BUSINESS LAW

BCO125 BUSINESS LAW – Midterm & Rubrics

Description:

 Individual written task.

 Questions answered in order, numbered (1.a.) and in essay format. Do not use bullet points.

 Answer the following questions in a single document using the information given to you throughout the course and additional research.

 You must research and find the laws or regulations that correspond to the questions that you are answering from a UK law perspective.

 Apply Harvard in-text citations in the document.

1. Katharine is a professional dancer, but due to an injury she will no longer be able to continue dancing at the same level. She is seeking legal advice

on the possible business structures she can choose between if she decides to open a dance studio.

a. Advise Katharine on the legal requirements in the UK to set up as a sole trader as opposed to starting a general partnership with some other dancers.

b. You feel that Katharine should also know the pros and cons of a limited liability company.

a. Should Katharine decide to set up a limited company she needs to know the difference between ordinary, preference and redeemable shares. Explain what these are to her. Which do you consider would be most appropriate in her case?

2. Time has gone by and Katharine is running a successful business that has expanded to six dance studios and her students have won many international

dance prizes. So successful that she has been approached by a large dance studio network that would like to acquire her business.

a. Explain to Katharine what it would mean for her company to be acquired.

b. The other party lets Katharine know that they would also be interested in an equity joint venture project developing dance studios aimed at the over 60s. Advise Katharine as to the pros and cons of this type of business structure. Provide real life examples.

c. Explain to Katharine why you believe a merger would be a better option. Provide real life examples.

3. Katharine and the party interested in acquiring her company have entered into a pre-contractual agreement under which part of the purchase price was paid to Katharine. However, at the last minute Katharine decides she does not what to let go of her business. The acquiring company is threating to sue her for breach of contract.

a. Advise Katharine as to whether or not she may be sued for breach of a condition or warranty. Outline the effects of this.

b. Katharine would rather avoid going to court and so asks you to tell the other company that she is willing to try to resolve the matter by either conciliation or arbitration. Explain what this would actually entail and which you consider to be most appropriate and why.

Formalities:

 Word count: 1000 to 1500

 PDF Format

 Cover page, Table of Contents, References and Appendix are excluded of the total word count.

 Font: Arial 11 pts.

 Text alignment: Justified.

 You are encouraged to quote, laws, regulations, relevant publications, such as academic journals and books, case studies or business reports to support your arguments.

 To find relevant publications, you may browse through EBSCO (link is on Moodle) and/or Google Scholar, where you’ll find access to many publications.

 The in-text References and the Bibliography must be in Harvard’s citation style.

Submission: Week 7 – Via Moodle (Turnitin). Submission is due Week 7, 14 March before 23:59 (Barcelona time).

Weight: This task is a 30% of your total grade for this subject.

Outcomes: This task assesses the following learning outcomes:  Understand the role of law as a business and management tool.  Identify different issues and laws applicable in the context of doing business.  Examine the different legal approaches and legal tools available for the conduct of business.

Rubrics

Exceptional 90-100

Good 80-89

Fair 70-79

Marginal fail 60-69

Identification of main

Issues/Problems

25%

Identifies and demonstrates a sophisticated understanding of the main issues / problems in the case study

Identifies and demonstrates an accomplished understanding of most of the issues/problems.

Identifies and demonstrates acceptable understanding of some of the issues/problems in the case study

Does not identify or demonstrate an acceptable understanding of the issues/problems in the case study

Analysis and Evaluation of

Issues / Problems

25%

Presents an insightful and thorough analysis of all identified issues/problems

Presents a thorough analysis of most of the issues identified.

Presents a superficial analysis of some of the identified issues.

Presents an incomplete analysis of the identified issues.

Development of Ideas

and Opinions

25%

Supports diagnosis and opinions with strong arguments and well- documented evidence; presents a balanced and critical view; interpretation is both reasonable and objective.

Supports diagnosis and opinions with limited reasoning and evidence; presents a somewhat one-sided argument; demonstrates little engagement with ideas presented

Little action suggested and/or inappropriate solutions proposed to the issues in the case study.

No action suggested and/or inappropriate solutions proposed to the issues in the case study

Link to case law, legislation and

Additional Research

25%

Makes appropriate and powerful connections between identified issues/problems and legal concepts and legislation studied in the course; supplements case study with relevant and thoughtful research and cites all sources of information

Makes appropriate but somewhat vague connections between identified issues/problems and legal concepts and legislation studied in the course; supplements case study with limited research and citation of sources of information.

Makes inappropriate or little connection between issues identified and the legal concepts and legislation studied in the course; supplements case study, if at all, with incomplete research and citation of information.

Makes no connection between issues identified and legal concepts and legislation studied in the course; little to no research or documentation.