ASSESSMENT TEMPLATE___________________________________________________ Subject Title Business Law and Governance Subject Code MGT809 Lecturer / Tutor Dr Stephen Treloar & Karen-Anne Nathan Semester T1...

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Please read the assignment brief. References must be clear and correct ( not more than 5years old ). DONT JUST COPY STATEMENTS FROM THE INTERNET AND GIVE REFERENCES, try to explain the statement first and then give reference to the line. Also, need a turnitin report with the solution. Thank you!


ASSESSMENT TEMPLATE___________________________________________________ Subject Title Business Law and Governance Subject Code MGT809 Lecturer / Tutor Dr Stephen Treloar & Karen-Anne Nathan Semester T1 2021 Assessment Title Take Home Exam (Official) Learning Outcome/s a, b, c, d Assessment type (group or individual) Individual Weighting 50% Word count 2000 words Due date Class submission Lecture ☐ Tutorial Submission type Paper copy ☐ Turnitin √ Assessment instructions Please complete ALL questions in a word document and then upload your document to Turnitin. Each question should be clearly labelled.  There are 3 sections for this assessment: PART A. 1 Short Answer (10 marks) PART B. 2 Long Answers (40 marks) PART C. 1 Case Study (50 marks) TOTAL MARKS = 100 TOTAL WORDS = 2000 If using sources, you MUST reference as per Style Guide. PART A (10 MARKS IN TOTAL) 1 SHORT ANSWER QUESTION Question 1 (10 marks)(200 words) Frank owns and runs a golf shop called GolfPro. He operates as a sole trader. He decides to invite Bill, a long-time friend and ex-professional golfer to join him in business. Frank has plans to expand GolfPro to include a larger range of golf equipment and offer golf lessons to those interested. Frank and Bill would like to form a company although they are open to any other suggestions on how best to structure their business. Compare and contrast the advantages to Frank of operating as a company as opposed to remaining a sole trader or forming a partnership. PART B (40 MARKS IN TOTAL) 2 LONG QUESTIONS Question 2 (20 marks)(400 words) Mark entered into a contract with Harbour Pleasure Cruises Ltd (HPC) for the purpose of hiring one of HPC’s cruise boats, The Himalaya, between the hours of 7pm on 31 December 2018 and 3am on 1 January 2019. At the time of contracting Mark advised HPC that the purpose of the hiring was so that Mark and his wife Wendy could have a romantic evening on Sydney Harbour in celebration of their tenth wedding anniversary, and so that they could also have a prime position to view the fireworks display that was to be held that evening as part of the celebrations welcoming in the year 2019. The agreed hiring fee was $5,000, which was paid on the date of signing the contract. In return for that fee HPC was to provide the cruise boat, The Himalaya, a licensed captain to drive the boat, and a chef to prepare a set meal for Mark and Wendy. When Mark and Wendy turned up at the appointed time to begin their cruise on The Himalaya, HPC advised them that they were unable to carry out their contract with Mark because they had hired the boat to another person earlier that day. In relation to the above facts: 1. What damages, if any, would Mark be able to recover from HPC for breach of contract? (8 marks)(160 words) 2. Does Wendy have any claim against HPC? (5 marks)(100 words) 3. Would your advice in (1) above be different if, on the day that Mark and Wendy turned up to begin their cruise, they were advised by HPC that the cruise could not take place because on the previous day The Himalaya had been destroyed by terrorists? (7 marks)(140 words) Question 3 (20 marks)(400 words) A business can invest in a socially responsible as well as a socially irresponsible manner. Appraise this statement by comparing and contrasting both types of investing. You should also provide examples of both. PART C (50 MARKS IN TOTAL) 1 CASE STUDY Question 4 (50 marks)(1000 words) The Friendly Grocer (TFG) is a nationwide chain of small supermarkets operating throughout Australia and New Zealand. There are 297 stores located in Australia most of which are situated in small shopping centres. Each individual TFG store is owned and operated independently. TFG’s slogan is “Just around the corner” and prides itself on being local and accessible to its community. A lot of TFG’s customers are older who prefer to shop local avoiding the need to travel into larger shopping centres to do their groceries. Charles is a 65-year-old gentleman who undertakes his regular shopping at his local TFG in Neutral Bay. TFG Neutral Bay operates as a sole trader and is owned by Maria Bertoni. Charles usually does his shopping every Monday morning and buys enough groceries to sustain him for the week. On Monday 15 February 2021, Charles attended the store. It was a particularly wet day in Sydney. In fact, the whole month of February had been particularly wet with Sydney experiencing higher than average rainfall over the past 6 weeks. Charles took his umbrella with him on this particular day. When Charles attended the store, he noticed there was no place for customers to leave their wet umbrellas at the front of the store. He noticed other customers either walking through the store holding their wet umbrellas or had them placed in their trolleys. Charles decided to take a trolley and placed his umbrella at the front of his trolley. Charles began shopping and headed to aisle 2 to purchase some pet food for his cat. As Charles walked down the aisle, he noticed the floor was very wet and slippery. He then suddenly slipped and fell backwards hitting his head and injuring his leg. An ambulance was immediately called as Charles was unable to move and appeared to be confused, dazed and in pain. On admission to hospital, Charles was assessed as suffering from concussion and a broken leg. He was required to undergo surgery on his leg and was required to be in plaster and use crutches for a period of 6 weeks. He is also experiencing ongoing memory problems as a result of the fall. Since the incident, Charles has been unable to return to his pre-accident part-time employment as a gardener for the local Council. On investigation, it was found that TFG had no signs to indicate the floor was wet and provided no place for customers to leave their wet umbrellas on the day of Charles’ injury. Charles is considering suing Maria Bertoni for $350,000 for pain and suffering, loss, medical expenses and loss of income. Advise: 1. Charles of any claim he may have against Maria Bertoni, the owner of TFG Neutral Bay including what remedy he may seek. (30 marks)(600 words) 2. Maria Bertoni of any defence(s) she may raise and the effect on any damages if successfully argued. (15 marks)(300 words) 3. Maria Bertoni of her personal liability if the Court finds she acted negligently. (5 marks)(100 words) In your answer, you should consider all elements of a claim in negligence and the relevant legislation. END OF EXAM Page 3 of 7
Answered 5 days AfterApr 25, 2021MGT809ICMS (International College of Management Sydney)

