Luke, David, Marcia and Rosie are setting up a business

Coursework – Individual Assessment

Luke, David, Marcia and Rosie are setting up a business teaching karate in the Newport area of South Wales. They wish to form a private limited company. They each have £10,000 to invest in the company. They would all like to be directors as well as equal shareholders of the company. They plan to call their company ‘Newport Karate Limited.’

They would like advice on the following issues. Where appropriate, you should support your answers with reference to statute and case law.

• Outline what they would need to do to form the company. Your answer should include an explanation of: any necessary documents; what the fee(s) would be; and when the company would company come into existence.

• Explain concisely how your clients would make decisions in their capacity as directors.

• Explain concisely how your clients would make decisions in their capacity as shareholders.

• Six months have now passed since the clients’ company was formed. The karate classes are fully subscribed. Yesterday, however, the clients became aware of another company, called Newport Karate Club Limited, which is running karate classes in the same area. Newport Karate Club Limited was formed two weeks ago. The clients are worried that they may lose business to it. Advise them whether there are any legal steps they could take in response.

Assessment Instructions

Please read the following summary of your instructions carefully:

1. This assessment must be your own individual work. You must not discuss or collaborate with other students.
2. Answer all
3. All questions carry equal marks. Give reasons for your advice and support it with statutory references and, if relevant, case law.  You should use the UWE Harvard referencing system. Please include a full list of references at the end of your work.
4. The word limit is 1,500 words (maximum). You do not need to use the full amount available; you should aim to complete your answer in 1,000 words.

1. Please read carefully the following instructions about formatting:

1. 1. Please answer the questions in the order in which they appear, indicating clearly where your answer to each question starts and ends. There is no need to write an introduction at the start – just get on and start answering part (a). You do not need to write an email or letter to the client.
   2. You do not need to write the same number of words to answer each question.
   3. All work should be word processed in 12-point font Times New Roman or Arial and double spaced.
   4. Coursework should be submitted online using the format of Microsoft Word (.doc / .docx) as the electronic file type. Please do not submit your work as a PDF file.
   5. Please ensure that you provide the following details on the first page of your coursework:

• Student number (not your name)
• Module name and number
• Title: ‘Business Law Coursework’
• Word count. (This should include everything within the main body of your text but not the list of references at the end.)

These instructions are expanded below: please read the following information carefully too.

Learning Outcomes

This assessment tests your ability to:

• Describe and illustrate an outline of the legal rules and regulations relevant to business organisations with particular reference to companies
• Show an understanding of the interplay between legal rules, as they apply to the operation of business, and business organisations
• Analyse and solve problems with a legal element
• Evaluate the interplay of business and legal considerations applicable thereto
• Find and apply the appropriate legal principles in order to identify the relevant facts of a problem

Assessment Criteria

The coursework will be marked as a whole in line with the Law School’s General Assessment Criteria; you can find a copy on the module Blackboard site, in the “Assessments” folder. Note that it is the overall level of engagement and knowledge displayed that will be marked, in a holistic manner, rather than awarding points for individual sections. Each part/section counts “the same” – there is no percentage attached to each part/section. Rather, we are looking for consistency in application and the ability to cross-reference knowledge between the individual parts, where applicable.

As students of this module, guidance and tuition will have provided you with relevant information and background knowledge to complete this assignment.

Formative feedback and support during the module

Formative feedback provides opportunities to reflect on your ongoing work and preparation for your assignment.

Further information about this assessment is available on the Blackboard site in the ‘Assessments’ folder.

In addition:

• In order to prepare for this piece of Coursework, you may find it helpful to revisit your work on the first five Study Units, particularly the exercises we have done in the workshops.

Formatting

All work should be word processed in 12-point font Times New Roman or Arial and at least 1.5 spaced/double spaced. Please include a full list of references at the end of your work.

Coursework should be submitted online using the format of Microsoft Word (.doc / .docx) for the report. We cannot ensure that other formats are compatible with markers’ software. In particular, please do not submit your work as a PDF file as this makes it much harder for us to mark.

