Company Law Custom Essay

School of Law

Company Law
Unit Code: Law 009-3

Coursework 2013/14

The Articles of Association of Wolf Toys Limited give the directors power to issue shares ‘in their absolute discretion in such quantity and at such value as they shall determine’.

Tom and Ben own 51% of the shares in Wolf Toys Limited and they are also directors. The other director is Jane who owns 10% of the shares. Tom and Ben decide to expand the business by buying a company which makes soft toys. This decision is set against a back ground of a continuing decline in the soft toy market. Jane disagrees with this plan on the grounds that it would be a disaster.

Tom and Ben discover a very successful firm making teddy bears but as Wolf Limited lacks sufficient capital to make an immediate bid for the firm, Tom and Ben issue shares which they place with known supporters to raise capital. This results in reducing Janes’ voting power.

They then call a general meeting at which they pass a resolution to dismiss Jane as a director. They and their supporters also pass a special resolution deleting the provision in the articles in terms of which she would have been entitled to compensation and requiring her to sell her shares.

Advise Jane.

Citing appropriate research, cases and examples write a paper of no more than 2,500 words:

WARNING: CHEATING AND PLAGIARISM

Remember that the work you submit must be entirely your own otherwise you will be guilty of cheating and/or plagiarism under the Assessment Regulations. Note carefully the declaration printed on the cover sheet which you have to sign before you hand in your work. If you are in doubt as to what is cheating and plagiarism, re-read the University Regulations and the guidance notes attached to this coursework.
In the past students have been caught cheating and/or plagiarizing, which are academic offences. The penalties are severe and includes disciplinary action. You are putting your academic career in jeopardy if you cheat or plagiarise.

Instructions to students

The Unit Coordinators are John Hamer.
This assignment counts for 25% of the overall module mark.
The assignment must be no more than 2,500 words (excluding Bibliography and footnotes) in length.

Hand-in procedure:

• The submission date is 24 February 2013
• You must submit one electronic copy of your coursework via ‘Turn-it-in’ AND one paper copy to the Assessment Office;
• All assignments must be word processed or typed but not hand-written. The paper copy of your work must have attached a front sheet duly filled in.
• You are only allowed one submission via Turn-it-in, so make sure that you upload the final version of your paper.
• Late work will be penalised or not marked. Students should ensure that they retain a duplicate copy of the submitted work.

Assessment criteria:

A good answer should be able to demonstrate that the student has:

1. Identified the legal issues arising from the facts in the scenario;
2. Identified and applied appropriate legislation or case law in the answer;
3. Provided a well structured and balanced answer considering strengths and weaknesses in the application of the criminal law to the facts arising in the scenario;
4. Made use of good grammar and punctuation. Good clarity of English language and expression. Engaging style. Adhered to OSCOLA, and
5. Presented a conclusion which consists of a researched legal advice based on the facts.

The Core Learning Outcomes for this Unit are reproduced in the table below. You must pay attention to these outcomes when answering the coursework.

Core Learning Outcomes for Company Law

Learning Outcomes
The student will be able to:
Assessment Criteria
To achieve the learning outcome you must demonstrate the ability to:

1 • Demonstrate in depth knowledge and understanding of the current principles pertaining to Company law and its inter – relationship with other fields of study.
State the correct principles and accurately explain them in an examination and coursework question with critical comment.
2 • Accurately apply statutory rules and case law principles to complex problem and essay style question choosing the most relevant and up to date material.
• • Accurately apply existing knowledge to complex situations
Produce arguable conclusions, treating the situation as an exemplification of established rules.
3 • Bring together legal principles from units studied earlier in the course and explain and analyse their relevance to aspects of Company law.
• • Collate and synthesise legal principles from various law subjects.
• Relate and explain them correctly in the context of the question set.
• Choose between two or more arguments where a number of propositions are suggested.
4 • Collect information from primary and secondary sources such as Statutes, Law Reports, Journals and electronic sources and apply it to new and complex problem situations.
• • Accurately apply law reports, statutes, journals and electronic materials so that the points in the answer are focused relevantly on the question set in the coursework and examination with correct referencing.
5 • Critically review concepts relating to Company law, arguing from competing perspectives and paying particular attention to contemporary issues.
• • Identify and explain contemporary issues in the context of Company Law
• Rank the relevance and importance of concepts at the forefront of the unit.
• Make accurate linkages and comparisons to current legal principles.
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6 • Critically evaluate the principles and theories relating to Company law. • Disseminate knowledge in the context of the question posed.
• Rank the relevance and importance of the arguments based on reliability, validity and significance.
• Bring together relevant materials from cases, statutes and academic debate and identify the most applicable.
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