Great Deal! Get Instant $10 FREE in Account on First Order + 10% Cashback on Every Order Order Now

PART A: Four Step Process (25 marks) Students will be provided a case study about which they will be required to construct a coherent and logical legal argument using the four step approach. The...

1 answer below »

PART A: Four Step Process (25 marks)

Students will be provided a case study about which they will be required to construct a coherent and logical legal argument using the four step approach. The assignment will require students to apply relevant legal concepts and principles to analyse and solve the legal issues arising in the case study by explaining and applying their knowledge of the legal principles and rules arising in Australian legal system:Topic three to five inclusive.

Please note also that the information contained in the course materials (the Source Book computer based tutorials and seminar materials) are sufficient when completing your assignments. It is not necessary to research beyond these materials for the purpose of completing assignments.

Marking Criteria

Students are assessed on their ability to explain and apply their knowledge of the relevant principles and rules of law using the four step process. Briefly that process is:

1. Identify the legal issue 2. Explain the relevant rule/s of law using authority: cases and/or legislation 3. Apply the law to the facts 4. Reach a conclusion

PART B: Short Answer (5 marks)

One short answer question, worth 5 marks. This question will not necessarily relate to the case study. Part B will examinetopic 3 inclusive.

Word Limit

The assignment should be a minimum of 500 words and not exceed 2500 words inclusive of both questions (i.e. 2500 maximum in total). Please provide a word count on your cover sheet. A penalty of 10% will be imposed on assignments that exceed the word limit. Markers have discretion as to whether to apply the penalty for an additional 100 words, provided the discussion remains relevant.The assignment will not be assessed if it exceeds 3500 words and will result in a ZERO mark.

Document Preview:

Business Law 100 Assignment 2 Semester 2 2012 Bill and Ben are best mates and love to sail together. They want to turn their sporting interest into a business. They decide to start their own company called Sensational Sails Pty Ltd (Sensational Sails). Bill and Ben design and manufacture sails for all size yachts and supply wholesale to retail outlets. Their company becomes very successful and soon they need more sophisticated machinery to ensure that their business is profitable.   Ben’s cousin Marc is also in the manufacturing business, supplying plant and manufacturing equipment to factories. Marc is the sole director and marketing manager for the company EquipU Pty Ltd (EquipU). On Monday Marc approaches his cousins and offers to sell Sensational Sails new sail making machinery that has just been developed in Italy. Marc claims that the equipment will improve output and efficiency in the sail making factory by 20%. He says he is prepared to sell the equipment to them for only $50,000. Marc says the offer will end on Friday at 5pm, and acceptance could be via email, fax or post.   Bill and Ben think that Marc’s offer is a very good and one which would enable Sensational Sails to increase production and profit. Bill and Ben are keen to accept Marc’s offer, but feel that they really should try to negotiate better terms. On Tuesday Bill sends Marc an email on behalf of Sensational Sails which states: Sensational sails is very interested in your offer, however we believe that the new equipment will only deliver a 15% Return on Capital, so we are only prepared to pay you the amount of $30,000 for the machinery” Marc is at a three day conference on Tuesday, Wednesday and Thursday, so has not read his email. Meanwhile Bill and Ben have reconsidered their position and are feeling nervous that they may have missed the deal because they haven’t heard back from Marc. They decide to accept EquipU’s original offer and on behalf of Sensational Sails post Marc a...

Answered Same Day Dec 20, 2021

Solution

Robert answered on Dec 20 2021
120 Votes
Running Head: BUSINESS LAW
PAGE
1
Business Law
Running Head: BUSINESS LAW
Business Law
Name
Institution
Word Count: 1065
Part A
The Case between Sensational Sails Pty Ltd and EquipU Pty Ltd
The Relevant Principal of Law/legal issue
The legal issue or principle of law presented in the case between Sensational Sails Pty Ltd and EquipU Pty Ltd is a contract disagreement, which falls under the private law of Australian legal system (Bash, 2005, p. 27).
Explaining the Law with Reference to Rules of Authority
The owners of Sensational Sails Pty Ltd (Bill and Ben) entered into a business contract with the owner of EquipU Pty Ltd (Marc, Ben’s cousin). EquipU was to import a new Italian sail making machine and deliver to Sensational Sails Ltd for installation. The contract was agreed at a sum of $ 39,000. However, the agreement was not met since Sensational proceeded to make a payment of $ 30,000 for the machine claiming that the other $ 9,000 was deducted to cover the catering services Sensational had provided for Marc (during his wedding that had taken place six months from the time of contract agreement). On demanding full payment made, Sensational Sails claimed that they did not need to abide by the agreement terms since the contract was only made between family and friends. This resulted into contract negligence as stated by the principles and rules of law. The objective of a contract agreement is to achieve legal purpose. In this scenario, the contract agreement needs to fulfil the objectives of business transactions (Bash, 2005, p. 27).
Applying the Law to Facts
The Australian legal system contract law demands that a person or organization abide by contract agreement i
espective of the circumstances under which the contract is formed. In the above scenario, Sensational Sails Ltd fails to meet the requirements of the law. The company neglects the law because the contract is formed between family members and friends. However, this is not true since the enforceable contract between the two parties did not stipulate family or friendship conditions. This therefore implies...
SOLUTION.PDF

Answer To This Question Is Available To Download

Related Questions & Answers

More Questions »

Submit New Assignment

Copy and Paste Your Assignment Here