Foundations of company and common law

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Reference no: EM132107563

Questions

Please post any question you have in our General Discussion Forum on LMS. The teaching team will NOT answer any questions via email.

Learning Objectives Assessed

This assessment task is designed to test your achievement of assessing legal risks in the area of contractual and non-contractual risks and obligations and the Australian Consumer Law (ACL).

Scenario: No seats in the house

James wants to open a restaurant in Melbourne. He engages Lloyd Right Pty Ltd, an architectural firm, to design the restaurant interior and exterior including the layout and position of the tables and chairs. Under the contract, Lloyd Right Pty Ltd will receive $15,000 for the services rendered. Lloyd Right Pty Ltd will be responsible for all aspects of the interior and exterior design, including the ensuring the seating capacity and obtaining permits from the local council. Before signing the contract, James explains to Lloyd Right Pty Ltd's manager, you, that, in order to be profitable, the restaurant must seat at least 100 customers. You assure James that this would be the case. Yet the written contract you both immediately sign following the conversation does not mention the minimum seating capacity.

You measure the floor-space of the restaurant for the purposes of determining the seating plan. You also measure the size of the footpath space outside the restaurant as James wants some outside street-side tables in order to serve more customers and to present a good image to people who pass by.

You select a beautiful Italian-design table and chair for use in the restaurant and show James the design in a photograph. James is very impressed with the table and chair and asks you how many customers the restaurant will seat if these tables and chairs are used. You assure James that, including both inside and outside space, the restaurant will seat a total of 120 customers with the Italian-design tables and chairs. James, relying on your figure, agrees to the purchase of the Italian tables and chairs and to the rest of the design of the restaurant. You order the tables and chairs which will cost James a total of $50,000.

When the restaurant is completed and ready for opening, James finds that the restaurant only seats 80 customers and so will lose substantial profits. In fact, he loses about 40 customers per day and each customer brings in about $30.

When he informs you of this, you realise that the tables you ordered are slightly larger than standard-size restaurant tables, a fact you failed to check before ordering them.

In addition, an inspector from the local council informs James that the tables on the outside footpath must be removed as the council prohibited street-side dining, a fact you could have discovered by ringing the council, but you failed to do so.

You are sick with dread. You are worried that you have exposed your business, Lloyd Right Pty Ltd, to considerable legal risk. You are desperate to avoid negative publicity and wish to ‘make this go away', as you put it.

- Discuss what assistance/ financial compensation you would offer James if you are taking your responsibilities under contract into account. Use cases to support your recommendation but please exclude statutory law.

- Discuss what assistance/ financial compensation you would offer James if you are taking your responsibilities under tort of negligent misrepresentation into account. Use cases and statutes to support your recommendation. Please note that you have not to consider building/ planning law etc., consider only the statutes that we have covered.

- You start remembering our subject, ‘Foundations of Company and Common Law' and the topics covered there. You decide to quickly and shortly sum up possible other legal risks that you might face. Take ONE other legal risk and explain how it might be applicable here. Also make ONE suggestion as to how ANY of the risks could be better managed in the future.

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The following task is based on the analysis of the given case where Llyod Right Pty Ltd has breached the contract. James has spent suffice money for the project still company has managed to arrange 80 seats instead of 120. This case indicates misrepresentation and negligence of Llyod Right Pty Ltd alongside contract breach. Hence, to mitigate threat it is obvious for this firm to compensate James and repay his money. Moreover, in order to avoid case related to money laundering Llyod Right Pty Ltd needs to provide effective training to their employees. The following task is based on the analysis of the given case where Llyod Right Pty Ltd has breached the contract. James has spent suffice money for the project still company has managed to arrange 80 seats instead of 120.

Reference no: EM132107563

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Reviews

inf2107563

11/27/2018 12:53:04 AM

Regarding the guidelines for the assignment 1) The marking criteria on pg 6 of the pdf attached needs to be followed strictly. 2)Word limit is 1200 words. 3)Format needs to be followed and lastly give it your best shot as after this i'll be consulting you guys for another big assignment next month depending on the marks i get for this assignment. Looking forward to it. Assignment attached below. Subject name is Company and Commercial Law. 30090028_1Mid-semester Assessment.pdf Thank you for your work. 30090049_119534394 CCL.docx Refer the marking Criteria, under which refer the "very high" section criteria. Accordingly answer the questions asked in the assignment. Although, good work overall. Below i have attached the result of the law assignment which was done by you guys in which i scored 87/100. Proof is attached below. 30090058_119534394.pdf

len2107563

9/7/2018 10:46:02 PM

4. Evaluation and Conclusion Thoughtfully evaluates alternative points of view. Offers evaluations alternative points of view. of Some evaluation of alternative points of view. Superficially evaluates alternative points of view. Ignores alternative points of view. Draws justified conclusions based on clearly explained reasons. Draws justified conclusion on mostly explained reasons. Draws justified conclusions based on some evidence. Draws unjustified conclusions based on little evidence. Draws irrelevant unjustified conclusions. or Please note that the marking criteria do not carry equal weight. Furthermore, some of them might not be applicable to a particular question. So they are only indicative as to how you went overall in the assessment task not a specific question.

len2107563

9/7/2018 10:45:56 PM

3. Structure Logical flow of ideas and content in the right sections. Mostly well structured and content mostly in the right section. Used structure and content sometimes in the illogical area. Used structure though contents mostly in the wrong area. Lack of structure. Coherence between and within sections. Mostly coherent between and within sections. Some coherence between but sometimes not within sections or vice versa. Some coherence between but mostly not within sections or vice versa. Lack of coherence within and between sections. Title and headings are present, clear, reflect on and relate to each other. Title and headings are present and mostly clear, reflect on and relate to each other. Title and present, but refinement. headings require are some Title and headings may be present but require refinement and/or may not relate to each other. Title and headings are not present.

len2107563

9/7/2018 10:45:47 PM

2. Communication Appropriate use of discipline specific language with sound understanding of the underlying concepts. Use mostly discipline specific language with occasional misunderstandings in the understanding. Use some discipline specific language which is sometimes incorrect. Use some discipline specific language albeit incorrectly, lacks understanding. Use mainly lay language and understanding not communicated. Presentation format and style engaging and highly appropriate for the audience. Presentation format and style mostly appropriate for the audience. Presentation format and style sometimes engaging and appropriate for the audience. Presentation format and style lacks engagement and is mainly inappropriate for the audience. Presentation and format not engaging and not appropriate for the audience.

len2107563

9/7/2018 10:45:41 PM

Marking Criteria Very High High Pass Low Not shown 1. Interpretation and Analysis Fulfils the task and answers correctly. Fulfils the task and answers mostly correctly. Partially fulfils the task and answers somewhat correctly. Does not fulfil the task and answers mostly incorrectly or vice versa. Does not fulfil the task and answers incorrectly. Identifies the salient case law or statutory law. Identifies most relevant case law or statutory law. Identifies some relevant case law or statutory law. Fails to identify salient case law or statutory law. Fails to identify or dismisses relevant case law or statutory law. Identifies the salient arguments for and against a position. Identifies most relevant arguments for and against a position. Identifies some relevant arguments for and against a position. Fails to identify salient arguments for and against a position. Fails to identify or dismisses relevant arguments for and against a position.

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