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LAW6000_Assessment 2_Case Study Page 1 of 9 ASSESSMENT BRIEF Subject Code and Name LAW6000 Business and Corporate Law Assessment Assessment 2 Case study Individual/Group Individual Length 2000 words...

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LAW6000_Assessment 2_Case Study Page 1 of 9
ASSESSMENT BRIEF
Subject Code and Name LAW6000 Business and Corporate Law
Assessment Assessment 2 Case study
Individual/Group Individual
Length 2000 words +/- 10%
Learning Outcomes This assessment addresses the following subject learning
outcomes:
) Demonstrate a sound comprehension of the essential
elements required to create, manage and discharge a
contract and assess the remedies available for
each of
a contract;

c) Examine legal principles related to creation and operation
of various forms of business organisations and critically
evaluate their effectiveness across a range of business
scenarios.

d) Explain the processes for incorporating, managing and
winding up of a company, including key director duties,
the importance of the Corporations Act 2001 and the role
of regulatory bodies.

e) Evaluate the role of agency in contract formation for
different business vehicles and identify the associated
isks such as vicarious liability for negligent acts.

f) Employ legal skills (statute law and case law), critical
easoning and make informed judgements as to likely
legal outcomes of a range of business scenarios.
By 11:55pm AEST/AEDT Sunday of Week 10 (Module 5.2)
Weighting 30%
Total Marks 100 marks
Context:
This assessment allows students to solve practical problems that arise from a fact scenario and to
give appropriate advice to clients.
LAW6000_Assessment 2_Case Study Page 2 of 9
Instructions:
There are five case studies you are required to critically analyse.
With respect to each case study:
✓ Identify the legal issue(s) arising from the facts of the case study
✓ Identify the appropriate legal rules that requires discussion in the case study
✓ Apply the law to the facts of the case study
✓ Reach a conclusion/ give practical advice to your client.
Your analysis should refer to appropriate cases and statutes and be referenced using the APA
Reference system.
You will be assessed in accordance with the Assessment Ru
ic.
Submission Instructions:

✓ Submission is through Turnitin by 11.55 AEST Sunday of Week 10 of the relevant trimester
LAW6000_Assessment 2_Case Study Page 3 of 9
Question XXXXXXXXXXmarks)

