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Advise tina whether william has breached the common law

Assignment Help Business Law and Ethics
Reference no: EM131474802

Assessment : Legal Research and Analysis Assignment

Question 1:

Discuss the legal issues arising from the article below. Refer to relevant statute and/or case law in your answer.

Article- Sage Institute of Fitness staff made redundant as company ceases trade by Eryk Bagshaw and Georgina Mitchell

Question 2:

Legal Hypothetical using IRAC

Tina and Aristotle Papadopoulos are an elderly couple who immigrated to Australia from Greece in the 1950s. They both worked very hard in their family fruit shop business in Oakleigh. Tina and Aristotle want to spend more time with their grandchildren. They are now ready to retire and have sold their fruit shop for a nice profit of $750,000.

Tina and Aristotle want to invest this money. They make an appointment to see William a financial adviser who advises clients on a variety of financial products and investments.

William recommends they invest the bulk of their money in Big Dreams Ltd by acquiring shares. Tina and Aristotle are hesitant because they have never purchased shares before. William convinces them it's a good investment and claims they will receive double their investment in 18 months.

In fact, Big Dreams Ltd is performing poorly financially and William has no basis for making these claims.

William also convinces Tina and Aristotle to take out life insurance with a particular company even though Tina and Aristotle specifically say they do not think they need this. William is keen to sign them up because he receives a $400 Coles gift card for every client he signs up.

William prepares all of the necessary paperwork and obtains the life insurance policy for Tina and Aristotle. William does not give the couple an opportunity to read the paperwork because hedoes not believeeither Tina or Aristotle would understand it anyway.

It turns out the life insurance policy is very expensive and the share investment falls through.

Required

Advise Tina and Aristotle whether William has breached the common law, the ASIC Act or the Corporations Act. Refer to remedies and defences where appropriate.

https://www.dropbox.com/s/ip3323dl2m04231/Law.zip?dl=0

Verified Expert

Please find the solution for the enclosed assignment which is based on two case studies that are provided, Total number of words are 1500 and the referencing style is cased on the AGLC format of law. All the information , provided here are correct and complete as per my knowledge.

Reference no: EM131474802

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Reviews

inf1474802

5/17/2017 4:38:25 AM

Hello! Simply needed to say a major THANK YOU for your help. The paper completely mirrored my perspectives. It was great, all around reported and interesting! Pleasant approach to think outside about the crate rather than existing conditions of two sides! I will ask for your Awesomeness again :)

inf1474802

5/17/2017 4:38:04 AM

In legal writing the preference is to use footnotes that adhere to the Australian Guide to Legal Citation (3rd edition) http://law.unimelb.edu.au/mulr/aglc/about NOTE : Supportive Material and notes will be provided once confirmed.

len1474802

4/26/2017 5:04:02 AM

Issue (10%) Identify the area of law that is relevant to the problem question and clearly describe the legal problems that need to be addressed The area of law and the legal problem/s to be addressed are identified and completely described. 2. Rules (20%) Identify the relevant legal principles and their source of authority.

len1474802

4/26/2017 5:02:32 AM

1. KNOWLEDGE & UNDERSTANDING OF THE TOPIC 50% Very thoroughly researched Effective use of materials; Comprehensive identification and discussion of issues Excellent connections between content and legal issues 2. ANALYSIS & ARGUMENT 40% Thorough analysis, deals effectively with complexity of issues Good critical evaluation of material Clear and logical structure & organisation Precise and concise writing3. PRESENTATION & REFERENCING 10% Use the English language and legal terminology with care and accuracy; correct referencing style throughout the paper. Minimal errors in expression, grammar, spelling or punctuation Full and accurate citation of authorities and sources Thoroughly edited.Issue (10%) Identify the area of law that is relevant to the problem question and clearly describe the legal problems that need to be addressed The area of law and the legal problem/s to be addressed are identified and completely described.

len1474802

4/26/2017 5:01:35 AM

2. Submit an electronic copy through the assignment Turnitin submission link on Blackboard. Turnitin is software used to detect plagiarism. 3. Please clearly state your name and student number.A bibliography must also be included. The maximum word limit is 1,500 words (Note: Your references and bibliography do not count towards the word limit.) 8. Please note information about how to obtain feedback and assistance with your assignment is available under the Assessment 2 tab on Blackboard. 9. Marking Criteria: Please refer to the marking rubric attached.

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