NATIONAL ECONOMICS UNIVERSITY

INTERNATIONAL SCHOOL OF MANAGEMENT AND ECONOMICS

HIGHER NATIONALS
BTEC HIGHER NATIONAL DIPLOMA IN BUSINESS (RQF)

Unit Code, Number and Title H/617/0736 - Unit 7: Business Law

Semester and Academic Year Semester 2, Academic year 2021-2022

Unit Assessor(s) Ha Cong Anh Bao / Vu Van Ngoc / Cao Xuan Phong /
Nguyen Thi Dan Phuong / Ly Vuong Thao
Assessment Number and Title BL A1.1: Individual assignment (Assessment 1 of 1)

Issue Date Wednesday, March 30th, 2022

Submission Date 10:00 am, Friday, May 13th, 2022

IV Name Le Thi Huong Lan

IV Date Tuesday, March 29th, 2022

Student name

NEU Student ID Pearson ID

Plagiarism is a particular form of cheating. Plagiarism must be avoided at all costs and students who
break the rules, however innocently, may be penalised. It is your responsibility to ensure that you
understand correct referencing practices. As a university level student, you are expected to use
appropriate references throughout and keep carefully detailed notes of all your sources of materials for
material you have used in your work, including any material downloaded from the Internet. Please
consult the relevant unit lecturer or your course tutor if you need any further advice.

I certify that the assignment submission is entirely my own work and I fully
Student declaration understand the consequences of plagiarism. I understand that making a
false declaration is a form of malpractice.

Student(s) name(s) /
Date: Friday, May 13th, 2022
Signature

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Submission format and Instructions:

This assignment (Assessment 1 of 1) covers Learning Outcome 1, 2, 3 and 4 (LO1, LO2, LO3, LO4).
 This is an individual assignment.

 The submission format is in the form of a case study written report.

 The assignment should have a cover page that includes the assignment code, number, tittle,
assessors’ names and student’s name and ID. Attach all the pages of assignment brief with your
report and leave them blank for official use.

 Name of the file includes Student ID_Unit name_Assessment no. (E.g. “10190123_BL_A1.1”).
 Ensure that authenticity declaration has been signed.

 Include a content sheet with a list of all headings and page numbers.

 Plagiarism is unacceptable. Students must cite all sources and input the information by
paraphrasing, summarising or using direct quotes. A Referral Grade is given when Plagiarism is
identified in your work. There are no exceptions.

 Your evidence/findings must be cited using Harvard Referencing Style. Please refer to Reference
guiding posted on Moodle. The Reference page is compulsory to upload on Turnitin.

 This assignment should be written in a concise, formal business style using Arial 11 or Times
New Roman 13 font size and 1.5 spacing.

 The word limit is 3,500 words (+/- 10%).

 You MUST complete and submit a softcopy of your work on the due dates stated on Assignment
brief. All late work is not allowed to submit. This rule is not waived under any circumstances. The
softcopy must be submitted to Turn-it-in via Moodle.

 Read ALL Instructions on this Page and review the Pass, Merit and Distinction criteria carefully. To
pass the assignment, you must achieve ALL the Pass Criteria outlined in the marking sheet. To
achieve a Merit, you must achieve ALL the Merit criteria (and therefore the Pass criteria). To
achieve a Distinction, you must achieve ALL the Distinction criteria (and therefore the Pass and
Merit criteria).

Unit Learning Outcomes:

LO1: Explain the nature of the legal system.
LO2: Illustrate the potential impact of the law on a business.
LO3: Examine the formation of different types of business organizations.
LO4: Recommend appropriate legal solutions to resolve areas of dispute.

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Assessment Brief and Guidance:

LO1 Explain the nature of the legal system.

1. Henry hit Denny in his birthday party. Henry was prosecuted on battery charges by the district
attorney. Subsequently, Denny took Henry into the court for money damages. Classify each legal
action. What are remedies? ( remedies: anh ta có thể bị phạt tù , tiền.. không thể chắc chắn)
( tài liệu làm bài 3 quyển giáo trình + slides ( lớp tutor)
Ndung tuần 1: hình sự và dân sự laws -> khởi tố ( hình sự) ( ndung về tort)
 Phân biệt dân sự hình sự, hình phạt anh ra gáng chịu là gì ( tù, tiền -> phụ thuộc vào mức độ
nghiêm trọng), tuỳ thuộc vào ng bị hại muốn và yêu cầu gì?

