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Assessment Task – Tutorial Questions Unit Code: HI6027 Unit Name: Business and Corporate Law Assignment: Tutorial Questions 2 Due: 11:30pm 26th June 2020 Weighting: 25% Total Assignment Marks: 50...

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Assessment Task – Tutorial Questions

Unit Code: HI6027

Unit Name: Business and Corporate Law

Assignment: Tutorial Questions 2

Due: 11:30pm 26th June 2020

Weighting: 25%

Total Assignment Marks: 50 marks

Purpose: This assignment is designed to assess your level of knowledge of the key topics covered in
this unit

Unit Learning Outcomes Assessed:

1. Critically examine the main features of the Australian legal system;
2. Critically examine the foundations of Australian company law;
3. Critically discuss and apply contract and tort law in business circumstances;
4. Critically analyse the concept of corporate internal rules and management;
5. Critically discuss and apply the legal framework that regulates a company’s dealings with
outsiders;
6. Analyse the interaction between members’ rights, directors’ duties and corporate governance;
7. Analyse the procedures regarding external administration and winding up.

Description: Each week students were provided with three tutorial questions of varying degrees of
difficulty. These tutorial questions are available in the Tutorial Folder for each week on Blackboard.
The Interactive Tutorials are designed to assist students with the process, skills and knowledge to
answer the provided tutorial questions. Your task is to answer a selection of tutorial questions for
weeks 6 to 10 inclusive and submit these answers in a single document.



The questions to be answered are:

Week 6
Ba
ara was a regular shopper at Egeeay Supermarket, which was part of a large nationwide
supermarket chain. She was there at least once a week and sometimes more often if the specials were
eally good.

When Ba
ara was there this week, she slipped on some grapes in the pet-food section in aisle 3,
slipping and falling, and
eaking her ankle. The store manager was not sure how the grapes got there
or how long they had been there, but store policy was to do checks every 15 minutes of the floor in
the fruit section. The store manager indicated that there were a number of spillages every week in the
green grocery section of the store.

The store owner wishes to know:
a) Whether Egeeay Supermarket owes a duty of care to Ba
ara? (3.5 marks, maximum 200 words)
) If they do, has it
eached that duty of care? (3.5 marks, maximum 200 words)
c) Whether your answer would be different if Ba
ara had slipped on some grapes in the fruit section
of the store. (3 marks, maximum 150 words)


Week 7
Brown purchased a pair of woolen underpants from Underwear Galore in Adelaide. As a result of
wearing the underpants without first washing them, he contracted dermatitis as the underpants
contained bisulphite of soda, which it was found had been left in the underpants during the
manufacturing process. The underpants had been packaged in a clear cellophane wrap, but the
isulphite of soda couldn’t be seen on a reasonable inspection by either the retailer or the buyer.

Has Brown any remedy or remedies available to him against the retailer, Underwear Galore, under
the Australian Consumer Law? Explain what Brown has to establish in order to succeed in an action
and whether, in your opinion, he would be successful. (10 marks, maximum 500 words)


Week 8
What are the advantages and disadvantages of becoming a franchisee? Should a person considering
going into business the first time consider a franchise? Discuss. (10 marks, maximum 300 words)


Week 9
What is the significance of Salomon v A Salomon & Co Ltd [1897] AC 22? What is the ‘corporate veil’
and when is it permitted to be lifted under the Corporations Act? (10 marks, maximum 250 words)


Week 10
Tristan is considering buying shares in a company. Tristan asks you to explain to him what is meant by
the terms ‘member’ and ‘shareholder’, and the different ways in which a person may become a
member. He also asks you to explain who may be eligible to become a member, and how many
members a company is permitted to have. Finally, Tristan asks: how does a person cease to be a
member of a company? (10 marks, maximum 300 words)

Submission Directions:

The assignment has to be submitted via Blackboard. Each student will be permitted one
submission to Blackboard only. Each student needs to ensure that the document submitted
is the co
ect one.