Your marks will be affected if your tutor cannot open or properly view your submission (for example, if you did not follow instructions on acceptable file formats).

Please ensure that you provide the following details on the first page of your report:

• Student Number
• Module Name and Number
• Title: ‘Business Law Coursework’
• Word Count

Word Limit

The maximum word limit for this coursework is 1,500 words. You do not need to use the full amount available; you should aim to complete your answer in 1,000 words.

• There is no +/- 10% on word count and anything after the maximum word count will not be marked, in line with UWE Bristol’s Word Count Policy.
• In line with UWE policy, this word count includes everything in the main body of the text (including headings, tables, citations, quotes, lists, etc.).
• The list of references at the end of your work is NOT included in this word count. However, your in-line references ARE
• The word count needs to be clearly and correctly stated on the title page of the assignment. Incorrectly understating the word count constitutes an assessment offence and may result in further action.

Referencing and Assessment Offences

Please ensure you reference all sources used when developing your assessment, using the  Harvard system. Students should also be aware that as Harvard is an ‘in-text’ system, their in-line references form part of the overall word count for the piece.

Failure to properly reference your work to original source material can be grounds for the assessment offence of plagiarism and may result in failure of the assessment or more serious implications.

Assessment Offences Policy outlines potential offences and it is your responsibility to understand this policy and avoid potential offences. Details of what constitutes plagiarism and how to avoid it can be found on Study Skills pages about avoiding plagiarism.

Text-matching software (e.g. SafeAssign) is used to check every submission against other submissions made at the same time, previous submissions to UWE and other universities, and internet sources. We may also manually search for matches. When submitting your work, you will be required to confirm that the work is your own.

It is an assessment offence to:

• copy work from any source, including your own previous assessments, and present it as your own work for this assessment, or to provide your own work to others
• to work with others on the assessment in any way, or for anyone to make amends on your work (including proof-readers, who may highlight issues but not edit the work)
• change individual words but keep, essentially, the same sentences and/or structures from other sources: this will be detected by text-matching software. Please write in your own words and style to convey your own learning.

Instructions for submission

You must submit your assignment before the stated deadline by electronic submission through Blackboard. Notification that the electronic submission portal is open for your assignment is displayed (usually two weeks before the submission date) in the Coursework tab in, the Coursework tab in Blackboard and via an announcement in the Blackboard course.

Please allow sufficient time to upload your assignment, as the system becomes busier and slower as the deadline approaches. Only your final upload will be counted. Ensure all your information is submitted at one attempt to avoid overwriting your intended submission. Always check and retain your receipts.

Submissions of coursework by any other method (including a paper copy, on disk or by email) are NOT permissible for this module unless specifically agreed in advance of the submission date.

Before submitting your work, please ensure that:

• You have proof read your work thoroughly to ensure your work is presented appropriately
• You have addressed all the required elements of the assessment
• You have referenced in accordance with the guidance provided
• You have addressed each of the marking criteria
• The submission is in the correct format
• This assessment has a three day grace period in which students can submit their work without penalty. While students are expected to plan their work so that they are not impacted by minor illness or delay, if you experience difficulties which affect your ability to submit your work at the published deadline the University allows a three day grace period in which you can submit your work without penalty for this type of assessment. Please note that the submission deadline at the conclusion of the three day grace period is absolute and based on UWE server time, therefore you are strongly advised to submit work well ahead of the deadline dates to avoid your work not being accepted for marking.

Final feedback and marks release

Students will normally receive marks and feedback on their submission within 20 working days of the submission deadline plus the 3 day grace period (not including public holidays or university closure days). Any delay in returning students’ work will be communicated by the module leader via Blackboard.

Feedback on this module is not limited to the written comments you will receive on individual written assessment submissions.

Feedback and marks for this module will be available by the date specified at the top of this document. For further guidance on feedback, please refer to the module handbook.

Specific study skills pages relating to this module include:

• Reading and note taking
• How to plan and structure your writing
• Writing skills
• Further research skills / techniques
• How to write critically
• English language support
• Referencing