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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

Ishika answered on Jun 17 2021
136 Votes
HI6027 Business and Corporate Law
Running Head: HI6027        0
HI6027        6
                
HI6027 Business and Corporate Law
Tutorial Questions 2
Student’s details
6/15/2020
Week 6
A) Yes, Egeeay Supermarket should have taken care of Ba
ara and it becomes her duty to take care of her. Law experts say that according to the laws laid down for supermarkets, supermarkets should comply with their duty to customers whether those customers are regular or not. Any occasion that outcomes in harm to clients visiting the store ought to be the obligation of the proprietor and owner of the market.
Any event that happens in the supermarket will be responsible for the owner of the supermarket, as in this case Ba
ara is hurt in the supermarket, then the loss of the supermarket owner must be repaid, Egeeay Supermarket has a duty of care for Ba
ara. 
The first element in establishing negligence is called the duty of care, and this case study refers to the relationships and circumstances recognized by law, and these are the facts that give rise to the legal duty of care. It can be divided subjectively according to the case study;
· Proper foresight of loss
· A part for closeness, relationship
So Egeeay Supermarket will have to take care of Ba
ara, and it is also included in the supermarket duty while Egeeay Supermarket did not fulfil its duty.
B) Yes, this case study shows that supermarket people have not done their duty well and they have violated the duty. Whatever jury will decide to solve this case, it will see that in this case there is no negligence by the owners and employees of the supermarket that if any part of negligence is found then it will come under
each of duty.
The jury also believes that if the employees of the supermarket did not fulfill their duty properly, then it can be said that this is a
each of duty. If the supermarket had known this before then this phenomenon would not have happened. If the supermarket knew that someone would be hurt by his action, then it is a matter of their duty
each.
Under the law of supermarkets, it is already mandated that a policy of investigation is made in every section of them and it is followed. The law says that the owner or manager of the supermarket must guarantee that every customer in their premises is safe, whether it comes once or regularly. In this case, it has been shown that supermarket employees could not perform their duties well and the customer was hurt.
C) Yes, my answer will definitely change under the condition that is being talked about. In this case, I will definitely follow the two-stage trial of Lord Wilberforce and use it which is as follows:
1. In its first situation, it will be checked whether the damage done was very foresighted and it will also be seen whether there was a proximity relationship between them. If all this is found in it, then the first duty of care can be seen in it. 
2. In this case, the defendant can express the idea of ​​ca
ying forward the negative liability and he can also express policy considerations for it.
And on the basis of these tests, it can be said that the policy adopted by the manager to check the floor every ten minutes was made to take proper care of the customers. Then it will not be considered a violation of the duty of care (Nottage, 2010).
Week 7
In the given scenario, Mr. Brown had purchased a pair of woollen underpants which he had been exposed to after learning about the condition of dermatitis. Bisulphate soda is used when making woollen underpants, which Mr. Brown faced with this problem due to contact. Both the seller and the buyer were not aware that it used bisulphate soda and it was wrapped by cellophane. Mr. Brown is suffering from the disease that is not the responsibility of the manufacturing company and it is free from tort negligence. Tort negligence is given...
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