1 Assessment Task – Tutorial Questions Unit Code: HI6027 Unit Name: Business and Corporate Law Assignment: Tutorial Questions Due: Week 13: by Friday, 16 October 2020, 11:59 p.m. Weighting: 50% of...

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1 Assessment Task – Tutorial Questions Unit Code: HI6027 Unit Name: Business and Corporate Law Assignment: Tutorial Questions Due: Week 13: by Friday, 16 October 2020, 11:59 p.m. Weighting: 50% of final overall mark Purpose: This assignment is designed to assess your level of knowledge of the key topics covered in this unit. Unit Learning Outcomes Assessed: 1, 4, 5, 6, 7, 8 & 9 Description: Each week students were provided with three tutorial questions of varying degrees of difficulty. The 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 from weeks 1 to 5 inclusive and week 11 and submit these answers in a single document. Instructions: • Answer the following questions, citing relevant legal authorities (law and cases) in support of your answer. Answers not supported by any legal authorities will not receive any credit. • Legal problem-solving questions (Questions 2, 3, and 5) must be answered using the IRAC (Issue, Rule, Application and Conclusion) method taught in class. • Reference sources must be cited in the text of the report (either in-text or footnotes AND listed appropriately at the end of the assignment in a Reference List following the AGLC (Australian Guide to Legal Citation) style. • Plagiarism is borrowing the ideas or reproducing the work of someone else without acknowledging or referencing the original source. Please read the attached Academic Integrity Policy for further guidance. • All work must be submitted on Blackboard by the due date along with a completed Assignment Cover Page. 2 • Word counts for each answer are indicated after the question. Word count limits are strictly enforced. Anything over the word count will not be read by your lecturer. The questions to be answered are: Question 1 [from Week 1, 7 marks] Are ‘law’ and ‘justice’ one and the same thing? Discuss. (300 words maximum) Question 2 [from Week 2, 11 marks] While jogging around his suburb one morning, Pedro sees a speedboat parked outside a house. There is a sign posted on the boat’s windshield saying: “For sale $9,000, Text Andres on 0409876543. Direct buyers only!” A boat lover, Pedro calls the number advertised and leaves a voice message saying that he’s happy to buy the boat for $7,000. He also leaves his return number. Andres is busy all day, and only hears Pedro’s message the next morning. He calls Pedro back; he also leaves a voice message saying that Pedro’s price is too low, but he can get the boat for $8,000. That same day, however, another buyer sees the boat and makes a $9,000 cash offer to Andres on the spot. Andres takes the money, signs over the boat’s registration papers, and the buyer tows the boat away. Pedro passes by Andres’ house and sees that boat is gone. Panicking, he listens to his voice messages and hears Andres’ message for the first time. He calls Andres right away and told him in no uncertain words that he accepts his offer. Pedro now thinks he has accepted Andres’ offer so they now have a contract. When Pedro finds out that the boat has been sold to someone else, he gets very angry. He argues that he had already accepted Andres’ verbal offer, so he had no right to sell the boat to the other buyer. Does Pedro have a valid contract with Andres and he entitled to the boat? Explain with reference to all the elements of a valid contract. (Maximum 350 words) 3 Question 3 [from Week 3, 7 marks] Samuel Finley has two children, a daughter Lee and a son Keaton. Samuel has a lovely beach house in Palm Beach. Sam is terminally ill and has been told by his doctors that he has less than a year to live. Lee knows that Keaton is their father’s favourite child and that he had been named in the latter’s will to inherit the beach house. Lee knew that since their father did not have long to live and that he was 90 years old and starting to become mentally-weak, she could pressure him to transfer the Palm Beach beach house over to her even though Samuel may not totally understand what he was signing over. So, for four months, using pressure and threats, but more often with gentle but devious tactics, Lee succeeds in convincing Samuel to sign a transfer of property transferring the Palm Beach beach house over to her. As his last act, before he dies, Samuel wants to set aside the transfer of the beach house to Lee. Advise him of his legal position. (Maximum 400 words) Question 4 [from Week 4, 7 marks] Answer the following, citing relevant legislation and case law in your answer: a) What is the parol evidence rule, and what is the court’s reasoning in applying the rule? (Maximum 100 words) b) List and explain the exceptions to the parol evidence rule. (Maximum 350 words) Question 5 [from Week 5, 11 marks] TermiFab is a steel fabrication business operating in Adelaide. The business is owned by Pedram. The business has a current 10-year lease of the factory where its manufacturing operations are run. Pedram has just been awarded a contract to supply steel frames that will be used in the building a commercial shopping centre in the Adelaide CBD. Under the contract, Pedram will start supplying steel frames to the shopping centre developer in 90 days. The construction period is estimated at 24 months, and Pedram is expected to supply steel frames for 16 of those months. Two months before the delivery date of the first supply of steel frames to the shopping centre developer, the South Australian Government compulsorily acquires the site of Pedram’s factory. The factory happens to be along the route of a new tunnel link system that the government will start building. 4 Pedram’s lessor advises him that he has to leave the premises within four months as provided by the lease contract. Pedram now has a massive problem: he must find new premises for his factory, and it might be another two to four months to establish the factory before it can start making steel frames. It is now clear that he cannot deliver the first supply of steel frames to the developer in time. Pedram comes to you for advice. You are expected to advise on whether his contract to supply the steel frames with the shopping centre developer can be discharged by frustration. You must cite relevant provisions of law and cases in support of your answer. (Maximum 650 words) Question 6 [from Week 11, 7 marks] Note to students: question 6 will come from the Week 11 tutorial questions. An announcement will be posted in Blackboard in Week 11, advising which question has been selected to be submitted as part of this assessment. Submission Directions: The assignment will be submitted via Blackboard. Each student will be permitted only ONE submission to Blackboard. You need to ensure that the document submitted is the correct one. 5 Academic Integrity Holmes Institute is committed to ensuring and upholding Academic Integrity, as Academic Integrity is integral to maintaining academic quality and the reputation of Holmes’ graduates. Accordingly, all assessment tasks need to comply with academic integrity guidelines. Table 1 identifies the six categories of Academic Integrity breaches. If you have any questions about Academic Integrity issues related to your assessment tasks, please consult your lecturer or tutor for relevant referencing guidelines and support resources. Many of these resources can also be found through the Study Sills link on Blackboard. Academic Integrity breaches are a serious offence punishable by penalties that may range from deduction of marks, failure of the assessment task or unit involved, suspension of course enrolment, or cancellation of course enrolment. Table 1: Six categories of Academic Integrity breaches Plagiarism Reproducing the work of someone else without attribution. When a student submits their own work on multiple occasions this is known as self-plagiarism. Collusion Working with one or more other individuals to complete an assignment, in a way that is not authorised. Copying Reproducing and submitting the work of another student, with or without their knowledge. If a student fails to take reasonable precautions to prevent their own original work from being copied, this may also be considered an offence. Impersonation Falsely presenting oneself, or engaging someone else to present as oneself, in an in-person examination. Contract cheating Contracting a third party to complete an assessment task, generally in exchange for money or other manner of payment. Data fabrication and falsification Manipulating or inventing data with the intent of supporting false conclusions, including manipulating images. Source: INQAAHE, 2020 If any words or ideas used the assignment submission do not represent your original words or ideas, you must cite all relevant sources and make clear the extent to which such sources were used. In addition, written assignments that are similar or identical to those of another student 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 suspension 6 of enrolment. The penalty would be dependent on the extent of academic misconduct and your 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 please refer to your Discussion Board for the unit.
Answered Same DayOct 03, 2021HI6027

