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.
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. You will be assessed in accordance with the Assessment Rubric.
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.
1500 words
10 references