There are a range of decisions you will need to make, for legal reasons

| September 8, 2016



ASSIGNMENT (Assessment 2)

Part A: Short answer questions (15 marks)

Imagine you are about to start up a small business. There are a range of decisions you will need to make, for legal reasons, at certain steps of the set-up process. The following questions ask you about several decisions you would usually need to make if you were setting up a real business. While you are encouraged to think of your own idea for a business, and to be a bit creative here, this exercise does not require anything like a complex business plan or any financials. Importantly, the business does not need to be, and in fact should not be, a complex business or a large enterprise for the purposes of this assignment (this will not get more marks). It should however be tasteful / not offensive in nature. This exercise is intended to focus your attention on specific decisions that have a legal aspect, and to explain your reasoning in making those decisions to us in a clear and business-like manner. Do not simply copy the business described below in Part B.

Some suggestions that may be of help (and which you are quite entitled to use as a starting point) include:

· a retail shop (perhaps selling goods that relate to a hobby, sport or pass-time that interests you);

· a restaurant or cafe;

· a small business of a type you have some personal experience working in;


· an online business selling consumer goods through a website.


1. Briefly describe the small business you would like to start, (outline facts such as what type of business it is, what it sells, who might work there, where it is, etc). (2 marks – approx 120 words)

2. What type of business structure do you think would be the best one to adopt for the particular type of business you have described in question 1, above? (1 mark – suggest <10 words)

3. Explain why the business structure is the best one for this business. (3 marks – approx 150 words)

4. Write down a name you would like to give your business. (1 mark – suggest;”>

· Other internet resources may be used, provided they are reliable and reputable. Take care that internet sources are on Australian law.

· Other recent textbooks on Business Law (consult the Library catalogue).

Notes/advice: For the purposes of this letter you may invent the name of a lawyer or firm, ideally one that indicates the invented lawyer or firm is practising in the right area of law for this problem.

Referencing: Wherever you have taken an idea from another source, reference the source in a footnote to show support for the points you are making, and also to demonstrate the amount of research you have done.

Any direct quotes (words that are copied from another source and are not your own words) must be marked with quote marks, and the source must be referenced in a footnote.

Do not use endnotes for this assignment, only footnotes.

Citation style:Harvard style as per the Business School style requirements is acceptable for this assignment. However, if you are including references to cases or legislation, please use the following styles (the Acts and cases themselves are not necessarily relevant, they are only examples – note where the italics are and also the spacing and absence of punctuation):

Legislation: Copyright Act 1968 (Cth) s 36

Case: Grant v Commissioner of Patents (2006) 154 FCR 62; [2006] FCAFC 120

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