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Assessment Task – Tutorial Questions Unit Code: HI6027 Unit Name: Business and Corporate Law Assignment: Tutorial Questions 1 Due: 11:30pm 29th May 2020 Weighting: 25% Total Assignment Marks: 50 marks...

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Assessment Task – Tutorial Questions

Unit Code: HI6027

Unit Name: Business and Corporate Law

Assignment: Tutorial Questions 1

Due: 11:30pm 29th May 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 1 to 5 inclusive and submit these answers in a single document.



The questions to be answered are:

Week 1
Explain the distinction between Exclusive Powers, Concu
ent Powers and Residual Powers, which are
outlined in the Australian Constitution. Give an example of each power. (10 marks, maximum 300
words)


Week 2
You are in the train station waiting for your train to a
ive. You see a vending machine from where you
can buy snacks and chips for $3.50. Posted on the machine is a sign saying: “Property of XYZ
Vendsolutions Pty Ltd”. You insert the coins required into the machine and out comes a packet of
chips. However, when you open the packet of chips, you find bits of plastic inside and you don’t want
to eat the chips. You want your money back.

Required:
With reference to the essential elements for the formation of a contract, explain:
a) Did you enter into a contract in this scenario? (5 marks, maximum 500 words)
) If your answer is yes, with whom did you enter a contract? (5 marks, maximum 150 words)


Week 3
What are the common law rules regarding contracts entered into by infants, and when are such
contracts valid, voidable or void? (10 marks, maximum 300 words)


Week 4
Explain the operation of the contra proferentem rule. Is such a rule defensible in today’s business
environment? (10 marks, maximum 300 words)


Week 5
In September, Amina hired Bryan as a delivery man. Bryan was to commence work on 1 November.
On 1 October, Amina wrote to Bryan telling him that, despite their agreement, economic
circumstances were such that she no longer required his services. Can Bryan sue Amina? Explain your
answers in light of the principles learned on
each of contract. (10 marks, maximum 500 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 May 26, 2021 HI6027

Solution

Jose answered on May 29 2021
146 Votes
The University of Queensland
1
Management
Business
Business and Corporate Law
Individual
Lecturer:
Student Submitting:
Due Date: 22/05/2020
Question 1 Analysing difference between Exclusive Powers, Concu
ent Powers and Residual Powers, which are outlined in the Australian Constitution with suitable examples
Separation of powers helps for creating a responsible government and it also helps for balancing the power between different systems of government. Separation of powers helps the people for getting better services from the government and it also helps for improving the efficiency of the government. While analyzing the first three chapters of the Australian Constitution we can understand that it mainly discussed the importance and need of separation of powers. As per Australian Constitution, there exist a clear cut difference between exclusive, concu
ent and residual powers.
Exclusive powers - Exclusive powers simply mean law-making power, that the help the commonwealth for making laws protecting the interest of the people and country. Lawmaking power helps the government for implementing the right laws and regulations related to defence, tax and immigration (Aroney et al 2018,p.12). For example, income tax laws can be called as the example of exclusive powers and laws related to immigration can be also called as an example of exclusive powers
Concu
ent powers – Concu
ent powers are shared between the federal and state government. Building roads and laws related to ma
iage can be called as the example of concu
ent powers. It provides power to both commonwealth and state government for passing the laws on the same matter or issue.
Residual Powers – The powers which are not transfe
ed to the federal government and states have the complete freedom for making laws under residual power. The policies and programs for promoting the education system of a state can be called as an example of residual powers (Broadbent 2018, p.12). Residual powers help the states for making changes to the cu
ent systems and it also helps for understanding the specific needs of the people in a particular region or state.
Question 2
Regarding the essential elements for the formation of a contract, explain:
a) Did you enter into a contract in this scenario?
As per the Australian constitution, for considering contract as valid, we have to focus on the essential elements for the formation of a contract. While analyzing the case we can understand that the two parties involved in the contract entered into a valid contract. Now we can analyze the essential elements of the contract that are connected to the case study;
1. Agreement
The agreement is an important aspect related to the contract. The agreement simply means, promises or set of promises that forms consideration. While analyzing the case we can understand that the person wants chips and he approached the vending machine and put the money and he got the same, means they entered into a valid agreement. Valid agreements mainly include two aspects;
Offe
While analyzing the case study we can understand that the vending machine is offering chips at $ 3.50 and there exist two parties, the machine offering the chips and person who wants the chips. Vending machine made an offer and other people know what the vending machine is offering.
Acceptance
While analyzing the case study we can understand that the vending machine made the offer and the person accepted the offer by providing $3.50 for chips. Means both parties entered into the legal agreement
2. Capacity to contract
As per the Australian Law, the parties entered to the contract should be physically and mentally strong and they have the ability and skill to understand the different aspects related to the contract (Kim et al 2019,p.27). While analyzing the case we can understand that the vending machine does not have any problem and person is strong enough to enter into a contract
3. Consideration
Parties are entered into the contract for getting something return. The contract is not relevant without including the concept of consideration. Two parties have to get...
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