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. Tim is considering formally setting up a packaging and storage company for retail goods. He has been working from home up until now, but despite the

pandemic interest has been so high that he is looking at the different business structures he could use

a. Start by explaining the steps he would need to take to become a sole trader and the advantages and disadvantages.

a. Tim has a friend who has been helping him over the past few months that might be interested in going into business with him. As such, you need to advise them on the difference between a general and limited liability partnership to help them understand which would be a better option for them.

b. Tim may also be interested in setting up a limited liability company. Advise him of the process to have a registered company in the UK, and the pros and cons of the different kind of shares that could make up the share capital?

2. Time has gone by and Tim is running a successful business. He has been approached by a competitor (Susanne) who suggests that they merge in order

to have a larger share of the market. Tim needs some advice on this area.

a. Outline the main synergies Tim should consider in deciding whether to enter into the merger agreement. Provide real life examples. b. What steps will Tim and Susanne have to take in order to carry out the merger?

c. Highlight the negative characteristics that may lead to the failure of the merger. Provide real life examples.

3. Tim and Sally merged companies and expanded into Asia. Following a series of business deals it has come to light that Sally neither has the contacts nor business structure she led Tim to believe and upon which their agreement was made. Tim would like to walk away f rom the agreement.

a. Advise Tim on the difference between him making a claim for a breach of a condition or warranty.

b. The dispute resolution clause in the merger agreement established that any disputes would be resolved via arbitration. Outline the commercial arbitration process under UK legislation.

c. Imagine that instead of a merger Sally’s company wants to acquire Tim’s company. What does this imply and how might they carry out the acquisition? Provide real life examples.

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 /blocked.

 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.