Discuss how human rights, the rule of law or democracy come into relevance within the context of the United Nations -War and peace
1. Explain the application of the opt-out provision provided for collective action under the Consumer Rights Act 2015 and critically analyse whether the introduction of the opt-out provision under the Consumer Rights Act 2015 has provided the necessary protection to the consumers and led to the UK adopting a US-style ‘collective action’ culture.
The fair and equitable standard gives modern expression to a general principle of due process in its application to the treatment of investors and [the standard] encapsulates the minimum requirements of the rule of law.” Critically discuss by making reference to relevant case law.
Prepare this report on the legal issues arising from the scenario where there is a delay in construction works involving a JCT contract. This should address the requirements outlined and be fully and appropriately referenced. Legislation and case studies should be used throughout.
Outline the:
Outline the:
Outline the:
[5 marks]
Identify as examples at least two statutory references
[5 marks]
http://www.abc.net.au/radionational/programs/lawreport/hot-tubbing/3137260#transcript
Students need to identify:
[1.5 marks]
[1.5 marks]
[2.0 marks]
Students need to identify:
[10 marks]
QUESTION 1
The Hayne Royal Commission was critical of the role of industry regulators, ASIC and APRA. In the Commission’s Final Report (https://financialservices.royalcommission.gov.au/Pages/reports.aspx), Hayne argued that ASIC’s enforcement culture needed to change.
In no more than 1000 words, explain your views concerning the effectiveness of ASIC as a corporate regulator and enforcer of the Corporations Act 2001. Your answer should carefully consider the enforcement methods available to ASIC under the Act and may take into consideration additional resources, especially relevant legal academic journal articles and case law. (20 marks).
QUESTION 2
Lew is the managing director and major shareholder of Fruitiest Fruit Ltd. (FF) a company that sources and sells gourmet preserved fruits. During his recent holidays, Lew attended a food festival where he met up with other food producers and manufacturers, including Alice. Alice has a range of orchards and specialises in growing cherries and blueberries. She approached Lew and asked him if he would help her market her new line of frozen cherries and berries. Lew told her that FF would not be interested as they had shown only vague interest in diversifying into frozen fruits in the past. However, Lew suggested that he and Alice form a private company and nominate themselves as directors, and Alice agrees. They set up a company called Beny Good Berries Pty. Ltd. (BGB) and have considerable success.
Ten months later, at a Board meeting of FF, Lew proposes that FF enter into a long term contract with BGB, marketing their products. Lew convinces the board that diversifying into frozen foods would be good for FF, and the Board voted in agreement. Sales progress well. Lew never disclosed that he is a shareholder or director at BGB.
Later the Board of FF is surprised to discover that Lew is the majority shareholder and a director of BGB and they think they should take some action against Lew, but they are notsure what to do and what they could achieve.
Using relevant legislation and case examples to support your arguments, discuss whether or not the board of FF has any reason to take legal action against Lew and if they are likely to be successful if they do. (20 marks).
Conduct a critical analysis of the two laws highlighted pertaining to ADHD. Note, you should do an independent analysis of the two laws separate from the comparison provided on the website.
‘Enhancing shareholder powers cannot improve corporate governance if shareholders do not wish to exercise their powers’. Critically evaluate the capacity of shareholders to participate in the governance of their corporations, making specific reference to the UK Corporate Governance Code.Students will be assessed on the following criteria:
• The structure of the work so that statements, arguments and conclusions flow coherently and logically (LO3)1
• Evaluation of the relevant legal and non legal issues and arguments (LO2)
• Communication in good English (LO5)
• Critical analysis of the relevant issues and arguments in the area, identifying and evaluating competing perspectives whilst showing an awareness of present-day topical issues and new concepts (LO2)
• Presentation of the law within its wider context (LO2)
• Critical and creative reflection on the material used and conclusions reached; (LO3)
• Depth and breadth of research, with the ability to judge the significan
Listen to the podcast by the Institute for Social Justice on Sharing Parental Leave and critically analyse the issues covered in the podcast.
Ensure that you use relevant legal legislations and case law in your analysis.
This assignment requires you to research the area of family friendly rights and analyse the effectiveness of the law on shared parental leave. You will need to clearly identify and discuss challenges of shared parental leave.
The focus of the task is on your ability to research an area, engage with primary and secondary materials and make a reasoned and coherent argument in support of the conclusion you reach.
Ensure your assignment has a clear structure; a beginning, a middle and an end. Your introduction should make clear that you understand the task and set out how you intend to approach it.
You need to get across that you have engaged with key cases and journals. These are also very helpful to you as they will summarise and explain the relevant law in one place and signpost you to other materials that may be useful.
In your conclusion you should summarise your findings and set out clearly whether the law should be reformed. Your conclusion should flow logically from your discussion of the materials you have reviewed.
Assessment brief and instructions
You should address the following question:
“As law firms have grown in size and reach, and as institutional clients have adopted the practice of engaging lawyers from a variety of firms on a case-by-case rather than a general retainer basis, the rule has become increasingly out-of-touch with the realities of modern law practice”.
Daniel Bussel, ‘No Conflict,’ Georgetown Journal of Legal Ethics (2012)
Critically assess whether the law relating to conflict of interest needs to be amended.
Assessment brief and instructions
You should address the following question:
“As law firms have grown in size and reach, and as institutional clients have adopted the practice of engaging lawyers from a variety of firms on a case-by-case rather than a general retainer basis, the rule has become increasingly out-of-touch with the realities of modern law practice”.
Daniel Bussel, ‘No Conflict,’ Georgetown Journal of Legal Ethics (2012)
Critically assess whether the law relating to conflict of interest needs to be amended.
Points to note:
Assessed intended learning outcomes
On successful completion of this assessment, you will be able:
Knowledge and Understanding
1. To understand the relevant rules and issues governing the relationship with the client in the context of the principles relating to confidentiality.
2. To understand more of the relevant professional requirements of client care communications.
3. To demonstrate a knowledge of the dangers facing lawyers who breach confidentiality principles.
Practical, Professional or Subject Specific Skills
1. To be able to apply the duties relating to confidentiality in practice in a legal context.
2. To recognise the risk for lawyers in potential, practical confidentiality situations.
3. To identify the necessary steps to be taken to avoid liability in confidentiality matters.
Transferable Skills and other Attributes
1. To demonstrate the ability to write in a clear and unambiguous manner using correct terminology.
2. Structure opinions on client care issues in a legal environment that are objective and ethical.
3. Ability to write a concise and comprehensive report on a key issue facing organisations.
4. Analytical and problem-solving abilities.
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