LAWS11030 Foundations of Business Law Assessment

PART A 

Question 1 :

Arbitration has been defined as “..a process of referring a dispute to an arbitrator as a private judge to make a decision which the parties have agreed to accept as binding upon them and final...” Why would business operators agree to an arbitration clause in a contract to resolve a potential legal dispute?

Question 2 :

A condition is a term which is essential to the contract. If a party breaches a condition what is the innocent or injured party entitled to do? Support the answer with two references. Either case or statute references can be used.

Question 3 :

An essential element in the formation of a valid enforceable contract is capacity. A contract may not be valid if one or both of the parties do not have the legal capacity to contract. Explain how contract law in Australia protects minors. Support the answer with two case references.

Question 4 :

Select and discuss two ways the Australian Consumer Law imposes a range of obligations and liabilities upon manufacturers. Support the answer with two references. Either case or statute references can be used.

Question 5 :

A manager of a business may decide to take out certain insurance contracts to protect the operator from risk. Describe two types that may be relevant.

PART B

Question 1 :

Each business must ensure that its business premises and practices are safe for its employees and others. Discuss the key rules relating to workplace health and safety that must be obeyed by employers. Support the answer with two case or statute references.

Question 2 :

(a) Business organizations pay a number of different forms of tax to the various Federal, State/Territory and local governments. Discuss two major forms of tax that can impact on a business 
(b) Explain in detail two plans a business operator should prepare before starting a new business.

Question 3 :

(a) The Australian Consumer Law regulates transactions with consumers by implying into consumer contracts certain guarantees. Describe three of these guarantees that protect the interests of the consumer. Support the answer with two case or statute references.

(b) At the age of 25 Dana began living with her ill grandmother aged 91 so that she could take care of her. Eight months later Dana persuaded her grandmother to sell her house to Dana for $100,000 although the true market value was about $300,000. Explain whether other family relatives could have the contract rescinded or cancelled. Support the answer with two case references. Examine only the common law in the answer.

Question 4 :

Rabe was employed by Ace Transport Pty. Ltd. as a truck driver. One day while reversing the truck in a supermarket car park and making deliveries Rabe accidentally collided with Mike and injured him. Mike needed two operations from the injuries and was off work for two months. Are Rabe and his employer liable in negligence for Mike’s injury? What does Mike have to prove? Discuss and support the answer with case references. Both common law and statute should be examined in the answer.

Question 5 :

In this unit you examined many cases and law in action items that showed possible risks to business and how a business should protect itself. Select two cases and/or law in action items and discuss from their facts and outcomes potential legal risks for an operator of a business.