critically evaluate the principles of law taught in this unit.
8. Explain relevant law and use the IRAC methodology for legal problem solving;
9. Use appropriate digital technologies to search, retrieve and apply relevant information to law for commerce.
RESEARCH PAPER QUESTIONS – CORPORATIONS LAW
TOPIC -– DIRECTORS’ DUTIES, Corporations Act 2001 (Cth)- (approx. 1200 words)
a). Should directors and other officers of a company exercise their duties with ‘due
care and diligence’? Does the ‘business judgment rule’ protect them if their
decisions are not in favour of the company?
b) Explain the duty of directors to “act in good faith and for a proper purpose” and
“duty to disclose all material and personal interest”.
c) Explain the directors’ duties to ‘not to misuse their position’ and ‘information’ to gain an advantage or cause damage to the company.
d) What are the remedies (civil & criminal liability) available under the Corporations Act 2001 (Cth) for breach of directors’ duties?
Provide the relevant sections of the Corporations Act 2001 (Cth) and cite a minimum of one case example for each section to support your discussion.
INSTRUCTIONS
• You are to research these areas of law/rules of law in your own time, outside of class time, and prepare a Research Paper. You are to submit your Research Paper online on Monday 20th August 2018 (see instructions below). You are then to print off your Research Paper and bring it to class for this test in week 8.
• In class, in Week 8, you will be given a fact-based question/s where you will need to apply the researched areas of law to a set of facts. This test will take place in your own class in Week 8. You are to use the rules of law researched, in your Research Paper, to answer the test. You are not to use any other materials, books or notes during the test. You are not permitted to use the textbook during the test.
NOTE: electronic devices are not permitted. This means no mobile phones, electronic translators, electronic notebooks or laptops.
• You will be allowed 5 minutes reading time and 20 minutes to complete the test in class in Week 8.
• The in-class test will develop your understanding of how to apply legal principles to legal problem questions and your writing and analysis skills.
IMPORTANT NOTE – you can only sit a test in your own class. You cannot