Skip to main content

In the context of corporate law, discuss the following statement and explain the fiduciary

Length:                         2,400 words[2]

Weighting:                    50%

Submission method:      turnitin

 

(i) In the context of corporate law, discuss the following statement and explain the fiduciary concept in detail:

“Since the decision of the High Court in Hospital Products Ltd v United States Surgical Corporation [1984] HCA 64, it has been accepted in this country that a fiduciary duty arises out of an undertaking, express or implied, by the person incurring such duty.”[3]

(ii) Discuss examples that demonstrate this fiduciary concept in each of the following areas, referring to case law and statute as necessary:

  1. The general law (as it relates to the formation of a company);
  2. A Partnership Act (in an Australian State or Territory); AND
  3. The Corporations Act 2001 (Cth).

Total (50 marks)

 

Please note the material on pages 8 – 11 of the Unit Information Guide regarding the Assessment.

 

Marking criteria

Important information:

Consider the following information carefully before starting the assignment.

 

The assignment will be marked according to the following criteria.

 

Research (40%)

This assignment requires a comprehensive review of the primary law sources (legislation, case law) as well as a review of secondary sources (for example textbooks, journal articles, case commentary, explanatory memoranda, Law Reform Commission reports). The research should clearly identify the relevant issues and legal principles and support the analysis.  In doing so, the work of others should be correctly referenced and appropriately acknowledged.

Analysis (50%)

The information gathered should be analysed to evaluate the relevant legal principles. The argument should be developed logically through clear analysis and application of the relevant legal principles to resolve the issue(s). This analysis should also:

  • integrate and evaluate relevant knowledge from the material covered in this unit
  • develop and sustain a concise and convincing legal argument through to a logical conclusion, and
  • importantly, answer the specific question asked.

 

Technical aspects (10%)

The paper should:

  • correctly reference and acknowledge sources.  Please note the reference system adopted in this assignment can be either theAGLC 3 (Australian Guide to Legal Citation 3rd ed) or the Harvard referencing system. The referencing system adopted must be used correctly and consistently;
  • use fluent, clear, concise writing that contains clear expression, correct grammar, syntax, sentence structure and spelling; and
  • use headings and subheadings (where appropriate), an introduction, conclusion and bibliography or reference section.

 

STRUCTURE

(i) In the context of corporate law, discuss the following statement and explain the fiduciary concept in detail:

“Since the decision of the High Court in Hospital Products Ltd v United States Surgical Corporation [1984] HCA 64, it has been accepted in this country that a fiduciary duty arises out of an undertaking, express or implied, by the person incurring such duty.”[3]

(ii) Discuss examples that demonstrate this fiduciary concept in each of the following areas, referring to case law and statute as necessary:

  1. The general law (as it relates to the formation of a company);
  2. A Partnership Act (in an Australian State or Territory); AND
  3. The Corporations Act 2001 (Cth).

Introduction (450 words) part(i) fiduciary duty
Importance
Problem
Thesis (a, b, c)

Intro(topic) (550 words) (General law)
1.
2.
3.
Concluding sentence

Topic sentence (parnetship act[section] + law cases (550 words)
1.
2.
3.
concluding sentence

Topic sentence (Corporations act[section] + law cases (550 words)
1.
2.
3.
concluding sentence

Conclusion ( 300 words)
thesis
restate supporting
final thought

Eg. Case law: [3] Oliver Hume South East Queensland Pty Ltd v Investa Residential Group Pty Ltd [2017] FCAFC 141 [33] (Dowsett J).

 

The post In the context of corporate law, discuss the following statement and explain the fiduciary appeared first on My Assignment Tutor.



Logo GET THIS PAPER COMPLETED FOR YOU FROM THE WRITING EXPERTS  CLICK HERE TO ORDER 100% ORIGINAL PAPERS AT PrimeWritersBay.com

Comments

Post a Comment

Popular posts from this blog

Identify and discuss a key milestone in the history of computers that interests you and why.

  Part 1Title: Lab ResponseDiscuss one feature of MS Word and one feature of MS Excel that you found challenging within the lab and why. Examples are WordArt, inserting shapes, adding borders, cell styles, etc. This response should be at least one paragraph in length. Part 2Title: History of Computers Identify and discuss a key milestone in the history of computers that interests you and why. This section should be at least one paragraph. Part 3Title: System Software vs. Application Software In your words, explain the difference between application software and system software as if to another coworker who has limited technical knowledge. Use examples to support your rationalization. This section should be at least two paragraphs. Part 4Title: Blockchain and Cryptocurrency In a minimum of one paragraph each: 1. Conduct some research on the internet and discuss one underlying technology of cryptocurrencies like blockchain, cryptography, distributed ledger technol...
Post a Comment
Read more

Cybersecurity and Infrastructure Security (CISA)

 Develop a research paper that identifies a specific Department of Homeland Security (DHS) operating agency. Fully describe 1 DHS operating agency from the following list: Cybersecurity and Infrastructure Security (CISA) U.S. Customs and Border Protection (CBP) U.S. Citizenship and Immigration Services (USCIS) Federal Emergency Management Agency (FEMA) U.S. Coast Guard (USCG) U.S. Immigration and Customs Enforcement (ICE) U.S. Secret Service (USSS) Transportation Security Administration (TSA) The information must include a discussion of the selected DHS agency. Identify the agency’s mission, goals, objectives, and metrics. Conduct an analysis of how these mission areas address the threats or challenges. Recommend agency program priorities among the current set of goals, objectives, metrics, or budget items. Justification of all choices is an essential element of this assignment. Reference all source material and citations using APA format. WE OFF...
Post a Comment
Read more

Discuss how the project

ord count : no idea 1. You are required to write a report on all project activities involved in all the 10 knowledge areas of project management for the entire project life cycle. You should also include a list of the respective PM documents, for example PM Plan, PM Quality Management Plan, Risk management, Procurement, etc. The report must include the activities that are considered before the project is closed out. 2. Discuss how the project quality management plan can provide adequate standards and controls in managing global teams in projects. Your discussion must provide adequate arguments for the need of cultural awareness and legal issues. Regards, The post Discuss how the project appeared first on My Assignment Tutor . Assignment status :  Resolved by our Writing Team Source@ PrimeWritersBay.com GET THIS PAPER COMPLETED FOR YOU FROM THE WRITING EXPERTS   CLICK HERE TO ORDER 100% ORIGINAL PAPERS AT PrimeWritersBay.com NO PLAGIARISM
Post a Comment
Read more