Matilda opened an accounting business and contracted with Quick Computers Ltd to supply her
with the latest computer system by no later than April in the year.
Quick Computers Ltd was two months late in delivering and installing the system. As a result,
Matilda lost $25,000 in ordinary revenue.
However, she also lost a lucrative contract to do a one-off urgent auditing job for a busy new
client. Matilda bought the computer system expecting that it would be available to help with
these contracts.
Required
With reference to relevant legal principles use the IRAC legal problem-solving approach to advise
Matilda as to the damages that she may recover. Please explain fully, using relevant legal
authority.
XXXXXXXXXX20 marks)
Question XXXXXXXXXXmarks)
Albert runs a business which has a turnover of more than $1m. It is profitable and definitely has
good long term prospects as an accounting software distributor. Albert decides to register a
company, ‘MoneyBags Pty Ltd’, and to transfer the business into that company, which he then
plans to sell. MoneyBags Pty Ltd is sold to an investor who asks that Albert stay on as the director
and manager of the company. The investor organises a contract that requires Albert, as part of
the purchase of his company, to promise not to compete against the company in any capacity
within a 25 kilometre radius of the company’s location. Albert is also required to promise that he
will not use any of the intellectual property or trade secrets of the company in any other
enterprise. Albert signs the agreement.
Albert leaves the company after only 6 months employment due to a dispute over his working
hours. Albert’s wife registers a new company, ‘MyBags Pty Ltd’ to run an accounting software
usiness, similar to the one that Albert previously established. Albert is employed within the
company but is neither a shareholder nor director. The investor in Albert’s original company is
concerned and threatens to take legal action against both Albert and MyBags Pty Ltd.
Required:
With reference to relevant legal principles use the IRAC legal problem-solving approach to advise
Albert whether he can rightfully work for MyBags Pty Ltd and what rights the new owner of
MoneyBags Pty Ltd may have against Albert?
XXXXXXXXXXmarks)
LAW6000_Assessment 2_Case Study Page 4 of 9
Question XXXXXXXXXXmarks)
Rounder Tyres Pty Ltd was a company that conducted a tyre wholesale business. The Racer family
held all the shares in the company and Tom Racer and his wife Sally were directors. The company
had not been doing very well for some months as there was fierce competition in the tyre market.
In spite of this the board of directors kept on allowing the purchase of more tyres to store in the
warehouse. It was clear that the last few orders could not be paid when the time for payment
was due. At the time when the company was in a financially precarious position, the company
granted a 5 year lease of the premises it owned at a fixed rent substantially below cu
ent market
value to two of its directors. The lease contract included an option in favour of the tenants
(directors) to buy the premises again at a fixed price substantially lower than the market value.
The granting of the lease together with the option was authorised at a general meeting of the
shareholders of the company. Five months after the lease was granted the company went into
liquidation. The creditors are very upset as they believe the lease should not have been granted
and they want to take action against Rounder Tyres Pty Ltd.
Required:
With reference to relevant legal principles use the IRAC legal problem-solving approach to advise
Explain whether the directors
eached any of their duties owed to the company? If so discuss
the defences (if any) that may be available to them.
XXXXXXXXXX20 marks)
Question XXXXXXXXXXmarks)
Mo
is has become very interested in painting and sculpture. He works on his art ho
ies after
work and on weekends when he has plenty of free time.
Recently he became interested in the idea of cement and concrete sculpture and decided to
experiment in this field.
Last week he purchased a small cement mixer for $6,500 from Stony Building Supplies. The cement
mixer was manufactured by Concrete Bond Ltd.
After work on Friday, he set the machine up and used it as directed. As soon as he switched the
machine on he was ho
ified by the sound of a large internal explosion in the machine caused by
a faulty machine part.The machine is now in a state of disrepair.
Additionally, fragments from the machine shattered Judy’s windows. Judy is Mo
is’ next-door
neighbour. Part of the shattered glass hit Judy in the face and eye. She is now hospitalised and will
e unable to look after her elderly parents for the next few months. They rely on her for assistance
with cooking, shopping and cleaning of their home.
LAW6000_Assessment 2_Case Study Page 5 of 9
REQUIRED:
With reference to relevant legal principles use the IRAC legal problem-solving approach to advise
Judy whether she would be successful in negligence to recover compensation from Concrete
Bond Ltd Please explain fully, using relevant legal authority.
XXXXXXXXXXmarks)
Question XXXXXXXXXXmarks)
Sarah recently sold Prakash 1000 hectares of what was ve
ally described as “prime agricultural
land” for $ 850,000.
During negotiations Sarah, knowing it to be untrue, told Prakash that the land was appropriate
for all agricultural purposes.
Prakash signed a written agreement which made no mention of the purposes for which such land
might be employed (other than describing the parcel of land as “agricultural land”).
After settlement Prakash took possession of the land and it now appears that much of it is not
cleared, and without spending close to $1 million, it is probably only suitable as grazing land for
animals and unsuitable for most crops. Prakash had intended using the land to grow wheat.
REQUIRED
With reference to relevant legal principles use the IRAC legal problem-solving approach to advise
Prakash of all alternative possible legal actions in common law against Sarah. Please explain fully,
using relevant legal authority.
(20 marks)
LAW6000 Assessment 2 Case study Page 7 of 9
Learning Ru
ic: Assessment 2


Assessment Criteria
Fail
(Unacceptable)
0-49%
Pass
(Functional)
50-64%
Credit
(Proficient)
65-74%
Distinction
(Advanced)
75 -84%
High Distinction
(Exceptional)
85-100%
Evaluation of
information selected to
support the case study
Percentage or marks for
this criterion
30%
Limited understanding of
key concepts required to
support the case study.
Confuses logic and
emotion. Information
taken from reliable
sources but without a
coherent analysis or
synthesis.
Viewpoints of experts are
taken as fact with little
questioning.
Resembles a recall or
summary of key ideas.

Often conflates/confuses
assertion of personal
opinion with information
substantiated by evidence
from the research/course
materials.

Analysis and evaluation do
not reflect expert
judgement, intellectual
independence, rigor and
adaptability.
Supports personal
opinion and information
substantiated by
evidence from the
esearch/course
materials.