Academic Integrity
Academic honesty is highly valued at Holmes Institute. Students must always submit work
that represents their original words or ideas. If any words or ideas used in a class posting or
assignment submission do not represent the student’s original words or ideas, the student
must cite all relevant sources and make clear the extent to which such sources were used.
Written assignments that include material similar to course reading materials or other
sources should include a citation including source, author, and page number.
In addition, written assignments that are similar or identical to those of another student in
the class is also a violation of the Holmes Institute’s Academic Conduct and Integrity Policy.
The consequence for a violation of this policy can incur a range of penalties varying from a
50% penalty through to suspension of enrolment. The penalty would be dependent on the
extent of academic misconduct and the student’s history of academic misconduct issues.
All assessments will be automatically submitted to SafeAssign to assess their originality.

Further Information:
For further information and additional learning resources, students should refer to their Discussion
Board for the unit.
Answered Same Day Jun 12, 2021 HI6027

Solution

Preeti answered on Jun 16 2021
151 Votes
Discussion Questions
Week 6
a) Egeeay Supermarket owes a duty of care to Ba
ara as incident happened to Ba
ara is genuinely avoidable. Through proper safety and cleaning procedures, the restaurant can prevent occu
ence of an accident. In the given case scenario, Ba
ara has slipped, fell down and
oke her ankle. This was due to grapes got there and not immediately cleaned-off. However, Egeeay supermarket has the policy to conduct store checks in every 15 minutes of the floor in the fruit section, but store manager failed in adequately fulfilling this duty. The negligence on the part of store manager reflected from his statement where he stated that he was not sure of how the grapes got there and how long it has been there. Also, store manager stated that there were number of spillage every week in the green grocery section of the store.
Applying the provisions of Occupiers’ Liability Act 1957, hotel retailers and restaurants owe duty of take reasonable steps ensuring that their premises and locations are completely safe and secure for customers, all cleaning procedures are been at place. If a customer faced an injury or an accident as a result of store or restaurant’s owner negligence, customer is entitled to claim compensation (Supermarket and Shop Accidents, 2020).
) In accordance with the provisions of Occupiers’ Liability Act 1957, Egeeay supermarket has
eached the duty of care, specifically the store manager. The
each of duty occu
ed as store manager failed in taking adequate reasonable steps for ensuring store safe and secure for customers and staff members. This is the result of absence of cleaning procedures at the Egeeay supermarket that fallen grapes in the pet-food section were not removed or disposed-off timely, in spite of having store policy of conducting checks at every 15 minutes of the floor in the fruit section. If this store policy is followed properly, then this accident is genuinely avoidable and customer would be prevented from unnecessary injury and physical harm to the body. The negligence on the part of store manager proved
each of duty of care of Egeeay restaurant towards customers (Jacobs & Harvey, 2020).
In a famous case law titled, ‘Fitzsimmons v Coles Supermarkets Australia Pty Ltd [2013]’, NSW Court of Appeal asked Coles Supermarkets to award nominal damages to the appellant Ms Fitzsimmons in a slip and trip claim (Fitzsimmons v Coles Supermarkets Australia Pty Ltd [2013] NSWCA 273 (29 August 2013). Ms Fitzsimmons slipped down on a wet floor in the Coles supermarket while searching aisles for a birthday cake for her daughter. NSW Court held that Supermarket’s failure of taking adequate steps caused injury, therefore entitled to compensate (Fitzsimmons v Coles Supermarkets Australia Pty Ltd [2013] NSWCA 273 (29 August 2013).
c) The answer would be the same if Ba
ara slipped on some grapes in the fruit section, regardless of the fact where Ba
ara has slipped down in the fruit section or not. The store manager and restaurant owes duty of care towards customers both in the fruit section and non-fruit section. NSW Court stated that supermarkets should have proper system of checking and cleaning the floors in every 20 to 30 minutes, along with provision of cleaning up spillages wherever applicable. However,
each of duty of care would not occur if any customer slip and fall in between this interval of 20 to 30 minutes checks.
In the given case, restaurant has the provision of cleaning the floor in every 15 minutes, but this practice is not being followed as noticed from the store manager’s statement that he is not sure how grapes got there, how long they had been there, etc. All these statements clearly imply
each of duty of care (Clarke, 2013).
Week 7
Product liability law requires manufacturers, distributors, suppliers and retailed ensuring the product available to the public are safe and responsible for any risks and injuries products cause to the public. Regardless of the fact whether manufacturer has any contractual limitations of liability, manufacturer is liable compensating damages to customers under the provisions of Consumer Protection Act (CPA) and common law of negligence. The claim of negligence is established on...
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