Reference no: EM133079324
HI6027 Business and Corporate Law - Holmes Institute
Assessment - Case Studies on Contract Law and Corporations Law
Purpose: The purpose of the Group Assignment is 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.
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.
Instruction:
Group Report
1. This group assignment consists of 3 parts. Part A is a question on Contract Law, Part B is a question on Tort and Negligence Law and Part C is a question involving Consumer Protection Law. All questions must be answered.
2. Question A is worth 20 marks, while Question B and Question C are worth 10 marks each.
3. The total word limit for the group report is 2,000 words (+/- 10% allowed)
• Word limit for Question A - 750 words
• Word limit for Question B - 500 words
• Word limit for Question C - 750 words
Word count limits are strictly enforced. A deduction of two (2) marks will be imposed for every 50 words over the word count for either part of the report. Anything over the word count will not be read by your lecturer.
4. The total word count for the report as well as each part must be clearly written on the cover sheet of the assignment. A paper will not be marked if the word counts are not written on the cover sheet.
Assignment Questions
Part A: Contracts Law Question
• Read the Contracts Law question below.
• In 750 words (+/- 10% is allowed), answer your chosen question using the IRAC method.
• Your answer must be supported by relevant, genuine and authorised sources. A minimum of 3 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.
Ken wants to impress his girlfriend by buying her a gold Rolex watch. He goes to a jewellery shop and looks at all the different types of ladies' gold watches and notices that the price range is from $50,000 to $500,000! Ken doesn't feel well at seeing the prices for these watches being very expensive!
The shop keeper hearing what Ken had told him and why he wants to buy a ladies' gold Rolex watch, says that he has one watch which he has kept in the back of his shop. He brings this watch out from the storeroom and shows it to Ken. The watch is a ‘Rolexx' brand and it's glittering with small diamonds and gold frame and wrist band.
The shopkeeper explains to Ken that this is a one of a kind "Rolex". The extra letter ‘x' is to indicate that it's extra special. Ken is excited but at the same time worries how much this will cost?!
"Ken, just for you I will sell this watch for $500.00!"
"WOW! Really?! Cool! I will take it!" replies Ken excitedly
Ken gives the $500.00 to the shop keeper and he hands to Ken the Rolexx ladies watch. Later that evening at a restaurant, Ken surprises his girlfriend with the present. She's very happy but then she notices that the watch is not working! And she looks at it closely and sees the brand name ‘Rolexx'.
Ken's girlfriend looks very angrily at him. "Rolexx???!!!" she asks in a deep angry tone which Ken doesn't notice.
"Oh yes darling! This is a very special Rolex X watch which is the only one of its kind! Hey! I got an idea; do you want to go and see the X men movie?" replies Ken who doesn't seem to notice that his girlfriend is breathing heavily and looking very menacingly at him.
"There's no such thing as a Rolex X watch!!!!!! This is a cheap watch! It's a FAKE!" she shouts angrily at Ken and is infuriated at him and slams the watch on the dinner table and the small diamond clusters fall out. "You got ripped off! And no, I am not watching a movie with you... EVER!" she says angrily.
Ken then replies: "Are you still my girlfriend?" His girlfriend angrily and menacingly looks at Ken and screams: "AAARRRGGGHHHH!" and then storms out from the restaurant leaving Ken with the now broken ‘Rolexx' watch and also with the bill to pay for the meal.
Ken now wants to know if he has any right of action against the shop keeper that sold him the watch. If he has any rights, then what action can Ken take?
Part B: Negligence Law question
• Read the questions below on Negligence.
• 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 Civil Liability Act 2002 (NSW); 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.
Your group has formed an Accounting Practice business partnership. Your area of expertise is in Income Tax matters in Australia.
Jonathan is one of your clients and he has come to see you seeking advice on how to minimize his tax.
You explain to Jonathan of the many ways in which to reduce his tax liability. Jonathan is most impressed by what you have told him and he pays a fee for your professional advice and then carries out your suggestions on tax minimisation.
Unfortunately, you have misread the tax legislation and as a result Jonathan is audited by the Australian Taxation Office who then issues him with a tax liability of $600,000.00 plus interest.
Discuss what the consequences are to your group for giving Jonathan bad advice.
Part C: Consumer Protection Law question
• Read the questions below on Consumer Law.
• In 400 words, 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 Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 [Cth]).
Your group have been asked by Mr Sims to prepare a report that the ACCC can take against the Harvey Norman Franchisees. In your report, you must provide the following:
- The relevant section/s of the Competition and Consumer Act (Cth) 2010;
- The relevant case laws that can be referred to in support of arguing the matter at the Federal Court of Australia;
- What are the maximum penalties that the court can award against the Harvey Norman Franchisees?
Attachment:- Contract Law and Corporations Law.rar