Demonstrates a capacity
to explain and apply
elevant concepts.
Identify logical flaws.

Questions viewpoints of
experts.
Discriminates between
assertion of personal opinion
and information
substantiated by robust
evidence from the
esearch/course materials
and extended reading.
Well demonstrated capacity
to explain and apply relevant
concepts.

Viewpoint of experts are
subject to questioning.
Systematically
Answered Same DayNov 04, 2021LAW6000Torrens University Australia

Solution

Preeti answered on Nov 05 2021
61 Votes
Running Head: CASE LAWS QUESTIONS
Case Laws Questions
Question 1:
Issue: The main issue in the underlying case is to, ‘analyse and determine whether Matilda is entitled to recover damages from Quick Computers Ltd’. Stated in other terms, legal issue is also based on analysing whether Quick Computers Ltd is liable to pay required sums or compensation amount to Matilda or not. Both the legal issues are analysed in accordance with the principles of contract law.
Rule: The provision of contract law states that formation of legally binding contract requires certain conditions to be fulfilled. These conditions are offer, acceptance, consideration, competence, capacity, and mutuality of obligation. Offer and acceptance is the basic and foremost condition of contract formation which states that offer and acceptance must be made in the specified manner. It should be done in reasonable manner, as acceptance is said to be valid only if the offeree knows and aware of the offer, also, offeree depicts an intention to accept. Also, acceptance is also expressed in unconditional and unequivocal manner as per the terms of the offer. The mode of acceptance can be oral or written, but it should be done in reasonable manner (DiMatteo and Hogg, 2016).
Application: The process of offer and acceptance happened in unreasonable manner in the underlying case. The case also not cleared the fact that whether there is oral or written agreement between Matilda and Quick Computers Ltd. It seems that there is oral agreement between Matilda and Quick Computers Ltd where Matilda asked Quick Computers Ltd to supply her with the latest computer system within the specified time period. There is no well-defined acceptance from Quick Computers Ltd regarding the contract. If it is interested in accepting the offer, then contract law requires that acceptance should be made in the reasonable manner. But, all these aspects are found to be missing in the underlying case. Quick Computers Ltd did not manifest any intention to accept, neither expressed it an reasonable and equivocal manner. The absence or improper fulfilment of norms regarding offer and acceptance in the underlying case does not raise any monetary responsibility on Quick Computers Ltd (Carter, 2013).
In a famous case law, ‘Jeffrey Ross Blue v Michael James Wallace Ashley [2017] EWHC 1928 (Comm)’, court held that plaintiff is not entitled to claim any damage or compensation on account of absence of contractual terms and conditions. In the given case, Mr Blue has made an oral agreement with Mr. Ashley that if Mr Blue could succeed in reducing share price to £8, Mr. Ashley would pay around £15 million. Later on, this agreement was cancelled and Mr Blue is not entitled to raise any allegation against Mr. Ashley due to absence of norms regarding offer and acceptance (Jeffrey Ross Blue -v- Michael James Wallace Ashley, 2017).
Conclusion: In all, Matilda could not raise any allegation against Quick Computers Ltd on account of non-fulfilment of contractual terms of supplying specified computer system in the given time frame. In order to raise allegations against Quick Computers Ltd, Matilda is expected to form a well-defined agreement with Quick Computers Ltd, also, Quick Computers Ltd is expected to show an intention to accept, and, expressing acceptance in an unequivocal and unconditional manner.
Question 2:
Issue: In the given case scenario, legal issue is to determine whether Albert is entitled to work rightfully with MyBags Pty Ltd, also, what are the rights of new owner of MoneyBags Pty Ltd against Albert?
In the given case scenario, Albert worked with ‘MoneyBags Pty Ltd’ as a director and sold it to an investor in later time. However, investor asked Albert to work in the capacity of director and manager of the company with the promise that he would not use any of the intellectual property or trade secrets of the company in any enterprise. But, Albert resigned the company only after 6 months of employment, and, joined his wife’s company named MyBags Pty Ltd. Albert’s joining his wife’s company threatened investor of Albert’s original company and he planned to take legal action against Albert and MyBags Pty Ltd.
Rule: As per the Corporations Act 2001, company’s directors owes obligations to exercise their obligations of acting as a reasonable and prudent person, and, acting in good faith in the overall benefit of the...
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