law reflection

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Reflective Practice Exercise 1 (Week 3): Written
communication and problem solving skills (ILAC)
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.