Answer all 4 questions. HA2022 Business Law, Tri 3, XXXXXXXXXXMargaret owned an antique store that...

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Answer all 4 questions. HA2022 Business Law, Tri 3, XXXXXXXXXXMargaret owned an antique store that specialised in rare porcelain dolls. When she opened the business in 1989, it was at a shop in an eastern suburb of Melbourne. In 1999 she started to advertise on the Internet and by 2006 the business had grown to the point where she needed help to keep the business going. After a family discussion one night at the kitchen table in July 2006, it was agreed that Margaret would probably keep the business going for another couple of years and then retire.
	
Document Preview: Answer all 4 questions. 
1. Margaret owned an antique store that specialised in rare porcelain dolls. When she 
opened the business in 1989, it was at a shop in an eastern suburb of Melbourne. In 1999 
she started to advertise on the Internet and by 2006 the business had grown to the point 
where she needed help to keep the business going. After a family discussion one night at 
the kitchen table in July 2006, it was agreed that Margaret would probably keep the 
business going for another couple of years and then retire. Emily, her youngest daughter 
and aged 16, would work in the shop as long as was needed and in return, she would 
receive any unsold dolls. When Margaret retired at the end of 2009, she decided that she 
would give the unsold stock to charity and they could auction it and keep the proceeds. 
Advise Emily. 
 
2. Richard, an impoverished university student, and his millionaire father enter into an 
arrangement where Richard agrees that he will keep the front- and backyards of the 
family property mowed, and he will ‘do a bit’ to keep the gardens looking tidy. In return, 
his father agrees to pay him a weekly allowance of $200. His father had previously used a 
garden contractor to do the job and paid him $350. They live on a one-hectare property, 
and the mowing alone takes half a day a week. After four weeks, Richard’s father tells him 
that he can’t afford to pay $200 a week. He says that Richard should be doing the work 
for nothing, as it is the responsibility of the whole family to look after the property; 
besides, he says, Richard is getting free board and lodging. Advise Richard. 
 
3. Jenny received a circular from Beauty and the Beast Hair Salon advertising massages and 
manicures for $10. Realising that this was an exceptionally good deal, but not surprised 
because she knew that they had only just opened and were running a number of good 
opening specials, she rang and made a booking. When Jenny arrived at the salon she was 
told that...

David · Accepted Answer

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CASE 1: 
                   As per the given case, Emily is entitled to do whatever she wants from the unsold 
stock from her mother’s shop. The business of Margaret which was located in the eastern 
suburb in Melbourne was started in the year 1989. For the coming 10 years, i.e. from the year 
1989 to 1999, the business was running smoothly by her.  After that, Margaret decided to 
advertise her shop over the internet and many other similar places. With the help of this, 
Margaret could sell her dolls in a faster and convenient way and also people will be attracted 
to her shop because of the advertisement done by her. In spite of all this, by the year 2006, 
her business has come to that point where she had needed help in order to carry on her 
business. Therefore, it was significant from her point of view to have a discussion with her 
family regarding what is to be done with the future of the business. Therefore, in July 2006, 
she had a meeting with all her family members in the kitchen table and came to the 
conclusion that she will work for more two years in the business and then will retire. It was 
also decided that, Emily, her youngest daughter of age 16 will be working with her as and 
when required and in return she would be getting the unsold stock of dolls. But this did not 
happen. When Margaret retired, she had decided to give the unsold stock to the charity for 
auction and the proceeds from it would be kept with the charitable organization as well. 
                   Section 11 of the Contract Law Principles provides that every person can enter a 
contract if he or she has attained the age of majority according to the law.  In this particular 
situation, Emily cannot do anything in order to get what has been decided earlier in the year 
2006. This is because firstly she was not a major when it was decided and secondly, there 
wasn’t any contract signed between the daughter and the mother itself. As per the law, in the 
division VIII, clause 8, until and unless a contract is being signed between the two parties, no 
party can file a case against the other party. In this case too, there was no contract signed by 
either of the parties. And hence, the petition cannot be filed in the court. It is considered to be
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a family issue and hence it is to be sorted it out by themselves in the family. And also, the 
stock in the shop was owned by Margaret, so after the retirement, it is her wish to deal with 
the goods the way she wants. There are certain essentials of a contract which are to be 
followed by the people. These essentials include offer, acceptance, consideration, and then 
legal enforceability. Margaret did not have any kind of contract with her daughter Emily who 
was not even a major. Hence, Emily cannot take any kind of a legal action against her 
mother. “If a promise is to be enforceable it must be shown that it was intended to be a 
legally binding commitment” 
(http://www.simpsons.com.au/documents/visarts/visarts89/1Princip.pdf) 
References –  
Simpsons Solicitors. (). The Principles of Contract. Available: 
http://www.simpsons.com.au/documents/visarts/visarts89/1Princip.pdf. Last accessed 
23/5/2012 
RPEmery & Associates 2010. (). Six Fundamental Principles of Contract Law. Available: 
http://legalcontract.wordpress.com/2010/05/11/fundamental-principles-of-contract-law/. 
Last accessed 23/5/2012
http://www.simpsons.com.au/documents/visarts/visarts89/1Princip.pdf
http://www.simpsons.com.au/documents/visarts/visarts89/1Princip.pdf.%20Last%20accessed%2023/5/2012
http://www.simpsons.com.au/documents/visarts/visarts89/1Princip.pdf.%20Last%20accessed%2023/5/2012
 
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CASE 2: 
There is a family court in Australia which helps the citizen of that country to resolve all the 
family issues.

Answer all 4 questions. HA2022 Business Law, Tri 3, XXXXXXXXXXMargaret owned an antique store that specialised in rare porcelain dolls. When she opened the business in 1989, it was at a shop in an...

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