You are a Barrister working from the Chambers of Clive Reader KC, in Temple, London. You have been instructed on a direct access basis by your lay clients, Messrs Eaton & Thomas,
This Assessment Pack consists of a detailed assignment brief, guidance on what you need to prepare, and information on how class sessions support your ability to complete successfully. You’ll also find information on this page to guide you on how, where, and when to submit. If you need additional support, please make a note of the services detailed in this document.
We wish you all success in completing your assessment. Read this guidance carefully, and any questions, please discuss with your Module Leader.
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For this assignment you are permitted to use software to help with grammar, syntax and spelling e.g., Grammarly and Word Editor. You CANNOT use content-generating software such as ChatGPT where the programme attempts to write the answer.
You should also be advised that if you are found to be using a content-generator such as ChatGPT for your submissions, your work will be flagged for academic misconduct.
Preparing for your assignment:
The learning outcomes tested on this assessment, how to demonstrate them and their weightings for marking are set out below.
The marking criteria is also set out below.
Additional reading is accessible via Blackboard and via independent research.
Assessment Brief and Instructions:
You are required to answer the problem question set out below and submit your answer as a video recording with PowerPoint, in a single file upload, by a date To Be Advised.
You will need to apply the law accurately and support your analysis with primary and secondary sources.
The time limit for this assignment is 20 minutes (there is no % tolerance permitted).
Please submit via Blackboard as will be instructed.
You should include appropriate footnotes and a bibliography within your PowerPoint slides (but these do not count towards your word count).
All citations to cases, statutes, books, journals, and websites used (with the date last accessed specified) must be fully referenced using the OSCOLA style reference guide.
Declare the word count honestly and accurately on the e-cover sheet. Anything beyond the agreed word limit will not be read.
Presentation Task:
You are a Barrister working from the Chambers of Clive Reader KC, in Temple, London. You have been instructed on a direct access basis by your lay clients, Messrs Eaton & Thomas, who wish to enter into business together to buy, sell, and maintain specialist domestic fridges in and around West Lancashire.
Both Mr Eaton and Mr Thomas have been operating as sole traders for the past 5 or so years. Mr Eaton is an expert salesman with extensive knowledge of the specialist cold storage market. Mr Thomas is an experienced maintainer of fridges; he is qualified to specialist fridges in homes.
Messrs Eaton & Thomas instruct you jointly to advise them on which type of corporate structure would be most appropriate for them to adopt in order to go ahead with their new business venture.
Your lay clients are particularly interested in the benefits of incorporation but are keen to retain much of the flexibility that they have enjoyed as sole traders. Their business is to be profit making and they wish to split their profits 50/50. They anticipate needing to hire employees, and also, wish to be protected from actions against them personally. They anticipate a need to own a workshop and will need a mortgage to do so.
Create and deliver a presentation to Messrs Eaton & Thomas explaining to them the benefits and drawbacks of each of the following corporate structures, by reference to their proposed business venture. Assume that your lay clients will view your recorded presentation asynchronously:
- Carrying on as two, separate, sole traders
- Entering into a Traditional Partnership
- Entering into a Limited Liability Partnership
- Forming a Limited Company as co-directors
Module Learning Outcomes (from Module Descriptor):
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1. |
Distinguish different types of business media and explain the significance of the quasi-partnership with reference to a given set of facts. |
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2. |
Explain and apply relevant company law principles to a given fictitious scenario in order to identify solutions to complex legal problems arising in the business environment. |
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3. |
Critically evaluate the role of the law in meeting the needs and expectations of the business community. |
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4. |
Demonstrate skills of expression, research and communication in an evidenced and well-structured manner. |
Assessment Outcomes:
When marking the assignment, we are looking for evidence that you have achieved the following assessed outcomes:
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|
OUTCOME |
HOW TO DEMONSTRATE THE OUTCOMES IN THIS ASSESSMENT |
WEIGHTING (INDICATIVE ONLY) |
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AO1 |
Understanding Your legal knowledge |
You can retrieve, explain, and apply relevant, and up-to-date, legal authority. Your work demonstrates an accurate explanation and definition of legal rules (and where appropriate principles and standards and their underlying values). |
