LAWS20029 – CORPORATE LAW

LAWS20029 –
CORPORATE LAW
TERM 3 2014 – ASSIGNMENT

Marks: 30% of theoverallassessmentfor
thecourse
Submission: Onlinevia
Moodle
Format: One file
in .docor .docx (MSWord)
format.
Submissions
in anyother file format(e.g.
.zip) willbe treated
asa non-submission.
Due date: 11.45pm,
11 December 2014 (Week 6)
Word limit: Word limits are set
out for each question
(The
marker willstop readingafter the
limitis
reached).
Extensions policy:
The
university policy on extensions of time will be strictly enforced. Extensions of time will only be considered if
made via the online system and usually must be based on medical or
compassionate grounds. Any extension
application should be made before the time limit for the submission has
passed. Medical conditions must be
supported by a medical certificate, and since students are expected to start
the assignment early, temporary or last-minute conditions are not an automatic
ground for an extension. Professionals
are expected to organise and manage their time to meet their obligations, so
work or personal commitments are usually insufficient grounds for an extension.

Plagiarism:
The
university’s plagiarism policy will also be strictly enforced (and in the past,
plagiarism incident reports have been issued in this course). If plagiarism is found, a likely result will
be zero marks.

THE
ASSIGNMENT DETAIL IS ON THE NEXT PAGE

Facts:
Joe
is a taxi driver. He reaches an
agreement with Ann, who owns a taxi, on these terms:-
•
At times to be agreed, Joe can pick up the taxi
from Ann, who will deliver it with a tank full of fuel, in a clean condition
and in proper repair.
•
Joe can then drive the taxi for profit-making
purposes for a maximum 12-hour shift, charging standard taxi rates, and using
the radio system which Ann pays for at her own expense.
•
During the shift, Joe will be entitled to buy
petrol for the taxi out of the takings from the taxi fares.
•
Joe must return the taxi to Ann no later than
the 12-hour limit, in a clean condition and with the fuel tank full.
•
The balance of Joe’s takings (after fuel costs)
will be shared between Joe and Ann 50/50.
•
Ann will be responsible to pay for all other
expenses of running the taxi, including taxi licence renewals, repairs and
maintenance, insurances, etc.

Question 1 (15 marks – maximum 1000 words)
Provide a legal
argument for why this is NOT a partnership under the Partnership Act 1891 (Qld).

Question 2 (10 marks – maximum 600 words)
Apply the “three certainties”
to demonstrate why this agreement does NOT create a trust.

Presentation (5 marks)
A
mark between 0 and 5 is available for the professional qualities of your
work. It includes things like: structure
and formatting with consistent headings, fonts and page numbering;
spell-checking; logical flow of explanations; conciseness and relevance;
general readability. Your answers must
be expressed in your own words. You will
not receive marks for copying slabs of text with no attempt to summarise.