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Question 1: Essay worth 25 marks (1250 words maximum)
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How have Australian legislatures and courts determined the circumstances in which a company will be found to be criminally liable for the acts of its agents, particularly its directors? In your answer, consider at least four decisions of Australian courts handed down since 1975.
Question 2: Case Summary & Analysis worth 25 marks (1250 words maximum)
Summarise and interpret the very recent Western Australian Court of Appeal decision in Carey v Commissioner for Consumer Protection [2013] WASCA 195 (handed down on 28 April 2014). To what extent do you think this decision will reduce the likelihood of a repeat of the conduct that contributed to the Westpoint corporate collapse? A possible structure for your case summary and analysis (with examples) can be found in your Sanson textbook (2nd ed.) pp59-67.
Note:
Must comply with the Australian Guide to Legal Citations (v3) and
include a bibliography. Footnotes and Bibliography do not count towards
your word limit. You are expected to research well beyond the prescribed
textbook in answering these questions – examine both primary sources
and secondary sources. Your answer to Question Two may be of use in
preparing your answer to Question One.
Prepare a single document in which you include your answers to both questions.
Include in that document one combined bibliography for your answers to both
questions. Referencing (Footnotes & bibliography) are to be compliant with
the Australian Guide to Legal Citation (3rd edition)
Research relevant primary and secondary sources
Read and comprehend:
• the appellate court decision;
• previous decisions in the dispute;
• relevant precedents and statutes;
• relevant primary and secondary sources;
Practice writing case summaries;
Practice writing essays;
Practice analysing issues in legal disputes
Apply one of the legal theories you learn in your jurisprudence lecture
And please also meet this:
You showed excellent understanding of all the issues in the topic and
their assumptions, limitations and relevance. You grasped all key
concepts. Your discussion of the issues showed insight and was
innovative. Your use of primary and secondary sources was excellent. You
made clear and logical statements.
Your conclusions were excellent
and interesting. Shows reflection, obvious investment of time and
effort. You showed excellent use of references. Your ideas were
expressed clearly, concisely, cogently and logically. You set out your
answer well. You used primary and secondary sources and technical terms
appropriately.
