LAW205 Commercial & Corporate Law for Accountants Semester 1, 2017 Assessment Item 1: Research Essay Task (20%) A) Can a company be liable to its own shareholders under tort law? What happens if an employee is also a shareholder and/or a director? Explain with reference to relevant cases. (10 marks) B) What are the principles the court will apply in determining whether a company is guilty of a crime? (10 marks) NB. Your answers must refer to the relevant legislation and case law. Please note:  The word length for this essay is 1,500 words. This is a research exercise, so you are expected to go beyond chapter seven of the prescribed textbook. For example by locating relevant case examples to support your answers. Essays which do not demonstrate a research effort are likely to be given lower marks;  Assignments must be submitted online via Learnline. No other form of submission, (such as email) will be accepted. An assignment submitted via the draft submission link (SafeAssign check) will not be accepted as a final submission and will not be marked. It is your responsibility to submit your final assignment in the correct way – ie, via the final submission point on Learnline;  Either of the CDU Harvard or AGLC referencing styles may be used, as long as you choose one style and use it consistently;  Plagiarism or collusion will be detected and penalised in accordance with CDU’s Academic Integrity Policy. You are expected to read, refer to and cite various primary and secondary sources in the course of writing your essay. However, it is also important that you explain key arguments and points in your own words. Avoid excessive word-for-word quotation of other literature. Do not paraphrase another author’s work too close to the original (changing a few words in a sentence from a book or article and passing it off as your own writing is still plagiarism). If you quote from a textbook or online source make sure you cite your references. Total 30 1.75-2.9 2.7 The fundamental theories relevant to this question are provided without ambiguity and refers to a text or journal article, but these may not be well discussed.Some context provided. Reflection demonstrates satisfactory clear reasoning and provides reasonable discussion on the “cultural fit” to the organisation. 3-3.5 3.2 The fundamental theories relevant to this question are clearly identified and explained, without ambiguity and in context and with reference to a suitable journal article. Reflection demonstrates clear and consistent reasoning and provides detailed discussion on the “cultural fit” to the organisation. 3.6-4.15 3.7 The fundamental theories relevant to this question are clearly identified and described well, with relevant information and argument where necessary for understanding. The context is clear and suitable journal article(s) are used. Reflection demonstrates clear, consistent and detailed reasoning and provides high-level discussion on the “cultural fit” to the organisation. 4.2-4.75 5 The fundamental theories relevant to this question are clearly identified and described comprehensively, delivering all relevant information necessary for full understanding. The context and background are well explained and suitable journal article(s) are used. Reflection demonstrates consistent and systematic reasoning and provides thorough discussion on the “cultural fit” to the organisation. 4.8-6 Quality of language and ability to communicate information accurately using academic style ULO2 (Max 4 marks) 0.4 Writing filled with grammatical and spelling errors. English expression is difficult to understand. Little or no use of paraphrasing, with a heavy reliance on quotes. In-text citation and referencing have not been used or do not conform to Harvard standard. 0-1.55 1.2 Many grammatical and spelling errors. English expression is difficult to understand, but meaning can be made of what is written. Little effort has been put into paraphrasing of material. In-text citations not utilised or inaccurate. List of references does not follow the Harvard referencing style correctly. 1.6-1.95 1.6 Expresses thoughts meaningfully, even though there may be occasional errors. Paraphrasing uses too many of the author’s own words. In-text citations are too sparse and/or mostly inaccurate. Some attempt to present a list of References following the Harvard referencing style, but may have several errors. 2-2.36 1.9 Expresses thoughts meaningfully, even though there may be occasional errors. Paraphrasing portrays the ideas of others in student’s own words. In-text citations are accurate in most cases and are just adequate to the task. List of References presented using the Harvard referencing style accurately in most cases. 2.4-2.76 2.2 Communicates meaning with clarity and fluency. Writing is almost error-free. Paraphrasing correctly portrays the ideas of others in student’s own words. In-text citations are accurate and support the arguments made in the assignment quite well. List of References presented accurately using the Harvard referencing style. 2.8-3.16 3 Skillfully communicates meaning with high level of clarity and fluency. Writing is virtually error-free. Paraphrasing correctly portrays the ideas of others in student’s own words. In-text citations are accurate and support the arguments made in the assignment very well. List of References presented very accurately using the Harvard style. 3.2-4 List of suggested academic journal articles, books and book chapters: Carroll, AB and Shabana, KM, 2010. ‘The business case for corporate social responsibility: A review of concepts, research and practice’, International Journal of Management Reviews, vol. 12, no.1, pp. 85-105. Edwards, JR, Caplan, RD and Van Harrison, R, 1998. Person-environment fit theory. In CL Cooper (Ed.) Theories of organizational stress (pp. 28-67), Oxford University Press, Oxford, UK. Edwards, JR, Cable, DM, Williamson, IO, Lambert, LS and Shipp, AJ, 2006. ‘The phenomenology of fit: linking the person and environment to the subjective experience of person-environment fit’, Journal of Applied Psychology, vol. 91, no. 4, pp. 802-807. Ferguson, J (2016) ‘Corporate response to climate change: language, power and symbolic construction’, Accounting, Auditing & Accountability Journal, vol. 29, no. 2, pp. 278- 304. http://ezproxy.deakin.edu.au/login?url=http://dx.doi.org/10.1108/AAAJ-09-2013-1465 Hollensbe, E, Wookey, C, Hickey, L, George, G, & Nichols, CV, 2014, 'Organizations with purpose’, Academy of Management Journal, vol. 57, no. 5, pp. 1227-1234. Available from: 10.5465/amj.2014.4005. http://ezproxy.deakin.edu.au/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=heh&AN=98822522&site=eds-live&scope=site Jovanovic, Z, 2015. ‘Management and changes in business environment’, Ekonomika, vol. 61, no. 2, pp. 143-151. http://ezproxy.deakin.edu.au/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=103670794&site=ehost-live&scope=site Robbins, SP, DeCenzo, DA, Coulter, M, Woods, M 2016, Management: The Essentials 3e, Pearson, Melbourne, Australia. Szymańska, K and Walecka, A, 2016, ‘Culture openness as an element of positive potential of enterprised in a crisis situation’. Journal of Positive Management, vol. 6, no.4, pp. 53-65. http://ezproxy.deakin.edu.au/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=116483370&site=ehost-live&scope=site Verbos, AK, Gerard, JA, Forshey, PR, Harding, CS and Miller, JS, 2007, ‘The positive ethical organization: Enacting a living code of ethics and ethical organizational identity’, Journal of Business Ethics, vol. 76, no. 1, pp. 17-33.