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, Concurrent 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 arrive. 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) b) 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 breach 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 correct 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 DayMay 15, 2021HI6027

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

Suvrat answered on May 15 2021
138 Votes
Week 1
Explain the distinction between Exclusive Powers, Concurrent Powers and Residual Powers, which are outlined in the Australian Constitution. Give an example of each power.
Ans –
Exclusive powers –
These are the powers which can only be exercised by the Federal Parliament. It contains in section 52 of the constitution. These include are of national con
cern and they are part of the specific powers but are considered and termed differently as states are excluded from legislating them. These include:
· Section 90 – The power to impose customs and excise duties
· Section 115 – Prohibits the states from minting their own coins.
Concurrent powers –
Concurrent powers are the powers in the constitution that are shared by both the federal as well as the state governments. These powers are non-exclusive and as such shared by the states. Such powers can be used side by side or simultaneously within the same state/territory/region and in relation to the same type of citizens. These powers which can be found in section 51 include:
· Trade and commerce with other countries
· Taxation
· Marriage
If there is a conflict of interest between the states and the federal or is there any inconsistency (When state law is in conflict with federal law) in these laws, then the federal laws prevail over state laws as provided in section 109.
Residual Powers –
The residual powers are the powers which are specifically given to the states and are mentioned in section 108. Only the state government has the power to make laws keeping in mind the powers provided. These are called residual because when federation was made, the powers were handed over to the commonwealth (section 51) and the remaining (residual) were given to the states. These powers include:
· Law and order
· Transport
· Housing

Week 2
Required:
With reference to the essential elements for the formation of a contract, explain:
a) Did you enter into a contract in this scenario?
Ans –
Yes, I entered into a contract in the above scenario the time when I entered the coin in the machine and received the packet of chips in return from the machine. A valid contract must have certain essential elements such as:
· There must be an offer from either of the parties
· There must be acceptance from the other party
· Presence of consideration between the parties
· Sufficient capacity of all the parties to enter into contract
· Mutual intention of the parties for the agreement to be legally enforceable.
A contract does not need to be in writing for a party to enforce its terms, and can be either in writing, verbal, implied (through party’s action) or a combination of the all.
In the given scenario, above elements are present as below:
· There is an offer from XYZ Vendosolutions Pty Ltd. in form of vending machine to buy the snacks or chips.
· I, by putting the required money, i.e. $3.50 into the machine am the acceptance of the offer.
· The amount paid above is consideration from my side and the packet of chips received from the machine is the consideration provided by the company.
· XYZ Vendosolutions Pty Ltd. has the sufficient capacity as a company to enter into the agreement whereas; I have capacity to enter into the agreement as an individual.
· Mutual intention of both the parties is present for the above agreement to be legally enforceable.
· The terms of the contract are implied as there is no written or oral but mere vending machine placed with details written on is implied that XYZ Vendosolutions has entered into the contract.
The above explanations provide valid proofs according to the elements to be presented in...
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