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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 16, 2021 HI6027

Solution

Kalaivani answered on Jun 25 2021
124 Votes
Contents
1.    Week 6    1
1.1.    Whether Egeeay Supermarket owes a duty of care to Ba
ara?    1
1.2.    If they do, has it
eached that duty of care?    1
1.3.    Whether your answer would be different if Ba
ara had slipped on some grapes in the fruit section of the store.    2
2.    Week 7    3
2.1.    Has Brown any remedy or remedies available to him against the retailer, Underwear Galore, under the Australian Consumer Law?    3
2.2.    Explain what Brown has to establish to succeed in action and whether, in your opinion, he would be successful.    4
3.    Week 8    4
3.1.    What are the advantages and disadvantages of becoming a franchisee?    4
3.2.    Should a person consider going into business the first time consider a franchise?    5
4.    Week 9    5
4.1.    What is the significance of Salomon v A Salomon & Co Ltd [1897] AC 22?    5
4.2.    What is the ‘corporate veil’ and when is it permitted to be lifted under the Corporations Act?    6
5.    Week 10    6
5.1.    What is meant by the terms ‘member’ and ‘shareholder’    6
5.2.    Different ways in which a person may become a member    7
5.3.    Who may be eligible to become a member, and how many members a company is permitted to have?    7
5.4.    How does a person cease to be a member of a company?    7
6.    Reference    8
1. Week 6
1.1. Whether Egeeay Supermarket owes a duty of care to Ba
ara?
Duty of care is a framework that aims at fixing responsibility to ensure no one is harmed due to the negligence and carelessness of another person which otherwise would be avoided. It is also termed as a neighbor principle. The supermarket owes a duty of care to Ba
ara. It is ideally the responsibility of the supermarket to ensure the customers and other stakeholders are fine and safe when present in the store. It is the responsibility of the supermarket to design and maintain a healthy business place for customers, employees, etc. the supermarket ought to take the responsibility since it is due to their carelessness and oversight that the accident occu
ed. Ba
ara has been injured to the slip that occu
ed due to the non-maintenance of the store. This has certainly
eached the basic duty of the health and safety of the stakeholders when inside the store. In this case, it is reasonable for Babara to claim for damages since the injury occu
ed in the section that is supposed to be cleaned every 15 minutes once. At the same time, the store manager has failed to look around for cleanliness and safety. The store manager could have stopped the accident in case he has looked around for any potential danger and he missed to foresee the consequences.
1.2. If they do, has it
eached that duty of care?
The supermarket is defiantly responsible for the injury of Ba
ara and failed to act under the duty of care. The supermarket has
eached the duty of care on the following grounds:
· Ba
ara is hurt since she missed her balance due to the grapes that were laying on the store floor. Due to the slip, she has a
oken ankle. Thus a person an injured.
· The store manager or the other employees has failed to observe the grapes fallen on the ground. In case the employees of the store identified the spill and acted on the same quicky, the accident would have been avoided. The accident occu
ed due to the inaction of the store employees which resulted in an injury.
· The store employees failed to foresee the consequence of not keeping the store floor clean and neat. In case they identified the danger and constantly worked on the same, the accident wouldn't have occu
ed.
· The most responsible person in the store is the store manager. However, the most responsible and accountable person like the store manager failed to act and perform his duty. He failed to ensure the floor is cleaned every 15 minutes.

1.3. Whether your answer would be different if Ba
ara had slipped on some grapes in the fruit section of the store.
In case Ba
ara slipped not in the pet food section and the fruit section then to the supermarket is certainly as responsible and accountable as the case has been as mentioned before. The fruit section is also a part of the store and the responsibility of the store manager can't be overlooked in this case. It is the responsibility of the store to anticipate that in the greens section (either fruits or vegetables) the chances of slip leading to an injury are more common and the same should be foreseen to ensure such untoward incidents don't occur. A slip can occur at any time i
espective of how careful and attentive the individual is. The risk of slipping and causing injury certainly seeks compensation and suing the supermarket for compensation. Thus the supermarket is responsible for the safety...
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