Will the partnership be bound by this contract

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Reference no: EM132174408 , Length: word count:1500

Business and Corporate Law Assessment - Case Studies

Learning Outcomes -

1. Explain the historical foundations of the Australian legal system and the current sources of law.

2. Describe the essential elements required to create, manage and discharge a contract and the remedies available for breach of contract.

3. Explain the different ways in which a business may be carried and the advantages and disadvantages of each method.

4. Identify the reasons for choosing one business structure over another.

5. Explain the processes for incorporating, managing and winding up a company.

This assessment allows students to solve practical problems that arise from a fact scenario and to give appropriate advice to clients.

Instructions: There are three case studies that you are required to critically analyse.

With respect to each case study:

Identify the legal issue(s) arising from the facts of the case study.
Identify the appropriate legal principles that requires discussion in the case study.
Apply the law to the facts of the case study.
Reach a conclusion/ give practical advice to your client.

Your analysis should refer to appropriate cases and statutes and be referenced using the Harvard Reference system.

Case Study 1 -

Lance purchases a new ute from Mighty Motors Pty Ltd for $25,000. He tells Lynton, the car salesperson that he is a partner in a herbal products business. Lynton is aware of the business as he has read an article about it in the local newspaper.

The three partners had agreed that a car would be purchased for the business but Lance was instructed not to spend over $20,000.

Lynton is completely unaware that Lance has a purchasing limit.

Will the partnership be bound by this contract? Can the other partners take action against Lance?

Case Study 2 -

Xiaojing is keen to sell her products. The business produces a lavender and Echinacea moisturiser. The business produces an advertising flyer that states the moisturiser will 'slow the effects of ageing'. This is false.

The partnership is not happy with the Ute - they think they have bought a 'lemon'. They decide to sell the car to Saqlaim a refugee from Syria who has little understanding of English. Fast talking and charismatic Lance talks him into purchasing the car. He enters a contract with a finance company to purchase the car.

Will Saqlaim be bound by the contract? Do consumers have a remedy regarding the claims re the moisturiser?

Case Study 3 -

Felix a uni student aged 20 is keen to earn some income during the summer holidays. He is employed as a casual to pick lavender.

He will be paid $25 cash per bag.

One Sunday Xiaojing tells him that he is doing such great work she will pay him an extral $100 for work he did yesterday clearing garden beds.

She reneges on her promise and Felix is outraged. He wants to know if he can sue Xiaozing for the $100.

Advise Felix.

Use IRAC method for cases solutions.

Introduction

Rules

Analysis

Conclusion

Reference no: EM132174408

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Reviews

len2174408

11/22/2018 11:45:25 PM

Length 1500 words. Your analysis should refer to appropriate cases and statutes and be referenced using the Harvard Reference system. You will be assessed in accordance with the Assessment Rubric. Evaluation of information selected to support the case study - Systematically and critically discriminates between assertion of personal opinion and information substantiated by robust evidence from the research/course materials and extended reading. Information is taken from sources with a high level of interpretation/evaluation to develop a comprehensive critical analysis or synthesis. Identifies gaps in knowledge. Exhibits intellectual independence, rigor, good judgement and adaptability.

len2174408

11/22/2018 11:45:19 PM

Effective communication while giving advices to client - Expertly presented; the presentation is logical, persuasive, and well supported by evidence, demonstrating a clear flow of ideas and arguments. Engages and sustains audience’s interest in the topic, demonstrates high levels of cultural sensitivity Effective use of diverse presentation aids, including graphics and multi-media. Application of knowledge to practise while providing appropriate advice to clients - Demonstrates cultural sensitivity. Analyses the impact of financial, social, political, environmental issues on the business; and where relevant, as they relate to different countries where the business may operate. Critically demonstrates commercial awareness of product development/service provision and cost relationships. Holistic understanding of business and its risks. Assesses the impact of information and communication systems on the operations of the business. Critical understanding of the global market opportunities and competitive environment.

len2174408

11/22/2018 11:45:13 PM

Evaluation and Justification of Information provided to client - Systematically and critically discriminates between assertion of personal opinion and information substantiated by robust evidence from the research/course materials and extended reading. Information is taken from sources with a high level of interpretation/evaluation to develop a comprehensive critical analysis or synthesis. Identifies gaps in knowledge. Exhibits intellectual independence, rigor, good judgement and adaptability. Correct citation of key resources and evidence - Demonstrates use of high-quality, credible and relevant resources to support and develop arguments and position statements. Shows evidence of wide scope within and without the organisation for sourcing evidence.

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