Sole Trader
Sole Trader
Referencing |
The majority of Law units require students to submit an assignment during a teaching period and undertake an examination at the end of the teaching period.
Assignments
Style checklist for assignments
You must ensure that your assignment:
- Commences with the following information – student’s name, student number, the assignment topic (e.g. ‘LAW100 Assignment 1’) and a computer word count. There is no need for a title page.
- is double or 1.5 lines spaced.
- is presented in text that is at least 11 point; the type-face in the footnotes is at least 10 point. An easy-to-read font is recommended e.g. Lucida Sans or Times New Roman.
- has page numbers at the top of each page.
- has a left-hand margin of 5cm and a right hand margin of 2cm.
- has been referenced in accordance with the Australian Guide to Legal Citation
(3rd ed, 2010).
Word length and penalties
Students are liable to a penalty if they exceed the maximum word length stipulated for an assignment even if only by a few words. The penalty is 5% of the total marks allocated to an assignment for every increment, or part thereof, over the word length. The ‘increment’ is one-tenth of the maximum word length. For example, consider an assignment with a maximum word length of 2000 words and the student wrote 2,300 words and would receive 15 out of 20 if no penalty were applied. The student has exceeded the word length by more than one increment – the first increment is exhausted at 2,200 words. Therefore, the penalty would be 10 percent. The student would receive 13 out of 20 for the assignment.
The word count excludes all footnotes unless some footnotes go beyond providing references and instead contain discussion. The word count also excludes any bibliography.
Referencing
Your assignment must be referenced in accordance with the Melbourne University Law Review Association Inc., Australian Guide to Legal Citation (3rd ed, 2010).
(Note: Students who are unable to access reports of cases in hard copy may use references to reports which are available on the internet. In those cases, instead of page numbers, paragraph numbers should be used.)
Turnitin
UNE uses a software application to determine the originality of assessable work submitted by its students. This software is called Turnitin and it is part of the online submission process. However, again note that scanned PDF documents are not able to be read by markers using online marking technologies.
In order that you may use Turnitin as an educative tool, the online submission process provides you with the option to submit your assignment to Turnitin for checking before you submit it for marking. This is called the ‘Self check’ option and is on a separate Moodle site to your Moodle unit, please see instructions here. Once you are satisfied with your report, you must go back to your Moodle unit and submit your assignment.
When a file is submitted to Turnitin, the software compares the text in the submitted files with text from a range of electronic sources including online journals, online databases, the Internet and the Turnitin database. Any strings of text that occur in both the submitted document and in one or more of the electronic sources are identified by the software with a unique number and colour in what Turnitin calls the ‘originality report’.
Turnitin Scores
The software does not pay attention to whether or not you have provided a citation, thus it is possible to have a reasonably high ‘score’ and no problem in terms of plagiarism if your sources are properly cited and quotations are properly indicated. As Turnitin does not check against all possible sources, and only seeks verbatim word matches, a low score does not necessarily show that your material has not been taken from elsewhere. As Turnitin is a very ‘rough and ready’ measure in this way, there is no acceptable or unacceptable ‘score’. If you have a high score – say 20% or more – it is worth checking your paper to ensure firstly that you have provided references to your sources and secondly that your work is your own, rather than just a string of quotations. Clearly, as the software checks your submission against other students’ submissions, it is foolish indeed to copy another student’s paper, it will be detected very easily and severe penalties can apply to both parties.
Note that when you use the ‘self-check’ option for Turnitin and when you first submit your paper, it has not been checked against other student papers. Thus, there will usually be a difference between the score you see initially and the final score visible to the unit coordinator. As students often use similar sources, there is invariably some overlap between assignments that will increase the Turnitin score.
Your lecturer’s focus will be on whether you have provided appropriate citation and appropriately marked your quotations. He or she will thus always ‘look behind’ a Turnitin score, whether low or high. Therefore, your focus in your writing should be on providing citations for all material you take from other sources, whether quoted or not, and on marking quotations appropriately (either with quotation marks or an indented paragraph for longer quotations), rather than on what the Turnitin score is. For example, slightly rearranging words or altering the words you find in your source may bring down the Turnitin score, but will not remove the need to provide a citation.
1 University of New England LSSU451: Legal Studies Trimester 1 2016 Assessment 1 Due date and submission time: 11.59 pm AEST on 7 April 2016 Overview You must answer ALL parts. The word limit for the whole assignment is 4,000 words. The total marks available are 40, representing 40% of the total unit assessment. Please note that the word limit includes headings and quotes, but not footnotes and bibliography. You may be penalised if you exceed the word limit. Please review ‘Assessment 1’, ‘Notes on the Assignment’, ‘A Guide to Answering Legal Problems’ and ‘Marking Criteria’ sections in the study guide. Assessment 1 Question Question 1 – (20 marks. Suggested word limit 2,000 words) Virat is aware that you are studying LSSU451. Virat approaches you for advice on what is the most suitable business structure for him to set up in New South Wales. Virat is a butcher by trade. He recently quit his job to start his own business. Virat is particularly concerned about personal asset protection because he has seen some businesses sued and the business owner lost their house. He does not have much capital to start the business and as consequence would have to borrow the funds or seek investors. His wife is a qualified bookkeeper and has previously worked in retail. He wants his wife to be involved in the business in some capacity. Moreover, when his son finishes high school in a few years, he wants to bring him into the business as well. He wishes to be able to split the income of the business between himself and his wife, and later his son, to manage his taxation liability With reference to Virat’s priorities, compare and contrast sole trader, partnership, and company structures. Do not discuss limited or incorporated partnerships. 2 Question 2 – (20 marks. Suggested word limit 2,000 words) Li collects vintage cars. She saw an advertisement for a 1908 Model-T Ford motor car, which was described as being from the first production run with serial number 000002 for $100,000 (one hundred thousand dollars). A first production run Model-T Ford is highly collectible and is worth approximately $1,000,000 (one million dollars). The seller was located in Sydney and Li could not make it to Sydney from Armidale so she asked the seller, James, to email her some photos of the car. The car was in fact, a 1927 Model-T Ford with serial number 5465387. James knew the car was not a 1908 model. He thought its market value was only $50,000 (fifty thousand dollars). However, unbeknownst to James, the car is quite valuable because it came from the last year of production and was one of the last Model-T Fords to be produced. James realised Li was knowledgeable about motor cars, and so he photo-shopped photos of the car to make it appear to be a 1908 model, and emailed the photos to her. James asked her to sign a contract for the purchase of the car for $100,000 (one hundred thousand dollars), to be paid on delivery. Li signed the contract and returned it to James who also signed it. James delivered the car to Li in Armidale the next week. Upon seeing the car, Li immediately realised it was a 1927 model and not a 1908 model. She became very angry with James and shouted that nothing was as he had promised. As James stood there wondering what to do, Li googled the 1927 model on her phone. She saw that while the car in front of her was not worth $1,000,000 (one million dollars) it was still a highly valuable and sort after car. With reference to legal authority: a) Briefly explain to Li what a contract is and how a contract is formed. b) Briefly explain to Li what enforceability is. c) Can Li get out of the contract if she wants to? d) Can James get out of the contract if he wants to?
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