40% |
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AO2 |
Applying Your range and depth of analysis and evaluation |
You can analyse the legal issues and draw conclusions using appropriate legal evidence to create a persuasive argument. You can show some of the limitations of the both the claims you make, and the evidential base used to support them. |
30% |
|
AO3 |
Researching Your range of sources, citations and referencing |
All sources of evidence, such as law (cases and statutes), books, journals, and web-based sources, are cited fully and accurately in accordance with the OSCOLA style guide. Your work contains a complete and accurate bibliography, in line with the style outlined in OSCOLA guides. |
10% |
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AO4 |
Communicating Your structure, style, spelling, grammar, and punctuation |
Your work contains an introduction, a legal argument organised into distinct sections which addresses the question set, and a concluding section which should restate your answer to the question set. Your work is legible, coherently expressed and articulates a clear, structured legal argument, and is free from grammatical, punctuation and spelling errors. |
20% |
Marking Criteria:
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Classification: |
How to demonstrate: |
Banded marks |
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Outstanding 1st |
The answer demonstrates exemplary and profound handling of the question with performance which would be first-class at a much higher level than that of the assessment level. A high level of intellectual rigour and insight will be demonstrated. |
100 |
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Excellent 1st |
The answer demonstrates 1st class performance at a level higher than that of the assessment level (so for LLB year 1, it would be a first at year 2 level; for a final year LLB, a distinction at Masters level) |
95 87 |
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Very good 1st |
The answer demonstrates a very good handling of the question with both a broad and deep grasp of the issues. The answer is coherent, well evidenced and well-argued and demonstrates very good evaluation. The presence of marginal inaccuracies should not preclude a first class mark. |
80 74
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Good 2.1 |
The answer demonstrates a good handling of the question in a largely accurate manner with limited significant errors or omissions. The answer contains material relevant to the question. There is familiarity with a range of appropriate sources and, at the top of the boundary, evaluation of the more complex issues and solid evaluation of all other issues. |
68 65 62 |
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Competent 2.2 |
The answer demonstrates competent knowledge and understanding of the issue(s) in the question in a broadly competent manner. The required learning outcomes will be adequately met. The student will show some awareness of the main sources. There is an attempt to identify and select relevant materials. May contain limited evaluation. |
58 55 52 |
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Basic 3rd |
The answer demonstrates some basic relevant knowledge and understanding of the subject matter. The answer may be mostly descriptive and may be supported by some relevant sources. The answer will meet the required learning outcomes at a threshold level only. Mistakes should not prevent an answer qualifying for a pass. The answer may miss key points, contain important inaccuracies and make assertions not supported by authority or evidence. |
48 45 42 40 |
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High fail Marginal / weak |
The answer demonstrates limited knowledge and/or understanding. Distinguish different types of business media and explain the significance of the quasi-partnership with reference to a given set of facts. |
35 30 |
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Very weak Fail |
The answer demonstrates very limited knowledge and/or understanding. Create and deliver a presentation to Messrs Eaton & Thomas explaining to them the benefits and drawbacks of each of the following corporate structures, by reference to their proposed business venture. |
25 |
|
Low fail |
The answer demonstrates almost no relevant knowledge and understanding, eg at the lower end of the bracket the student may just write a few sentences, at the higher end, there may be a discussion of facts alone. |
10 0 |
Feedback Guidance:
Reflecting on Feedback: how to improve.
From the feedback you receive, you should understand:
- The grade you achieved
- The best features of your work
- Areas you may not have fully understood
- Areas you are doing well but could develop your understanding.
- What you can do to improve in the future – feedforward
Use the WISER: Academic Skills Development service. WISER can review feedback and help you understand your feedback. You can also use the WISER Feedback Glossary
Next Steps:
- List the steps have you taken to respond to previous feedback.
- Summarise your achievements
- Evaluate where you need to improve here (keep handy for future work
