LLM Company Law coursework
The question:
As a separate legal entity, the courts to a very large degree will allow companies to operate as they see fit within the boundaries of the lawThe courts are very protective of the Salomon decision and the corporate form. Without it, company law would virtually collapse as limited liability would no longer act as an incentive for investors to be able to restrict the risks associated with their passive investment; the consequence being the grinding to a halt of the corporate-capitalist machine.
Wild, C & Weinstein, S Smith and Keenans Company Law (17th Edition), page 20.
In light of the above statement, undertake a critical evaluation of whether the decision in Salomon should continue to be welcomed or whether it is time to recognise the negative consequences of the decision and introduce reforms to this corporate model.
The Assessment Criteria – Essay
Your work will be graded taking into account all of the following criteria:
Does the response address the question?
You must address all parts of the specific question you are being asked, not only part of the question.
– Structure
Your essay should have a clear introduction identifying the issues, a middle comprising a logical and coherent argument, addressing those issues and a clear conclusion, supported by the body of the argument.
– Content
The marker will be judging your work on whether you have:
properly identified the legal issues and attached appropriate emphasis to them
stated the law accurately and in appropriate detail
made good use of the supporting law
only included relevant material
demonstrated an ability to summarise at a complex level
critically assess the present legal position
Remember that an essay is more than a description or narrative of a particular debate or issue. You will be judged on whether you can evaluate the arguments and arrive at your own conclusions in such a way as to demonstrate an appreciation of the wider implications of the question being posed. Arguments which are fresh and original will be rewarded.
– Sources
You should provide full and accurate referencing, and a bibliography acknowledging all sources used. Be sure not to plagiarise from any source
– Presentation
Credit will be given for a succinct and fluent writing style. Illegible material will not be given credit, and poor use of English will be penalised especially where it makes the sense ambiguous or meaningless.