2. (P2) Describe how the law is made in England and explain role of Parliament (and its houses),
Cabinet (Government) and Courts of England in the law-making processes.
 Tách biệt 3 vài trò của 3 cơ quan trên ( mô tả, giải thích)

3. Imagine s 22 ( điều luật 22) of the TAFE Education Act 2002 in your jurisdiction makes it an
offence ‘to bring any concealed notes(phao), sketches( hình ảnh), books or aids relevant ( aid: trợ
giúp, hỗ trợ to the examination into an examination room’. The Education Minister ( thuộc về
gorverent -> thi hành pháp luật ) said in parliamentary debate that s 22 was intended to give
examination monitors stronger powers to prevent cheating. Explain how the literal rule; golden
rule or mischief rule and purpose approach could be applied to the following situations. ( dùng
rules áp dụng vào 3 trường hợp dưới)
 Tobey is caught in an exam room receiving instructions over a mini radio hidden in his shirt.
 Giair thích theo literal rule: Mini radio có phải maays cái trên không? ( thường thì mini radio dùng
để giải trí chứ kp để hỗ trợ ( sử dugj với cách phổ biến)
 Golden rule( nếu rule mơ hồ mới đc áp dụng) -> nói qua nhưng mà trong bài này thì k áp dụng
đc vì đã chỉ rõ rule
 Míchef rule( chú ý vào purpose của nhà làm luật là gì -> chống lại hành vu gian lận): có gian lận
trong trường hợp này
 Purpose approach ( ý định của nhà làm luật, giống mischef nhma rộng lớn hơn), có thể nói áp
dụng mischef và purpoae approach rule,…
 Trong business law, có luật “ ejusdem generis rule” ( khi b giải thích từ thì phải giải thích cùng
với sự tương thích cái mà viết đằng trước): aids relevant phải có sự tương thích với 3 từ đằng
trước nó ( điểm chung: văn bản được viết ra -> nếu vậy thì radio được ghi dưới dạng âm thanh
nên k đc xem xét là aids relevant -> k có tội
 Chrisia accidentally leaves notes in her pocket when she enters the exam room. Thirty minutes later
she realises what she has done and hands them to the exam monitor.
 Literal rule: có vi phạm vì là dạng notes
 Mischef: khồn vi phạm không có ý nghĩ để gian lận
 Ejusdem generis:

 Demi writes down some notes during an exam. She finishes early and leaves the notes on her desk.
Loy, another exam candidate, is caught reading them.

LO2 Illustrate the potential impact of the law on a business.

4. (P3) Fifteen-year-old Tanya entered an 'apprenticeship' contract for three years which required
her to train 12 hours a day, seven days a week and perform only in shows arranged by Ramona,
a famous ballet teacher. In return, Ramona promised to provide Tanya with room and board and

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 £25 a week spending money. Ramona had an option to renew the contract for another three
years. When she turned 17, Tanya took up a part-time position as a cheerleader for a basketball
club and this caused her to miss some lessons and ballet performances. Ramona sued Tanya for
breach of her contract of service. Advise Tanya whether Ramona is likely to succeed in your
jurisdiction. Ignore aspects of employment law in your answer. ( contract law)
 Chủ thể kí kết hợp đồng:nature person
 Hợp đồng với vị thành niên: yếu tố độ tuổi k đạt đc -> có thể contract k có hiệu lực
( nhưng có 1 loại hợp đồng có hiệu lực cho trẻ vị thành niên khi hợp đồng mang lại lợi
ích cho chủ thể vị thành niên) -> nhưng xem xét những lợi ích đấy với conditions cái
nào lớn hơn -> nếu condi lớn hơn thì là nonbenificial contract -> hop dong không có
hiệu lực
 Bản chất là xem đây có phải benificial contract không? Nếu beni contract thì tania vi
phạm mà bị kiện thì succeed ngược lại nếu k bene thì kiện k succeed

5. (P3) Carlos agrees to transport a valuable painting from London to Liverpool for Danesh, for a fee
of £500. The painting is required urgently, for an upcoming exhibition. The day before the painting
is to be transported, the only airline flying from London has a problem with its jets, and all flights
will be grounded for a week. This is the first time such a serious problem has ever happened with
this airline. The only alternative for Carlos is to pay for a private chartered flight for the painting, or
transport it by road. Both of these options will cost more than £1000. Danesh claims that the
extra costs are Carlos’ problem, and that he will sue Carlos for breach of contract if the painting is
not delivered on time. Carlos says that the contract has now been frustrated, and a new contract
must be negotiated. Who is right?
 Issue: khi 1 sự kiện thay đổi thì liệu hợp đồng bị tác động nnao có còn hiệu lực hay
không?
 Carlos cho rằng phải thoả thuận lại còn dănesh bảo vẫn thực hiện được
 Học thuyết đặt ra hợp đồng phải fair
 Nếu tiếp tục hợp đồng thì có fair với carlos không?( không), mà vì lúc kí kết hợp đồng
cái trường hợp này chưa từng xảy ra nên carlos k thêm điều khoản vào hợp đồng

