IMPORTANT NOTE: This essay topic only applies to LAW5500 students who do not sit the mid term test..

IMPORTANT NOTE: This essay topic
only applies to LAW5500 students who do not sit the mid term
test. Students who do not sit the test for any reason are deemed to
have elected to do the essay option, which is due Monday 11.59pm Week 11,
by Assignment Manager.
LAW5500 on campus assignment (the
essay option):

The Assignment topic is as
follows:
“We learn that duties of directors in Australia
generally tend to be classified under one or other of two distinctive
obligations: a duty of good faith and a duty of care. Indeed, we learn
that under the Corporations Act, directors are required (amongst other
matters) to carry out their duties in good faith with the exercise of power for
a proper purpose, and to exercise reasonable care and diligence in their activities.
Directors who fail to observe their duties and obligations without legal excuse
will be exposed to significant liabilities and penalties.â€
Reflect on the above statement and then, within
the scope of the unit, evaluate this statement and discuss the nature and
extent of the statutory duties imposed on directors by the Corporations Act
identified in the statement. Your discussion should include
a critical analysis of the nature, application and effectiveness (including
discussions on consequences for breach of duty) of the two statutory duties of
directors under the Corporations Act identified in the statement above
(that is, the duty of good faith and the duty of care and diligence).
Students should briefly discuss the common law duties of directors and
relevant common law matters by way of background. As this essay requires
an analytical approach, you should extend your discussion of the statutory
duties noted above well beyond a mere description of the principles. It
is essential that your essay contains a significant analytical component and is
written to the standards expected of post graduate students. You
should use section numbers and case authorities to support your arguments, and
if possible illustrate with examples of contemporary cases before the
courts. You should use a range of secondary authorities (books and
articles), consistent in number and quality with a post graduate level
university essay, and duly acknowledged with proper referencing to support your
assertions and arguments.When
constructing your essay, reference must be made to the requirements listed in
the Unit Plan for this assignment, and you should use the relevant format
template provided on Blackboard in due course.

CONFORMANCE STATEMENT
Please note the following, and
enter the required information in the grey shaded spaces provided prior to
submission of the essay.
1. Your LAW5500 on campus essay should have not
less than 3500 effective words but
not more than 4000 effective words
(without the express permission of the
Unit Coordinator) (see LAW5500 Unit Plan (February, 2012, page 10).
This essay has…………. words
(in
determining the number of words, do a ‘word count’ from the beginning of your Introduction to the
end of your Conclusion, and subtract all headings, sub headings, direct
quotations and in text references therein from the result).

2. Your LAW5500 essay should use at least 20 quality academic reference sources
(i.e. in terms of LAW5500 requirements, texts and journal articles – see LAW5500
Unit Plan, page 11). This essay has……quality academic reference
sources (in determining the number of quality academic reference sources for LAW5500
purposes, add up the total number of end references and subtract those which
are not texts or journal articles; do notinclude the number of cases in
this count – see point 4 below).

3. Your LAW5500 essay should cite your end
reference sources (collectively) on at least 36 occasions in the body of your essay. This essay has…… in-text
reference entries. (in determining the number of in-text references used, count the number
of times your end reference sources have been cited in-text in total – note
that a few of your reference sources will likely be cited in-text more often
than others; do notinclude the number of cases in this count – see
point 4 below).

4. Your LAW5500 essay should use at least 12 to 15 case authorities. This essay uses…… cases
(in determining the number of cases, add up the number of cases in your Table
of Cases, which should reflect the cases cited in the body of the essay).

I acknowledge that the information
relating to my LAW5500 essay in the above conformance statement is true and
correct to the best of my knowledge.
Name:
__________________________________
Student Number: ______________

LAW5500 BUSINESS ENVIRONMENT OF CORPORATE LAW
ON CAMPUS 01 2012

ESSAY OPTION ASSIGNMENT (DUE MONDAY
WEEK 11)

Directors’
duties: good faith and care

An essay by __________________________ (your name)

TABLE OF CONTENTS
Page
1.0 Introduction
……………………………………………………………….

2.0 Background – common law duties……………………………………………..

3.0 Duty of good faith…………….……………………………………………….

3.1 (insert sub heading here)……………………………………………………

3.2 (insert sub heading here)……………………………………………………

3.3 (insert sub heading here)……………………………………………………

4.0 Duty of care and diligence…………………………………………………….

4.1 (insert sub heading here)……………………………………………………

4.2 (insert sub heading here)……………………………………………………

4.3 (insert sub heading here)……………………………………………………

5.0 Analysis ……………………………………………………………………….
(please
note – the sub headings will, of course, be informed by the flow of the
analysis)

5.1 (insert your first sub heading
here) ………………………………………….

5.2 (insert your second sub
heading here)…..…………………………………..

5.3 (insert your third sub heading
here)…….…………………………………..
(insert subsequent sub headings here if and as necessary)

6.0 Conclusion …………………………………………………………………….

7.0 End References and Table of
Cases …………………………………………..

1.0
Introduction

2.0
Background – common law duties

3.0
Duty of good faith

3.1
(insert sub heading here)

3.2
(insert sub heading here)

3.3
(insert sub heading here)

4.0
Duty of care and diligence

4.1
(insert sub heading here)

4.2
(insert sub heading here)

4.3
(insert sub heading here)

5.0
Analysis

5.1
(insert your first sub heading here)

5.2
(insert your second sub heading here)

5.3
(insert your third sub heading here)

6.0
Conclusion

7.0
End References and Table of Cases

Essay marker’s
use only:

LAW5500
Marking guide – Essay Assignment
Student ……………………………………
Number ……………………………………
Total Mark ………………………
Grade Related Descriptors
Written Argument

Grades

Descriptive content

Analytical aspects

Format and structure

High Distinction
80-100%

All descriptive aspects of the question/topic were addressed and
researched in great depth

The submission shows great insight into the topic and excellent analytical
development

All aspects of the submission conform to a high academic /
professional standard

Distinction
70-79%

Most descriptive aspects of the question/topic were addressed and
researched in reasonable depth

The submission indicates some evidence of analysis development and insight
into the topic

Most aspects of the submission conform to a high academic /
professional standard

Credit Pass
60-69%

Most descriptive aspects of the question/topic were addressed and
researched adequately

The submission shows evidence of elementary analysis and the
development of argument

Most aspects of the submission conform to an acceptable standard

Pass
50-59%

Elementary descriptive aspects of the question/topic were addressed
and researched adequately

The submission is mainly descriptive, showing a pass level understanding
of the topic

The submission displays basic structure

Fail