LAWS1001 Enterprise Law
LAWS1001 Enterprise Law
Assessment 3: Individual Case Study
Assessment Question
Nazim is an accountant and operates an accounting consultancy business in Parramatta. Andy is a long-term client of Nazim and owns a small vegetable and fruit store. Kim is a good friend of Nazim and owns the famous family restaurant called 'Home Meals'. Nazim and Kim meet every Saturday to play soccer at the local club. Kim is thinking of getting a local supplier for her restaurant to save on transport costs and knows that Andy is a long-term client of Nazim. During one of their soccer sessions, Kim asks Nazim whether he thinks it would be a good idea to appoint Andy as the sole supplier of vegetables and fruits for 'Home Meals'. Nazim is in the middle of the game and replies, 'well nothing wrong with his financials as far as I can say'. However, he hurriedly adds, ' You know I cannot talk about my clients without their permission. Why don't you ask Andy for his financial records for the last three years? You can check for yourself'. Kim gets a call the next day to book her restaurant each week for the next six months. In order to make sure there is a steady supply of fresh products, Kim contacts Andy and offers him a one-year supplier contract without checking the financial records. Andy accepts the offer, and Kim removes all the other suppliers from his list. Andy has been thinking of expanding his business recently and visits Nazim to get his advice on the monthly forecast of profits for his business for the next three years. Nazim has been very busy with the end of the financial year work and has been working 18 hours a day during the last two months. Nazim glances through the document given by Andy and dictates the letter of advice to Andy over his lunch. His letter confirms that there will be steady profits for the next three years and that there is no reason to delay the expansion project. However, while glancing through the documents, Nazim missed an essential document regarding business sales, resulting in highly overstated profit forecast figures. As a result, Andy's business expansion completely fails, and the business is closed immediately. Kim struggles to find a new supplier and has to cancel more than ten bookings due to the shortage of fresh products.
Answer the following questions.
Identify the nature of the harm suffered by Kim and Andy in this scenario. (2 marks)
Does Nazim owe a duty of care to Kim and/or Andy? Explain your answer by making reference to relevant case law. (8 marks)
Does Nazim breach his duty to Andy? Explain your answer with reference to relevant case law and statutory provisions. What do you think a reasonable accountant would have done in a similar situation? (5 marks)
Instructions
Weight: 15%
Due: Before 5.00 pm on Monday, 3rd October 2022. Late submissions will incur a penalty.
Submission: Through the Turnitin link under Assessment 3 tab on vUWS. No cover sheet is to be attached as it is built into the upload page.
Length: 500 words in total. This is a strict word limit. You are not allowed to exceed it without suffering a penalty. A Reference List is required, as you are using the Harvard/WesternSydU style. This Reference List will not be included in the word count; everything else submitted will be counted.
Please refer to the marking rubric below (taken from the Learning Guide) to get a better understanding of the task requirements.
Resources needed: This assessment is designed to be able to be completed by using your textbook. Therefore, the primary resource to be used in this assessment is the prescribed textbook.
Assessment Format: Format your assignment in Double spaced, Arial 12-point, MS Word document with 'Moderate' margins. You need to indicate the word count on the front page. This is a strict word count, do not exceed the word limit there is no '10% leeway' available.
Assessment submission: Once you have completed the written report, please upload the report using the link entitled 'Assessment 3_Individual Case Study Submission Link (15%)' under the Assessment 3 tab in vUWS. Please note that there is only one submission. Please ensure you upload the correct file.
Marking Criteria:
Criteria HD D C P F
Identify legal issues in the scenario Clearly and correctly identifies the legal issues in the scenario and explains relevance Correctly identifies the legal issues in the scenario and explains relevance Identifies most of the legal issues in the scenario and provides some explanation of relevance Identifies some of the legal issues in the scenario and attempts to explain relevance Does not identify all or most of the legal issues in the scenario and offers no explanation
Identify key areas of law (concepts and principles) appropriately to discuss the issues and propose a direction to address the issues Thorough application of key areas of law (concepts and principles) to discuss and address the problem and extensive explanation Clear application of key areas of law (concepts and principles) to discuss the problem with appropriate explanation Applies key areas of law (concepts and principles) mostly appropriately to solve the problem and explains why Attempts to apply key areas of law (concepts and principles) to solve the problem; law not always appropriate and/or some explanation given Does not attempt to apply key areas of law (concepts and principles) or applies incorrect key areas of law (concepts and principles); little or no explanation
Written Presentation Clear and coherent writing style with a thoughtful structure and highly persuasive arguments, few or no errors in spelling, grammar, and punctuation. Clear and coherent writing style with persuasive arguments, however, there are a few minor errors in spelling, grammar, and punctuation. Clear and coherent writing style. Some errors in spelling, grammar, and punctuation, but meaning not impeded. Several errors in spelling, grammar, and punctuation, and meaning somewhat unclear at times Major errors in spelling, grammar, and punctuation, and/or unclear writing style that impedes meaning.