6. Maxine has worked as a teacher for the ITB correspondence school for 18 years. She controls all
aspects of the ITB bookkeeping course, which she designed and developed, although the school
has the right to vary the course. Apart from a holiday break in January, for which she is not paid,
Maxine works four days a week from 9 am to 6 pm. ITB requires Maxine to do all her work at their
office. It provides her with a computer and all the clerical equipment she needs. Maxine has a
written agreement that states she is an independent contractor. She cannot hire a replacement or
delegate her tasks to someone else without the permission of the school. She is paid her hourly
rate in a lump sum every fortnight. PAYG tax is not deducted. Maxine does not have a business
name or a company structure and does not submit invoices for payment. She has never been
paid while she is sick or on holiday. Explain whether Maxine could be entitled to teachers’ award
conditions and long service leave for her years of work with ITB.

LO3 Examine the formation of different types of business organizations.

7. Roger Flahive is the managing member of Flahive Oil & Gas LLC. To exercise mineral rights be-
neath certain real property, Flahive Oil & Gas contracted with Kaycee Land and Livestock in
Wyoming. Later, alleging environmental contamination, Kaycee filed a suit in a Wyoming state
court against Flahive and his LLC. On discovering that Flahive Oil & Gas had no assets, Kaycee
asked the court to hold Flahive personally liable. “Is a claim to pierce the Limited Liability entity veil
or disregard the Limited Liability Company entity in the same manner as a court would pierce a

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 corporate veil or disregard a corporate shield, an available remedy” against an LLC?

8. How are corporations taxed differently than LLCs?

LO4 Recommend appropriate legal solutions to resolve areas of dispute.

9. A computer systems consultant in your jurisdiction has been ordered to pay damages of £65000 to
a large furniture wholesale company for installing a faulty ordering system. The court was strongly
influenced by evidence from an IT expert that the system did not perform as it should have.
a. Which court would have heard this case?
b. Which court would have jurisdiction to hear an appeal from the decision?

10. Obtain a standard arbitration agreement form from a national arbitration organization such as the
VIAC, LCIA or SIAC …. Discuss specific features of these agreements and the factors that might
make you hesitant to submit a dispute to arbitration.

Learning Outcomes and Assessment Criteria

Learning Achieved Achieved Achieved
Pass (ticked) Merit (ticked) Distinction (ticked)
Outcome
P1 Explain different
sources of law.
M1 Evaluate the
LO1 Explain P2 Explain the role effectiveness of
the nature of of government in the legal system LO1 & LO2
the legal law-making and how in terms of recent D1 Provide a
system statutory and reforms and coherent and
common law is developments. critical evaluation of
applied in the justice the legal system
courts. and law, with
evidence drawn
M2 Analyse the from a range of
P3 Using specific potential impact different relevant
LO2 Illustrate examples, illustrate on business examples to
the potential how company, through support judgments.
impact of the employment and differentiation
law on a contract law has a between
business potential impact legislation,
upon business. regulations and
standards

M3 Analyse the D2 Critically

LO3 Examine advantages and analyse the
P4 Explore how
the formation of disadvantages of formation of
different types of
different types the formation of different types of
business
of business different types of business
organizations are
organizations business organizations.
legally formed.
organizations.

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 P5 Explain how
business
organizations are
managed and
funded.

M4 Recommend
P6 Compare and
legal solutions for
LO4 contrast different D3 Critically
resolving a range
Recommend sources of legal evaluate the
of disputes, using
appropriate advice and support effectiveness of
examples to
legal for dispute legal solutions, legal
demonstrate how
solutions to resolution to make advice and support
a party might
resolve areas appropriate for dispute
obtain legal
of disputes recommendations to resolution.
advice and
legal solutions
support.

Formative Feedback: Assessor to Student

Action Plan

Summative Feedback: Assessor to Student

The Student Is Awarded:

Choose One
(*) Referral PASS Grade MERIT Grade DISTINCTION Grade

Name Of Assessor: Date Of Assessment:

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Re-submission Feedback:

The Student Is Awarded A:

Choose One
(*) Referral PASS Grade MERIT Grade DISTINCTION Grade

Name Of Assessor: Date Of Assessment:

Feedback: Student to Assessor

Signature & Date:

* Please note that grades are provisional. They are only confirmed once internal and external
verifiers have taken place, and the final decisions have been agreed at the assessment board.
* This grade only reflects the result of this assignment, not for the whole Unit.