Answer To: 1 Assessment Task – Tutorial Questions Unit Code: HI6027 Unit Name: Business and Corporate Law...

Riddhi answered on Oct 10 2021
140 Votes
Answer to Question 1
Law is defined as the set of rules of conduct as enforced by state, if not followed lead to penalty. Adhering to the legal obligations are the responsibility of every individual. In case legal obligation not followed, shall be considered as offence that is punishable. Law is construed and formed to ensure justice to everyone and punishment to those who do not follow the law. One of the objectives while forming law is also to ensure that freedom to all
is provided.
Justice has no predefined meaning. The definition of justice changes with the application of law and the definition changes with to whom it applies. Justice to normal people would mean punishment or fine to any offence to the person who committed the offence. Justice could be Social, political or in any other form. To lawyer’s justice could mean resolving disputes between both the parties, to philosopher it means adhering to the moral values, to accused it means punishment that may be just and equitable. The definition of justice is not something that can be easily defined but changes with change in circumstances.
Law is implemented and amended overtime to ensure justice is provided to all the citizens of the country. Law enacted in parliament is to ensure protection to the society, their relationships, human behavior, and control on individual actions. Law is created to ensure that a climate of social order is maintained in the society where everyone is supposed to behave in an ethical manner. Law is created to ensure that justice is provided to all individuals who are aggrieved by the people that do not follow law and order and create an environment that is not favorable to the society. Justice is a tool to set an example in the society for everyone to follow law and order and behave in a particular way.
Answer to Question 2
Issue
The issue is there is a communication between Pedro and Andres regarding sale of speed boat in the stage of negotiation. Pedro gave an offer of $7000 to Andres which was not accepted by Andres and a counteroffer of $8000 was offered to Pedro. Before the acceptance of offer by Pedro, Andres got another offer of $9000 on the spot cash which was accepted by Andres and the boat was sold. The issue is Pedro thinks that he had accepted the offer and Pedro thinks that there is a contract between Andres and Pedro Already.
Rule
A valid contract is a contract where there is an offer and acceptance to the offer. A valid contract is where there is an intention to enter into an agreement for a consideration. There should be reasonable consensus between both the parties in offer and acceptance. Any agreement between two parties that is ambiguous or vague in nature does not become enforceable. One of rules relating to offer is it should be accepted to become an agreement. One of the rules relating to acceptance is it should be conveyed by someone with authority and cross offer does not mean that offer is accepted.
Another important factor in a valid contract is consideration. There should be consensus between both the parties in respect of consideration and the consideration should be exchange against the promise to sell, that is only when the agreement becomes enforceable.
Case law
Case law Pharmaceuticals society of great Britain v Boots stated that all the items on the self are available for sale but till the time the customer does not bring it in the cart to the cashier for purchase of material and makes payment and the same is accepted against the sale of product, it is not said to be valid contract.
Similarly, in the case law of AGC (Advances) V McWhirter it was stated that auction is merely an invitation to buy a particular product but not an obligation till the time offer is accepted by both the parties against consideration
Application
Petro thinks that he has accepted the offer made by Andres, but the same was not communicated to Andres nor consideration was paid to create an obligation to sell the product. Andres agreed to sell the product to Pedro at $8000 but before he could accept the offer and transfer consideration, Andres got another offer of $9000 against cash. The offer made by Andres is just an offer and not an agreement as the offer is yet not accepted by Pedro. The contract between Pedro and Andres is an incomplete contract but that of Andres and new buyer is that of a valid and complete contract.
Conclusion
The contention of Petro is not correct of already entered into contract. The acceptance and consideration two important components of a valid contract was not present.
Answers to Question 3
Issue
Samuel has two children Lee and Keaton. Samuel is terminally ill and is willing to transfer the beach house held by him at palm beach to his son Keaton. Lee...
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