Who of the business partners are liable for the damages

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Reference no: EM132314451

Company and Commercial Law Assignment -

Learning Objectives Assessed - This assessment task is designed to test your achievement of assessing legal risks in the area of Business Organisation and some limited contractual risks as well as non- contractual risks and obligations.

Scenario - Make sure that you answer ALL questions.

Jane and Jia are two influential bloggers who are passionate about makeup.

They saw an opportunity to make some money by selling beauty products. They decided to create their own line of lipstick - Rouge - and take full advantage of the online world to market Rouge on social media. Jane and Jia used their own monies and a loan Jane obtained from her friend, Mahit, to place an order for a small batch of lipstick with a famous cosmetics manufacturer 'Neon Lipstick'. Mahit had no interest in makeup, but he was happy to help his friend, Jane, with her start-up business.

Jane and Jia planned to recoup the monies they spent from the profits and then pay the balance to Mahit.

1) Under what type of business structure is this business running? Furthermore look at everyone who might be involved in this business, i.e. Jane, Julia and Mahit and discuss their status in regards to the business.

Give reasons for your answer; in particular support your answer by citing relevant cases and statutes.

Clarissa, one of the customers who purchased Rouge, has developed an allergy. Her lips became severely swollen as a result of using the lipstick sold by Jane and Jia's business. Clarissa visited her dermatologist on the same day, and the dermatologist advised her, upon inspecting the label of the lipstick, that one of the ingredients was a prohibited chemical in Australia and no other makeup brand uses it.

2) Discuss who of the business partners are liable for the damages suffered by Clarissa? Please make sure that you only assess the legal risks under tort of negligence.

Also support your answer by citing relevant cases.

After this event and the bad publicity, it became apparent that the business venture did not go as planned because of low sales and Jane was unable to repay Mahit. When Mahit asked for his monies back, Jane told him 'we're all in this together; I don't have to pay you back'. Mahit disagrees and he is now asking for his money back. Everyone meets and discusses how to move forward with the business. In order to make a decision they have to undertake a risk analysis.

3) They discuss

  • whether Mahit can ask for his money back;
  • how they can make their responsibilities clearer; or
  • whether they have to change their business structure.

Also support your answer by citing relevant cases.

IMPORTANT INSTRUCTIONS -

You will have to answer ALL questions. Be strategic with how many words you are writing for your answer to each of the questions. Look at the points available for those questions.

Make sure that you discuss any applicable legislative provisions and relevant case law if requested. If you need to look at particular state legislation, remember to use the one from Victoria.

Make sure to discuss all relevant elements of a legal risk.

Please do not question the facts of the scenario. There is also no need to discuss whether something can be proven or not. You have all the facts required to answer our questions.

Reference no: EM132314451

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Reviews

inf2314451

8/12/2019 3:01:24 AM

I am happy with the report. Work is plagiarism free and formatted as per the requirement. Professor was pleased to see my work questions are answered with proper justification and references are given as per the given case. Once again thanks a lot!!

inf2314451

8/12/2019 2:59:03 AM

Please strictly follow the rules as per the attached assignment sheet. Use language carefully professor will go through the assignment work thoroughly. Evaluate all the points with proper justification.

len2314451

5/30/2019 11:57:43 PM

Word Limit - Your word limit is 3,000 words including footnotes – if you ignore instructions – in TOTAL. The title page will not be counted in the word limit. Please note that the +/- 10% is already included in the word limit to make your life easier. This means that for every 300 words - or part thereof – that you go beyond the word limit you will attract a penalty of 0.5 points. This means you write 3,001 words, you get a penalty…! Style - The paper should be typed with 12 pt character – any fonts type - and 1.5 line spacing fully justified paragraphs and 3cm margins on A4 pages.

len2314451

5/30/2019 11:57:36 PM

References and Research - Cases can be referred to by just using the parties names, i.e. Donoghue v Stevenson or its commonly used ‘nickname’ such as Snail in a Bottle. Make sure that we can identify the case though. Statutes can be referred to by their short name, i.e. Partnership Act or PA. No other references are needed or should be used, in particular referencing powerpoints or the textbooks is not acceptable. The only acceptable sources are cases and statutes for this assessment. One word of caution for research – the internet - wikipedia and google – as well as outdated textbooks have proven so far to be NOT recommendable for this subject.

len2314451

5/30/2019 11:57:29 PM

Submission Details - The Final Take Home Exam can only be submitted online through TurnItIn. Note that the system does allow for earlier submission and re-submission until the due date! Also, you will NOT receive a similarity report as it might shock you, but not us because you should be referring to standard cases and legislation. Penalties for Late Lodgement - IMPORTANT Please note that according to the University’s policies a late submission of a final take home examination is not permitted. This means that if your assessment is submitted late – even one minute late - without a special consideration you will lose ALL points.

len2314451

5/30/2019 11:57:24 PM

Marking Criteria - 1. Interpretation and Analysis - Fulfils the task and answers correctly. Identifies the salient case law or statutory law. Identifies the salient arguments for and against a position. 2. Communication - Appropriate use of discipline specific language with sound understanding of the underlying concepts. Presentation format and style engaging and highly appropriate for the audience. 3. Structure - Logical flow of ideas and content in the right sections. Coherence between and within sections. Title and headings are present, clear, reflect on and relate to each other.

len2314451

5/30/2019 11:57:13 PM

4. Evaluation and Conclusion - Thoughtfully evaluates alternative points of view. Draws justified conclusions based on clearly explained reasons. 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.

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