Critical analysis of the business judgement rule

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Reference no: EM131171956

Capstone Report Assessment Criteria-

Instructions and requirements

? The final project report is worth 100% of the total marks available for this course.

? The final project report is to be written as a Microsoft Word document, in essay style, using Times New Roman font 12, and 1.5 or double line spacing.

? The latest version of the Australian Guide to Legal Citation is to be used. A copy is available on the USQ Library web page.

? The maximum word count, excluding footnotes and bibliography, is 7,000 words for LAW4401 ("Capstone) and 10,000 words for LAW5323 ("Advanced Research Project").

Criteria-

Part 1:

? Scope and relevance of research question explained in introduction

? Research question addressed in report as a whole

? Report contains argument in support of conclusions, recommendations, or outcomes

? Answer or response to research question stated in succinct concluding section

Part 2:

? Independent research into existing literature

? Literature relied upon is relevant to research question

Part 3:

? Evidence of analysis of relevant issues and information under discussion

? Critical evaluation of competing considerations, arguments, principles, and values (as appropriate)

? Application of theoretical knowledge to problems identified in research question

Part 4:

? Demonstrates understanding of specialised area of law, or of interlinked areas of law

? Author's personal reflection on the question and on the answers proposed

Part 5:

? Report structure and overall presentation: clear, logical, coherent, readable

? Grammar, syntax and clarity of expression

Part 6:

? Use of footnotes and citations (following AGLC).

Draft Topic -

A Critical Analysis of the Business Judgement Rule under the Australian Corporation Law

Introduction

There have been many large businesses which have collapsed unexpectedly to cause irreparable damage to the investors worldwide in recent years. The most recent and larger cases are those of the fall of the mighty U.S.-based Enron International and the Australian firm, HIH Insurance. These cases shook the faith of the stakeholders in the ability and the intention of the directors who were in charge of the operation of these enterprises. These cases have also made it harder for the directors to negate the fiduciary duty imposed upon them by the law. For instance, according to the 1997 Directors' Duties and Corporate Governance prepared by the Commonwealth of Australia, 'There has been increasing debate in Australia about the standard of corporate governance, particularly in light of the experiences of the late 1980s. On the one hand, there have been calls by investor and shareholder groups for greater accountability by directors. On the other hand, directors have been demanding greater certainty in respect of their potential liabilities having regard to notable corporate civil litigation cases.

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Attachment:- Draft.rar

Reference no: EM131171956

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