Answer To: ASSESSMENT TEMPLATE___________________________________________________ Subject Title Business Law...

Angel K answered on Apr 30 2021
133 Votes
PART A
QUESTION 1
In the given case, Frank is already running a sole proprietorship form of business for the sale of golf related merchandise. However, he is planning to invite one of his friends, Bill to the business. In addition to that, they are also planning to upgrade their business and also to convert the entity into a company. As per the plans, Frank is intending to e
xpand the business to a whole new level by increasing their inventory. He also plans to step into the platform of golf training as Bill is an ex-professional golfer.
Even if there are so many options like a partnership firm, Frank and Bill are incorporating a company form of business. This is because it has so many more advantages compared to his existing form of business and also a partnership firm. The most attractive benefit of a company compared to the other forms of business is that the liability of the members will always be limited to the unpaid amount of shares allotted to them. Second benefit is that, their plans are big and it requires huge investments and a company is the best form of business that can raise fund from the public through share markets. In addition to the benefits mentioned, if they are incorporating a company form of business it will be in existence even after the lifetime of the members unless it is wound up by law.
Reference
→ Advantages of Company over proprietorship and partnerships - Professionals (no date) Tarunmasani.in. Available at: http://blueeye.tarunmasani.in/business-startup-in-india/company-registration-start-your-private-limited-company-now/advantages-of-company (Accessed: April 29, 2021).
PART B
Question 1
1. The issue highlighted in the case given in the question is breach of contract. To be exact, Mark a consumer entered into a contract for hiring a cruise boat called Himalaya for a specific time with the service providing party named Harbor Pleasure Cruises Ltd. However, even after the payment of sum assured in advance, the contractor failed to fulfill the terms of contract.
In this case, the contractor, Harbor Pleasure Cruise Ltd is entitled to compensate the contracted party, Mr Mark. The compensation for this specific contract must include the total sum paid in advance, the interest and the penalty defined in the contracts act. In addition to that, Mr Mark can also sue the entity for a monetary or non monetary compensation for the non monetary damages caused due to the breach of contract. However, the former will be certain and the latter will depend on the presentation of the case before the court of law.
2. The case law have mentioned specifically that the contract was between Mark and Harbor Pleasure Cruises Ltd. and in a breach of contract, only the parties mentioned will be eligible for filing a suit and receiving appropriate compensation. Hence, Wendy, wife of Mark will not have any claim against Harbor Pleasure Cruises Ltd. However, if Mark had mentioned the name of Wendy in the agreement as a beneficiary or a nominee or as another contracting party, she could have stepped on to the shoes of Mark if the situations are demanding and could have sued the contractor for the breach of contract.
3. According to the Contracts Act, if an agreement between two parties is breached by the contractor he or she is entitled to pay all the sum obtained, monetary value of damages incurred and the cost incurred for bringing the suit against the contractor. However, if the breach of contract occurred not because of any act by the contractor, the above rule will not prevail.
In the given case, it has mentioned that there was a breach of contract due to the happening of an extraordinary event and the company could have done nothing to stop the same as a man of ordinary prudence. Hence, Mark will not be...
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