6LAW2015-0905-2024 - Business Organisations and Structures
Question # 49981 | Law | 5 months ago |
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$35 |
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The first assignment will be individual video presentation worth 40% of your overall module grade.
Please upload the document containing the sources of references (bibliography).
Due 21 Jan 2025 by 12:00 Points 100
Submitting a website url, a media recording, or a file upload
File types mp4, doc, and wmv
You are a legal trainee at a City Law Firm and your managing supervisor has requested you to undertake the following task in relations to an enquiry made by the firm’s client: Greenwave Innovations Ltd.
David and Emily are long-time business partners who decide to incorporate a private limited company, Greenwave Innovations Ltd (Greenwave), to pursue a renewable energy project. They each hold 50% of the shares, with David serving as the managing director and Emily as the chief financial officer (CFO). Both David and Emily are actively involved in the company’s day-to-day operations.
Greenwave enters into a contract with EcoTech Supplies Ltd (EcoTech), for the supply of wind turbines worth £2 million. Due to unforeseen financial difficulties, Greenwave is unable to pay EcoTech, leading the company into insolvency. EcoTech, which has not been paid for the wind turbines, decides to sue Greenwave for breach of contract and seeks to hold both David and Emily personally liable for the company’s debt. EcoTech argues that Greenwave was merely a façade for David and Emily’s personal business, and that the corporate veil should be pierced to recover their losses.
Based on the above scenario and prepare a at least 10 minute video presentation responding to the following questions:
Explain the doctrine of separate legal personality as established in Salomon v Salomon & Co Ltd [1897] AC 22 (provide key rulings the CA and HL). How does this principle protect David and Emily from personal liability in relation to Greenwave’s debts?
Under what circumstances can the courts pierce the corporate veil and hold shareholders personally liable for the debts of the company? Discuss statutory and common law exceptions to the rule in Salomon, with particular reference to any relevant factors that may apply to David and Emily’s case.
How does the fact that David and Emily are both shareholders and directors of Greenwave impact their liability? Can the role of a director affect the application of the doctrine of separate legal personality? Analyse this in light of any relevant case law.
Evaluate whether EcoTech is likely to succeed in its attempt to pierce the corporate veil and hold David and Emily personally liable for Greenwave’s debts. Consider any significant developments in the law since Salomon v Salomon, including relevant case law and statutory provisions that could either support or undermine EcoTech’s claim.
Criterion
Weighting (%)
Factors considered under each criterion
Presentation
30
Speed and fluency of speech
Volume and clarity of speech
Level of eye contact (as opposed to reading)
Concluded argument within the allotted time
Use of accessible language used, but appropriate to the level of study
Professional appearance
Content
25
Whether the material used is relevant to the discussion at hand
The accuracy of the account of any aspect of law or academic viewpoint used to support and substantiate any points advanced
The level of understanding of the issue in question
Structure
20
The points advanced followed a logical progression, building on the previous point each time
Enabled the overall argument to be consistent and coherent
Level and Quality of Critical Thinking Displayed
25
Whether the presentation does actually contain an argument
Original thinking and opinion is expressed
The presenter’s viewpoint is substantiated by the content relied on
The points advanced in support of the argument are insulated against obvious lines of response by mitigating those possible counter points
The fundamental arguments from the opposite side of the argument are addressed
Further information and guideline:
1. It is also recommended to submit your at least 10 minute video presentation one day in advance to avoid technical issues.
2. Please also note that you have to submit a separate file containing bibliography or list of references.
3. Please make sure you clearly display your student ID when recording your video presentation.
Important information:
Please refer to the Level 6 Assessment Booklet for important information relating to your submission:
Students must read the information contained in the below link regarding the LLB Assessment including how to submit, grading criteria and other relevant information:
LLB Assessment Template 2023-2024 V2-2.docx
Download LLB Assessment Template 2023-2024 V2-2.docx
“NB: PLEASE ENSURE YOU HAVE VIEWED VIDEO/QUIZ IN LINK BELOW PRIOR TO SUBMISSION OF YOUR COURSEWORK:
Academic Conduct Offences Explained ”
The deadline for submission is 21 January 2025 at 12:00 noon.
Regards
Ardeshir Atai
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