Student Number: (enter on the line below) Student Name: (enter on the line below) HI6027BUSINESS AND CORPORATE LAWFINAL ASSESSMENT Trimester 2, 2021 Assessment Weight: 50 total marks Instructions: All questions must be answered by using the answer boxes provided in this paper.Completed answers must be submitted to Blackboard by the published due date and time.Submission instructions are at the end of this paper. Purpose:This assessment consists of six (6) questions and is designed to assess your level of knowledge of the key topics covered in this unit. Question 1 (7 marks) Answer the following questions: Briefly explain the meanings and scope of “Public Law” and “Private Law” (2 marks)For each specific branch of Australian law specified below, answer whether it would fall into the head of “Public Law” or “Private Law”: trust law; taxation law; tort & negligence law; contract law; and consumer law. (1 mark for each correct answer) Trust law: Taxation law: Tort Law: Contract Law: Consumer Law:(Maximum 125 words) ANSWER: ** Answer box will enlarge as you type Question 2 (7 marks) In today’s present environment, discuss and analyse why some contracts need to be completely written to be enforceable and why some contracts can only be proven by presenting written evidence of it. (Maximum 275 words) ANSWER: Question 3 (11 marks) Boris signed a contract to work for Foodies Pty Ltd as an auditor. According to the terms of the contract, his compensation was $750 per week with a subsidy of $200 per week for legitimate business expenses. Boris and the company both knew that the amount specified for Boris’ expenses would only be less than $75 per week, but a higher amount was stated to lower the amount of income tax that he will need to pay. Four months after, Boris’ employment was terminated. He initiated action against the company for four weeks’ unpaid wages but not his unpaid subsidy (also four weeks’ worth). Explain, with proper legal reasoning, whether the company is liable to pay the claim? (Maximum 250 words) ANSWER: Question 4 (11 marks) Hugo Long rented ground floor shop premises for his takeaway store from Sunlight Pty Ltd. He lived in a unit on the second floor of the property. When the lease expired and a new lease was being negotiated, Sunlight sought to include a condition that the premises could only be used for business purposes. Hugo explained that he wanted to continue living in the second floor unit since it was convenient for him and he would not renew the lease if this was refused. Sunlight advised that if Hugo signs a new lease, which includes the condition regarding its exclusive business use, they would allow him to live in the unit. Assured by this promise, Hugo signed a 2-year lease extension. He would never have signed the extension if he was not allowed to live in the unit and would have rented elsewhere. After eight months, Sunlight Pty Ltd got a call from a local developer about buying the entire property (shop and unit) but required it to be vacant. Sunlight looked to terminate the lease because Hugo had broken the condition by living in the second floor unit. Is Sunlight Pty Ltd correct? Explain your answer with proper legal basis and authorities. (Maximum 375 words) ANSWER: Question 5 (7 marks) Consider the following factual scenario and explain if causation, as an element of a negligence claim, is present: Cleo Archer works as a sous chef in a restaurant. She has a medical condition called ‘Osteogenesis Imperfecta’, which is a disease that results in fragile bones that break easily. While cooking at work one morning, she accidentally burned her hand with hot oil and had to go to hospital. While in hospital, she also broke her elbow. This increased the number of days she had to be confined and, consequently, her hospital bill was higher than she expected. Is her employer responsible for the broken elbow she suffered while in hospital? (Maximum 220 words) ANSWER: Question 6 (7 marks) Amanda and Emilia are co-directors and members of Griffin Pty Ltd, which imports widgets from Vietnam and sells them in various hardware stores in regional NSW. Griffin has a medium-sized warehouse where it stocks goods, and from which it distributes products. Griffin recently signed a contract to supply a large hardware store in Orange and Dubbo with widgets. So the company ordered 10 pallets of widgets from its Vietnamese supplier and also paid a substantial deposit. A shipping company who carries goods into Australia has already brought the pallets into the country and has sent their bill to Griffin. After a couple of deliveries to the hardware store, a safety issue is discovered with the widgets and the government bans the sale of the widgets. the hardware store cancels all further orders of the widgets. Now, Griffin has no future revenue and its remaining stock of widgets cannot be sold. The shipping company is demanding payment of its invoice; there are also several outstanding bills to the ATO, staff and other suppliers. Amanda and Emilia do not know what to do. Is their company insolvent? If it is, what action would you advise them to take? (Maximum 325 words) ANSWER: END OF TUTORIAL ASSIGNMENT Submission instructions: Save submission with your STUDENT ID NUMBER and UNIT CODE e.g. EMV54897 HI6027Submission must be in MICROSOFT WORD FORMAT ONLYUpload your submission to the appropriate link on BlackboardOnly one submission is accepted. Please ensure your submission is the correct document.All submissions are automatically passed through SafeAssign to assess academic integrity.
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