BM054-3-3-Company Law

I.

Individual Assignment

QUESTION

a) The decision in Salomon v Salomon was an outrage as it seemed to encourage a sense of

irresponsibility in the business community
Do you agree with the statement above?
(15 marks)
b) Dymanic Sdn. Bhd. was incorporated in October 2014. Prior to its incorporation, a few
contracts were entered into to set the company going by its appointed promoters. The
Memorandum of Association in Dynamic Sdn. Bhd. states that its object includes the
manufacturing of glasses and other business closely related thereto in the above. The
Board of Directors had in the recent Annual General Meeting passed a resolution for the
venturing of the companys business into trading of metal and housing development.
With references to the relevant cases and sections in the Companies Act 1965, advise the
following individuals in law and in person of the scenarios below:
i) Lorna wishes to argue that the business venture is ultra vires of the objects of the
company. Advise Lorna whether the above argument is possible.
(10 marks)
ii) A contract was entered into by Joe a promoter of Dynamic Sdn. Bhd. prior to its
incorporation. Advise the company as to the status of the contract entered into by Joe.
(5 marks)
II.

LEARNING OUTCOMES

This assignment will assess your ability to:

1. Address issues relevant to the conduct of companies;
2. Conduct directed research into rights and liabilities arising from affairs of companies,
particularly corporate personality and company constitution (M&A);
3. Analyse the given problem situation; and
4. Apply relevant legal authorities to provide appropriate solutions.
III.

INSTRUCTIONS

1. You are required to write in an essay format suitable for an academic report within the word
limit of 2,500.
2. References for answering the questions should include at least two (2) published Journals,
Company Law textbooks and a minimal reference of Internet resources.
3. Both in-text citation and general referencing using the Harvard Referencing system must be
adopted for this assignment.
4. Your essay must adhere to standard documentation requirements:
Font
:
Times New Roman
Font Size
:
12
Spacing
:
1.5
5. In the event the maximum word limit of 2,500 is exceeded, any part(s) of the answer in
excess of the word limit will be disregarded.
6. Please state your word count at the end of your answer. Citation and references, as well as
tables and appendices will not be considered as part of the word count.
Level 3

APU

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BM054-3-3-Company Law

IV.

Individual Assignment

ASSESSMENT CRITERIA

CONTENT: Acquisition of knowledge, relevance of answer, application of

concepts via reference to solid research sources

40%

ANALYSIS: Quality of analysis & critical evaluation, expansion of ideas,

ability to support views presented with proper reasoning

30%

LITERATURE REVIEW: Comprehensive review of selected academic

resources; able to apply literature to problem statement

20%

CONSISTENCY: Coherence and the construction of the answer; linguistic

competence; overall quality fulfils expectation of an effective academic report

10%

TOTAL

100%

V.

PERFORMANCE EXPECTATION

Marks are awarded based on the following guidelines:

Grade

Description of performance level

75% 100%

Mature and interesting evaluation, based on selected text and relevant legal
issues. Ideas and information presented are convincing & insightful, based on
reflective reading. Points are supported with valid explanation and sound
academic reasoning. Critical thinking reflected through the choice of research
and rigorous application of law. Flawless citation and referencing of sources.

65% 74%

Sufficient arguments were raised, supported with valid research & referencing
of academic sources. Arguments presented contain some critical analysis and
provides adequate insight into the relevant area(s) of company law. There is
adequate understanding of subject matter, with accurate application of law.

50% 64%

Basic requirements fulfilled with minimum understanding of selected text and

areas of company law, supported by reasonable range of academic sources.
Basic examples used to illustrate points. Weak arguments may appear in
answer. Explanations may be unclear/ unhelpful in clarifying points.

Below 50%

No understanding of the subject matter and fails to address the needs of the
question. Explanations are unhelpful, points are off-topic and are not related to
selected text or areas of company law jurisdiction. Citation and references are
either very limited or non-existent.

Level 3

APU

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