59372 – Assessment 2 InformationSubject Code: CLWM4000Subject

SOLUTION AT Australian Expert Writers

Assessment 2 Code: CLWM4000 Name: and Corporations LawAssessment : Assessment 2Assessment Type: Case Analysis - Written ReportWeighting: 30 %Total Marks: 30Submission: Via TurnitinDue Date: Week 10Your TaskUsing the Case provided, you will need to undertake an analysis of the various legal issues that are identified, cite relevant rules applicable to the issues, explain the application of the rules to the facts/situation in the case scenario using the IRAC method.Assessment DescriptionYou are required to answer the following two (2) questions, based on the Case Scenario belowAssessment Instructions• Your assessment is to be submitted via Turnitin in WORD format. PDF submissions will not be accepted• You must follow the KBS presentation guidelines• Please refer to the assessment marking guide to assist you in completing all the assessment criteria and for information on the use of references and legal citationsCASE SCENARIOMs Karla Tulli is a Certified Practising Accountant (CPA), who has two specialisations in Accounting and Finance. Ms Karla Tulli has been running her own small accounting firm for only three years.In order to attract new clients she has placed an advertisement in the local newspaper indicating that she is a “Fellow of CPA Australia”.“CPA registration is a mark of high professional competence. This registration indicates that the accountant complies with of accountancy knowledge”.In May 2019, Mr Sam Tylor (Sole Trader) a former client complained about Ms Karla Tulli’s accounting services with CPA Australia. He was very unhappy because he received a fine from the Australian Taxation Office (ATO) regarding his Tax Return. Mr Sam Taylor was found in guilty of tax evasion and tax minimisation When Mr Sam Tylor had approached Ms Karla Tulli after the financial year to lodge his Tax return, he told her he wanted to maximise his tax deductions. Ms Karla Tulli responded to Mr Sam Tylor “Don’t worry… you are with “the best Fellow of CPA Australia”, “I will make sure you are well looked after”.Mr Sam Tylor remembered when he had provided Ms Karla Tulli “via email” all his bank statements and scanned copies of every single Tax Invoice he provided to his clients. He also provided the expenses that he had to incur in order to run his business. When Mr Sam Tylor visited Ms Karla Tulli in her office, she advised him that he should collect any expenses receipts from his family members and that it didn’t matter if these receipts were not related to his business activity.Ms Karla Tulli advised Mr Sam Tylor that she will have to include these receipts to maximise his deductions. Mr Sam Tylor relied on her advice, so he did not hesitate to collaborate in providing these receipts. Furthermore, Ms Karla Tulli let Mr Sam Tylor believe that her advice in fact was not wrong and that it was the only way to maximise his deductions.Now Mr Sam Tylor is trying to make an agreement to pay in instalments to the ATO. In the meantime, he wants to make an appointment with a Solicitor (Legal Practitioner) to seek legal advice so he can find out what are the legal actions that he may be entitled to exercise against Ms Karla Tullin.Please Note: “If you are a highly-experienced CPA, you can become a Fellow of CPAAustralia (FCPA). You must have at least 15 years’ full-time work experience in accounting, finance or business, including at least five years in an executive position or as a public accountant”QUESTION 1 (10 Marks)• Please advise Mr Sam Tylor that if he entered in a contract with Ms Karla Tulli whether this contract can be invalidated under the principles of Contract Law.• In your answer explain the meaning of Contract and how the Elements need to be satisfied in order to make a simple contract valid• You will need to address all the “essential elements of a contract” including (Offer and acceptance, intention and consideration) as well as “elements of a valid contract” (Capacity, Legality, Genuine Consent, Mistake, Misrepresentation, Durres, Undue Influence and Unconscionability.• You will need to address and explain “Remedies” available for Mr Sam TylorQUESTION 2 (10 Marks)• Please advise Mr Sam Tylor if Ms Karla Tulli breached his Australian Consumer Law Guarantees.• In your answer explain to Mr David Miller what are his Australian Consumer Law Guarantees under the Competition and Consumer Act 2010 (Cth) Schedule 2.• You need to justify your view as to whether these guarantees are available.• Explain the remedies available to Mr Sam Tylor and the penalties that can be imposed to MsKarla TulliImportant Study InformationAcademic Integrity PolicyKBS values academic integrity. All students must understand the meaning and consequences of cheating, plagiarism and other academic offences under the Academic Integrity and Policy.What is academic integrity and misconduct?What are the penalties for academic misconduct?What are the late penalties?How can I appeal my grade?Click here for to these questions:http://www.kbs.edu.au/current-students/student-policies/.Word Limits for Written AssessmentsSubmissions that exceed the word limit by more than 10% will cease to be marked from the point at which that limit is exceeded.Study AssistanceStudents may seek study assistance from their local Academic Learning Advisor or refer to the on the MyKBS Academic Success Centre page. Click here for this information.Assessment Marking Guide Question 1Criteria F (Fail) 5 Marks P (Pass) 7- 9 Marks CR (Credit) 10-11 Marks D (Distinction) 12-14 MarksHD (High Distinction)15 MarksMarkAssessment ContentContract LawExplain the meaning of Contract and how the elements need to be satisfied in order to