LAWS20029 – CORPORATE LAW TERM 3 2014 – ASSIGNMENT

| August 31, 2016

Question
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.

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