Reference no: EM132362138

PRESENTATION QUESTION LIST - CHOOSE ONE (1) QUESTION TO PREPARE SCRIPT / REPORT & PRESENT

QUESTION 1

P leased commercial office space from the lessor on the basis that D was going to occupy (sub- lease) the north-west corner of the premises. When the parties realised that the lease prohibited a sub-lease to D, and that D would not have lawful occupation, D refused to go ahead with the deal. P's expectation was that a sub-lease contract would have been made with D.

Required:
Discuss the legal circumstances of the agreement between P and D.

QUESTION 2

D agreed to lease a scenic kiosk from the P City Council for two years. After six months, a coal dump was established near the look-out which in windy conditions reduced visibility and left grime on the kiosk and the area. This led to a reduction of business. D left the kiosk and refused to make any further rent payments.

Required:
A-Discuss the basis of D's defence if sued by the P City Council?
B- Would the outcome be any different if, instead of a coal dump, a sewage disposal works had been established in the area?

QUESTION 3

The University wishes to appoint a new Vice-Chancellor and Chief Executive. It offers the job to Professor Chris Berlin of Namur University. A contract is signed on 1 June 201A, providing for a term of three years at $200,000 per year plus performance incentives. Professor Berlin is to take up her position on 1 December 201A. On 1 July 201A, Professor Berlin is seriously injured in a roller blade accident, and on the available medical advice, it is clear that she will not be able to take up the appointment until 25 April 201B.

Required:
Discuss the legal enforcement of the contract between the University terminate and Professor Berlin?

QUESTION 4

Explain the concept of fiduciary duties. To whom are such duties owed in corporate law?

QUESTION 5

Draft a corporate constitution for Happy Coffee Shop

QUESTION 6

Explain the procedures involved in choosing the appropriate structure to be used

QUESTION 7

Discuss the significance and operation of the business judgment rule.

QUESTION 8

Discuss the scope of the fiduciary duties of loyalty and good faith at general law and under the CA (Cth)

QUESTION 9
Discuss the meaning of corporate governance and the role of law in the corporate governance debate

QUESTION 10

Discuss the manner in which the standard of care is measured and applied to directors and officers

QUESTION 11

During a miners' strike, the coal mine owner requested police protection for the ‘safety men' who maintained the mine and without whose services the mine would be flooded out. The authorities considered that mobile controls calling from time to time at the mine would be enough to prevent trouble. The parties eventually agreed that a force of police would live at the mine, but that their services would be paid for at specified rates. After the strike ended, the owners refused to pay.

Required:
Discuss the legal circumstances of the owner and the police.

QUESTION 12

Write a short letter of advice to a client whom has approached you, about which structure would be best suited to the client setting up a small coffee shop.

QUESTION 13

List the most important principles and recommendation about Corporate Governance

QUESTION 14

Two songwriters (P), members of the English pop group Fleetwood Mac, signed a publishing agreement with a music publisher (D) on a standard printed form. Under the agreement, P assigned to D the copyright throughout the world of all their compositions for a period of five years. P agreed to deliver to D a minimum of one complete musical composition per month and D agreed to promote P's compositions to the fullest. However, D gave no positive undertaking to publish any of their works. The pop group split up and P commenced work under a new management. The group, now working in the United States, has recorded a new album of P's music. The original publisher, D, seeks to restrain the sale of the new album in the United Kingdom.

Required:
Discuss the legal enforcement of the original agreement?

QUESTION 15

Sara was a TV host under contract to Program A. She breached her contract with Program A and contracted to switch to Program B. Sara's contract with Program A contained negative covenants to the effect that she would not act as a presenter for anyone else.

Required:
Advise Program A to address a solution to Sara?

QUESTION 16
Codelfa contracted with the State Rail Authority to excavate tunnels to do the concrete work on the construction of Sydney's Eastern Suburbs Railway. Various stages of the work were to be completed by certain dates, and the whole contract was to be completed within 130 weeks. Due to building noise, local residents applied for and were granted injunctions to restrain work during the night, and as a result, Codelfa could not complete the contract on time.

Required:
1. Can a term be implied into a contract to require the State Rail Authority to give an extension of time?
2. Discuss legal condition of the performance of the contract