Reference no: EM132899717

HI6027 Business and Corporate Law - Holmes Institute

Assessment - Case Studies on Contract Law and Corporations Law

In this Group Assignments, students are required to:

- Critically analyse the main features of the Australian Legal System and the foundations of company law.
- Critically analyse the basic principles of Contract, Tort, and privacy law and apply them in resolving legal issues arising in commercial transactions.
- Research and advocate the appropriateness of the different types of business structures and the legal environment in which they operate and their advantages and disadvantages in various commercial contexts.

Purpose:
The Group Assignment aims to provide students with an opportunity to work in a collaborative environment in solving three case problems by citing the relevant legal rules and cases and applying these to the facts of the case.

Students are to form groups, with a minimum of 2 and a maximum of 4 students per group. The assignment consists of a 2,000-word written report.

Part A: Contracts Law Question

• Read the Contracts Law question below.

• In 1,000 words (+/- 10% is allowed), answer your chosen question using the IRAC method.

• Your answer must be supported by relevant Australian law and cases decided by Australian courts (preferably the High Court) and/or scholarly articles. A minimum of 6 genuine and relevant references are required for this part of the report.

• The full citations for all sources cited in your answer must be listed in a Reference list at the end of your report.

• In addition, any online sources cited in your answer and listed in your Reference List must include a valid hyperlink that allows access to the full text of the source.

Engaged couple Marina and Mark were the winners of a reality TV show involving racing other couples around Australia. They decided to use some of the winnings on their wedding. They checked out a number of venues and finally decided on the Grand Ballroom at the Hotel Grand Inquisitor. Marina and Mark signed a ‘wedding package' contract with the hotel, which provided for the following:

• Hire of ballroom - $15,000
• Catering (excluding cake) - $9,000
• Wedding cake (two-tier) - $500
• Honeymoon suite (one night) - $400
• Total - $24,900

The wedding reception was a happy event. However, when it came to the time to reveal and cut the cake, Marina and Mark were shocked to learn that earlier in the day a hotel waitress had clumsily dropped the specially baked wedding cake, and because there was no time to prepare another, the two-tier cake provided by the hotel was in fact two sponge cakes purchased from the local cake shop. Despite their disappointment and at the urging of the guests, Marina and Mark went ahead with the cake cutting and the cake was eaten.

When the reception finally ended, Marina and Mark retired to the honeymoon suite. However, they soon discovered that the hotel was carrying out around-the-clock renovations to the nearby presidential suite to cater for an overseas dignitary who had decided to stay at the hotel. These renovations made the honeymoon suite vibrate, made incessant noise all night and led to dust entering the air-conditioning. Marina and Mark gave up on the room at 1:00 a.m. and went and checked into another hotel. On the way out of the hotel, Mark told the night manager that the night had been a disaster and that the hotel ‘would not be getting a cent more out of us'. They also said they would be talking to their lawyer in the morning.

Advise Marina and Mark:

(a) Whether they were entitled to cancel the contract as they purported to do;
(b) What damages (if any) they are entitled to recover from the hotel;
(c) Whether they are able to recover the $5,000 advance that they paid the hotel.

Consider the position under common law contract principles only. DO NOT answer this question based on Statute Law (such as the Australian Consumer Law.

Part B: Corporations Law question

• Read the questions below on Corporations Law, specifically Agency.

• In 600 words (+/- 10% is allowed), answer the chosen given question.

• A minimum of 3 genuine and relevant Australian legal references are required for this part of the report. Examples of relevant references for this question include the Corporations Act 2001 (Cth); Australian cases; and Australian law textbooks.

• The full citations for all sources cited in your answer must be listed in a Reference list at the end of your report.

• In addition, any online sources cited in your answer and listed in your Reference List must include a valid hyperlink that allows access to the full text of the source.

RJ Booker, a real estate firm based in Milsons Point, Sydney, emailed Mimi. Mimi had a friend working at RJ booker and she told her that she wanted to sell her unit. The unit was located at the 19th floor of a modern apartment building located in Milson's Point, almost beside the entrance to Luna Park.

Gustavo, the franchisee and principal of RJ Booker in Milson's Point, asked Mimi if the firm can be her exclusive agents in the sale of her unit. Gustavo explained that if they located a qualified buyer, RJ Booker would be entitled to the standard Real Estate industry commission rates for agents. Currently, this was about 3 percent of the purchase price. Mimi agreed and signed the agency contract.

Within five days, Gustavo called Mimi and told her that he had found a buyer for her unit, Alisa. Alisa had told Gustavo that she was ready to buy Mimi's unit "as per contract" and "depending on the result of a property inspection". The very next day, Mimi received an email offer from a third party and she immediately accepted it without informing RJ Booker. When Gustavo found out, he insisted that Mimi should pay them a commission based on the selling price of the unit, stating that they did their job and found a good buyer for the unit. Mimi told Gustavo to get lost and that she will not pay their commission.

Advice Gustavo on whether Mimi was legally right in not wanting to pay RJ Booker a commission on the sale of her unit.

Part C: Corporations Law question

• Read the questions below on Corporations Law, specifically on Companies and Incorporated Associations.

• In 400 words (+/- 10% is allowed), answer the chosen given question.

• A minimum of 3 genuine and relevant Australian legal references are required for this part of the report. Examples of relevant references for this question include the Corporations Act 2001 (Cth); the Australian and Securities and Investment Commission's (ASIC) website, the website of the Australian Business Register's (ABR) website.

• The full citations for all sources cited in your answer must be listed in a Reference list at the end of your report.

• In addition, any online sources cited in your answer and listed in your Reference List must include a valid hyperlink that allows access to the full text of the source.

Gary Olsen, known affectionately as "Gazza" or Gazzarooney" by his mates, is the Group Head for Corporate Finance in a boutique investment bank called "DA Bank Limited". There is a term in Gazza's employment contract, which he signed on 15 February 2020, providing as follows:

Prohibition on client contact. In the event that your employment with DA Bank Limited ceases for whatever reason and howsoever caused, you explicitly agree and undertake not to contact clients of DA Bank through whatever means. This includes contact by phone, email, mail or any other common means of communication. This prohibition will last for 3 years upon the cessation of your employment with the bank.

Gazza resigns from DA Bank on 1 March 2021. He is later recruited by his good mate Colin Taggart, who is the Chief Executive Officer of a merchant bank called "Tag Bank Limited". Upon joining, Colin immediately appoints Gazza to the same position that he held with DA Bank. Gazza then starts calling some clients of DA Bank that he had dealt with when he worked there.

DA Bank now wants to take legal action against Gazza. Explain to DA Bank the grounds, if any, on which it can take legal action to stop Gazza from contacting the bank's clients.

Attachment:- Business and Corporate Law.rar