law reflection

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Exercise 1 (Week 3): Written communication
and problem solving skills (ILAC)
Problem solving and written communication are two
learning outcomes of Company Law (refer section 2.2 of
the course profile). They are also two generic,
employability and transferable skills covered in your
Bachelor of Commerce degree.
Problem solving and written communication are:
• Generic skills, as distinguished from technical legal or
accounting knowledge (e.g. knowing the legislation
and case law on directors’ duties);
• Employability skills because graduate employers really
value accounting students possessing these skills;
• Transferable skills because they can be used in a
variety of business situations (i.e. not just in
Company Law!).
ILAC (Issue, Law, Application and Conclusion) is a
method for teaching and learning problem solving and
written communication skills. You need to identify the
relevant legal issue(s) from a set of facts (i.e. the
problem); identify the case law and legislation which will
help you solve the issue; apply the relevant law to the
relevant facts from the question to solve the issue; and
then provide a conclusion which summarises your answer
to the issue. Your answer needs to persuade the reader
that what you are saying is correct. Persuasive writing is a
written communication skill. You persuade the reader by
justifying the statements you make when applying the law.
The reasons we require you to complete the Reflective
practice exercises this semester in Company Law are so
that you become aware of:
• how you learn;

• how you apply Company Law knowledge and skills in
practice;
• what you do well;
• what you need to improve in terms of Company Law
knowledge and skills ; and
• how exactly you can improve your knowledge and skills
in  Company Law.
The first Reflective practice exercise requires you to
answer these questions:
1 Choose an area of knowledge (e.g. contracts, torts,
consumer law, partnerships, business structures) and
a skill that you have learned (e.g. written legal
problem-solving using the ILAC method) in 2105AFE
Business Law. What exactly did you learn that you
did not know before?
2 How precisely did you learn this knowledge and skill?
3 How did this knowledge and skill relate to other concepts
in Business Law 2105AFE; other courses in your
degree programme; if you have a part-time or casual
job, how did this knowledge or skill relate to that; and
how might you use this knowledge or skill in the
future?
4 What other things could you have done in 2105AFE
Business Law to learn this knowledge and skill
better? Think about the Criteria Sheet you received in
2105AFE after your Weeks 4 and 9 Workshop
submissions. For each submission, there were
numbers on the Criteria Sheet against each criterion.
These numbers represented comments provided to
you on a General Feedback sheet. These comments
represented the feedback on your Workshop
answers in Weeks 4 and 9.  You may still be able to
access the course site on L@G.  Thinking about
these comments, and what knowledge and skills you
have already learned in Company Law, what exactly
can you do now to improve your knowledge and skills
in Company Law this semester?

Please make sure you read the instructions before
completing this exercise Maximum 400 words (total).
Please record your reflection’s word count at the end
of your submission.

Description

In the area of business structures, one of the concepts that amazed me was the concept of separate legal entity. The concept of legal entity for limited companies, posits that the shareholders have a separate legal existence from the company. This means that they cannot take up liability for the company debts as specified by s124 of the Consumer Act.[1] This means that a company is a legal person and is capable of making contracts independently from its shareholders.   Through the analysis of the case of Salomon v Salomon and Co Ltd,[2] I understood this concept well. In this case, Salomon, who was the owner of a company and a creditor, sought to recover his debt from his company’s assets.