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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

Preeti answered on Jun 21 2021
128 Votes
Discussion Questions
Week 6
a) According to the Occupiers Liability Act 1957, whenever any customer enters in a shop or store, store manager owes duty of care ensuring that store is reasonably safe and secure (Ro
ennolt & Hans, 2016). The same principle applies on Egeeay supermarket and other stores which owe a duty of care towards their customers, and, failing in recognising it, results to serious accidents and happenings. If store managers or occupiers fail in their duty of care and consumer has suffered any kind of loss on account of it, then, it makes consumer entitled for seeking recovery of losses and compensation for their injuries (Cartwright, 2012).
In a case law, ‘Argo Managing Agency Ltd v LAL Kammessy [2018] NSWCA 176’, it is found that liquid spread on the floor caused injury to customers, supermarket is under the duty of cleaning the floor in frequent time intervals. Later on, court findings and evidences showed that injury didn’t cause due to liquid on the floor, there are no evidences that liquid was on the floor (DiMatteo, Zhou, Saintier & Rowley, 2013). The evidence showed that there is proper inspection system in place, but inspection didn’t find and notice any liquid on the floor that caused injury. There was no negligence on the part of defendant as he has placed proper and adequate system in place for detecting spillages evidencing company has exercised a reasonable level of care.
) Yes, Egeeay supermarket has
eached the duty of care and violation of norm indicating store policy of conducting checks in every 15 minutes of the floor in the fruit section. Beside violation of the norm, store manager is found as guilty of negligence as he is not adequately informed and updated as how long grapes had been there, how it reached there and other aspects. No idea and information on the part of store manager proves his negligence on the part of fulfilling duty of care. The plaintiff has seriously injured in his attempt of purchasing and procuring products from aisles of supermarkets (Williams, 2017). The plaintiff’s filing of liability lawsuit against the store claiming the fact that Egeeay store manager is highly negligent in providing safe and secure shopping area to the plaintiff. In support of plaintiff’s claim, there are several evidences cited as Egeeay supermarket failed in fulfilling and complying with standard operating procedures which requires store to adhere with cleaning protocols and safety norms. A supermarket has an ‘affirmative duty’ to provide every customer with cleaned floor and reasonably focussing on store’s cleanliness, safety and hygiene. All these evidences led plaintiff in succeeding claim against the supermarket and recovering personal injury compensation award and reimbursement for the financial losses incu
ed to him (Clarke, 2013).
c) If Ba
ara slipped on some grapes in the fruit section of the store, she is entitled for claiming damages from supermarket. When entering and making purchases from store, it is the responsibility of store manager ensuring that every section and department of the store is clean, safe and free from any kind of spillage. The store manager is under the duty of conducting safety checks in frequent intervals as a proactive step for customers’ and passengers’ safety. No matter whether Ba
ara has made shopping in pet section or fruit section, it falls in prime responsibility of store manager of keeping store free from any risks and defects (ACCC: Consumers' rights & obligations, 2018).
Week 7
According to Australian Consumer Law, manufacturer’s, suppliers and distributors of consumer products are liable for any losses and injuries caused to consumer by purchasing or consuming such products. ACL is a single legislation that deals and addresses consumer issues related with misleading or deceptive products, unfair contract terms, statutory consumer guarantees, and any unfair practices regarding product safety and manufacturer liability (Fairweather, O'Shea & Grantham, 2016). ACL sets out clear obligations on the part of manufacturer for damage or loss incu
ed to consumer from
each of consumer guarantees. According to ACL, companies and manufacturers are under mandatory obligations of becoming aware that a consumer good that...
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