代写ACCY5105 Commercial Law Assessment 2代做Python语言

ACCY5105 Commercial Law

Assessment 2

Guidance Notes: Scenario 4

Guidance notes – Assessment 2: Due 10 January

Below are some guidance notes for you as you work through the final question Scenario 4, Task 1, in Assessment 2.

You can also find some general points regarding Assessment 2, some general points on answering assessment questions (including information on the ILAC method) and information on answering Scenario 1, Tasks 1 – 3 and Scenarios 2 and 3 in the earlier guideline notes.

Here are some notes that will help you structure your answers for Assessment 2, Scenario 4. Please note – this is just an example of how you could structure your answers. There are other ways that you could approach the question.

You will need to refer to the relevant clauses in the attached Agreement for the Sale and Purchase of a Business.

Answering Scenario 4: Contracts in the business environment

Task 1 34 marks

Word count guideline: Approximately 540 words

Consider what you are needing to provide in your answer for this question. You are being asked to write an email response to the queries from Kayden the owner of the boat business regarding the proposed sale of the business. You are also required to refer to the relevant provisions (clauses) in the Agreement for the Sale and Purchase of a Business where this is appropriate.

For this question you are needing to:

· identify the vendor and the purchaser in this sale and purchase.

· Kayden is concerned that DBT Ltd may not go ahead with the sale. They are a new company, and he is worried if the company defaults, they may dissolve the company and he will have no one to take an action against. What could be included in the contract to help with this? Give a brief explanation as to what could be done and identify the clause that regulates this.

· From the given scenario, identify a tangible asset, an intangible asset and a stock in trade that is being sold. For each category, also provide a brief statement as to what sort of things, in general, can be included in the category.

· Danielle and Brent are concerned about the company being able to afford the purchase. Identify the condition they should use, how it operates and the clause in the agreement that provides for it.

· One of the reasons DBT Ltd want to buy the business is because of its great reputation and established client base due to Kayden’s skill as a salesperson. They are concerned that after the sale, Kayden might set up a competing business close to them. They want to stop Kayden from starting any business in the greater Auckland region for a period of 6 years. They are paying $20,000 for goodwill. Name the type of clause that can be used to prevent Kayden from competing with DBT Ltd after the sale has gone through. State the relevant clause and the factors that are taken into consideration if using this clause. Using these factors, discuss whether the limits proposed by DBT Ltd would be allowed.

How could you approach this question?

1. First you are needing to identify who is the vendor (seller) and who is the purchaser (buyer) of the business.

Hint: Do note that a party to a contract can be an individual or a company.

For this part of the question, you will need to use your learning from Topic 8, pages “Standard and common terms” and “Particular terms: First and second pages in the Agreement for the Sale and Purchase of a Business”.

2. Secondly, you need to identify the mechanism (provision or clause) in the agreement that would assist with Kayden’s concerns if the company defaulted on its obligations under the agreement who would he be able to claim against instead. Here, you need to identify and briefly explain the clause of the Agreement that would assist Kayden.

Hint: For this part of the question, you need to also refer to the relevant clause from the Agreement in your answer.

For this part of the question, you will need to use your learning from Topic 8, pages “Standard and common terms”, “Particular terms: First and second pages in the Agreement for the Sale and Purchase of a Business” and “General terms in the Agreement for the Sale and Purchase of a Business”.

3. Thirdly, you are needing to identify an example of each of the following three types of assets from the scenario:

· tangible

· intangible

· stock in trade.

Your answer should also provide a brief explanation of each type of asset.

For this question, you need to identify one particular asset from the scenario list for each of the three types of assets as well as providing a brief explanation of each of the three types of assets.

For the first part of the question, you will need to use your learning from Topic 8, pages “Standard and common terms”, “Particular terms: First and second pages in the Agreement for the Sale and Purchase of a Business” and “General terms in the Agreement for the Sale and Purchase of a Business”.

4. Next, you need to consider what mechanism (clause or provision) in the agreement would assist the company with its concerns about whether it can afford the purchase.

For this part of the question, you need to identify and explain the relevant clause that would be used, including how this would be shown on the agreement

Hint: You will need to also refer to the relevant clause as well as note how you would include this in the agreement.

For the first part of the question, you will need to use your learning from Topic 8, pages “Standard and common terms”, “Particular terms: First and second pages in the Agreement for the Sale and Purchase of a Business” and “General terms in the Agreement for the Sale and Purchase of a Business”.

5. Lastly, you need to consider the mechanism (clause or provision) that could be used to prevent Kayden from competing with DBT Ltd after the sale.

For this part of the question, you are needing to:

· identify the relevant clause from the agreement

· state the factors that are taken into consideration if using this clause

· applying these factors to the fact situation, discuss whether the limits proposed by DBT would be allowed.

Here, you are needing to identify the clause that would apply. Your answer should set out the factors that are considered when this clause is used as well as discussing how these factors would apply in this situation considering the limits proposed and whether these would be allowed.

Hint: For this part of the question, you should focus on page “General terms in the Agreement for the Sale and Purchase of a Business”. You do need to identify the relevant clause from the agreement as well as identifying the factors that are considered when using this clause. Also, you need to apply these factors to the facts in the scenario to reach a conclusion on whether the proposed limits would be allowed.