make a simple contract validYou will need to address all the “essential elements of a contract” including (Offer and acceptance, intention and consideration) as well as “elements of a valid contract” Capacity,Legality, GenuineConsent (Mistake,Misrepresentation, Durres, Undue Influence and Unconscionability).Explain if Mr Sam Tylor and Karla Tulli were in a valid contract and how would you assist Mr Sam Tylor to Void the contractAdvise what are the“Remedies” available forMr Sam TylorYour advice shows some understanding. This assignment is incomplete and inconsistent.Legal Argument are not complete or comprehensive. Some support offered for the argument but inadequate and/or irrelevant. Explanation of the issues and solution is not adequate. Somewhat superficial overall, some attempt to establish a structure but inadequate. Inadequate referencing.Your advice is adequate with a number of the main principles of law identified and applied.Difficulty in sustaining or developing a coherent argument, showing some confusion, but generally demonstrating evidence of reading and thinking about the topic. Structured reasonably well and organised in a somewhat logical fashion. Sources acknowledged. Generally correct expression and spelling with writing of a satisfactory standard.You have provided enough references to support your legal arguments. E.g (CaseLaw and Statutory Provisions)Your advice is good explained the main principles identified and applied. The main argument is sustained but may have some weaknesses. Generally demonstrated reading and thinking about the topic. Structured reasonably well and organised in a logical fashion. All sources acknowledged correctly. Generally presented well and with consistent use of terminology, correct spellings and expressions.Your advice has provided most of the principles of law applied. Principles defined and explained to an acceptable level. Shows a good understanding of most of the principles and integrates them satisfactorily into the analysis. Some good examples given. Lacks the depth of an “A” analysis. Well structured – minor inadequacies. Referencing is good but some minor flaws evident. Mainly logical and coherently organised. Clear and concise and correctly written.Your advice showed a detailed, coherently written, organised assignment that answers the question succinctly. An objective reasoned argument that focuses on the relevant issues of the topic and is expanded and developed with appropriate examples.Principles of law integrated well into the analysis. Showsevidence of having read relevant textbook, legislation and case studies and so on and clearly references any authors quoted in the assignment. No or very minor errors of expression./15Page 4 Kaplan Business School Assessment Marking Guide Question 2Criteria F (Fail) 5 Marks P (Pass) 7- 9 Marks CR (Credit) 10-11 Marks D (Distinction) 12-14 MarksHD (High Distinction)15 MarksMarkAssessment ContentConsumer LawPlease advise Mr Sam Tylor if Miss Karla Tullibreached his Australian Consumer Law Guarantees.In your answer explain to Mr Sam Tylor what are his Australian Consumer Law Guarantees under the Competition and Consumer Act 2010 (Cth)In addition, Explain the remedies available to Mr Sam Tylor and the penalties that can be imposed to Miss Georgia under the Act for breaching the Australian Consumer Law.(Australian Competition and Consumer Commission “ACCC”)Your advice shows some understanding. This assignment is incomplete and inconsistent.Legal Argument are not complete or comprehensive. Some support offered for the argument but inadequate and/or irrelevant. Explanation of the issues and solution is not adequate. Somewhat superficial overall, some attempt to establish a structure but inadequate. Inadequate referencing.Your advice is adequate with a number of the main principles of law identified and applied.Difficulty in sustaining or developing a coherent argument, showing some confusion, but generally demonstrating evidence of reading and thinking about the topic. Structured reasonably well and organised in a somewhat logical fashion. Sources acknowledged. Generally correct expression and spelling with writing of a satisfactory standard.You have provided enough references to support your legal arguments. E.g (CaseLaw and Statutory Provisions)Your advice is good explained the main principles identified and applied. The main argument is sustained but may have some weaknesses. Generally demonstrated reading and thinking about the topic. Structured reasonably well and organised in a logical fashion. All sources acknowledged correctly. Generally presented well and with consistent use of terminology, correct spellings and expressions.Your advice has provided most of the principles of law applied. Principles defined and explained to an acceptable level. Shows a good understanding of most of the principles and integrates them satisfactorily into the analysis. Some good examples given. Lacks the depth of an “A” analysis. Well structured – minor inadequacies. Referencing is good but some minor flaws evident. Mainly logical and coherently organised. Clear and concise and correctly written.Your advice showed a detailed, coherently written, organised assignment that answers the question succinctly. An objective reasoned argument that focuses on the relevant issues of the topic and is expanded and developed with appropriate examples.Principles of law integrated well into the analysis. Shows evidence of having read relevant textbook, legislation and case studies and so on and clearly references any authors quoted in the assignment. No or very minor errors of expression /15Page 5 Kaplan Business School Assessment Outline

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