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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
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
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 13, 2021 HI6027


Harshit answered on Jun 17 2021
147 Votes
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Issue involved: In the aisle 3 of the Egeeay Supermarket, Ba
ara fell because of grapes on the floor and her ankle
oke due to slipping and falling. The supermarket had a policy to check the fruit section in every 15 minutes but the where she
oke her ankle was not the fruit section. Whether Ba
ara is entitled to damages and what are the consequences.
Law: The law of torts as followed in Australia says that because of a defective product someone experiences suffering; the injured person will receive damages for the same. This is called the Product Liability (Barker, K., Cane, P., Lunney, M. and Trindade, F., 2012).
Analysis of the case: It is the responsibility of the store to keep the customers in the supermarket safe and in the given case Ba
ara's safety was Egeeay Supermarket's and its employees' responsibility. The store officials contended that they had no idea how the grapes were lying on aisle 3 and for how long they were on the ground. There was no proof that the supermarket was checking the floor on a timely basis as it claimed. More so if the officials were checking the floor regularly, then the grapes would not be lying on the floor, and Ba
ara would not have fallen and
oken her ankle. The whole accident could not have happened at all. The spilled grapes could be expected on the floor of the fruit section and the customers could be careful for the same but it was not at all expected on aisle 3. The store was liable for the entire accident.
Conclusion: The store that is Egeeay Supermarket was surely responsible in tort of negligence, and in ignoring the case of the customers in their store. This can also be verified as the store manager agrees that there were lots of spillage every day in that section of the store. It was the responsibility and obligation of the store for the maintenance and ensuring the safety of the customers. Anticipatory and preventive action should have been taken by the store.
Even if Ba
ara would have slipped in the fruit section of the store, the store would still be responsible for the accident and damages thereof. The store is responsible for the safety of the customers inside the entire store and any damages or loss to the customers inside the store is loss caused because of the store and they are liable for the same.

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