Law's research paper
QUESTION 1 ( 680 – 750 words)
What happens if a company employee who is also a shareholder and/or a director is negligent at work?
Can a company be liable to its own shareholders under tort law?
Explain with reference to relevant cases. (10 marks)
Tip from Lecturer:
_ define tort law in term of company context.
_ Answer the question specificially
_ 3 situation : employee is also a shareholder, employee is not a shareholder but a director, employee is a shareholder and a director. ( I’m not clear this one)
_ Vicarous Liabilities – what tort law? Whose responsibilities? What boundaries – AGRUMENT.
QUESTION 2 ( 680– 750 words)
Can a company be guilty of a crime?
If so, what principles will the court take into account as to whether it is the Company or individual actors within the company who are guilty? (10 marks)
Requirement :
_The answers need to be condensed, straightforward and understandable, not stretching sentence like in a normal essay.
_ All the ideas to answer is contained in 4 lecture slides which I sent you. Please take a look and pick out what relevant area you need to put in the answer. Be careful of Citing and Reference rule below.
_ Your answers must refer to the relevant legislation and case law as many as you can since the lecturer required an argument in the answers.
_ You must shown the research effort in the paper. Maybe what plantif and defendant said in a case and what decision affect the idea you want to explain in the answer.
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;
Either of the CDU Harvard or AGLC referencing styles may be used, as long as you choose one style and use it consistently;
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.