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.

PARTB

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 taxthat can impact on a business
(b) Explain in detail two plans a business operator should prepare before starting anew business.

Question 3 :

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

(b) At the age of 25 Dana began living with her ill grandmother aged 91 so thatshe could take care of her. Eight months later Dana persuaded hergrandmother to sell her house to Dana for $100,000 although the truemarket value was about $300,000. Explain whether other family relativescould have the contract rescinded or cancelled. Support the answer with twocase 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 whilereversing the truck in a supermarket car park and making deliveries Rabeaccidentally 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 Mikes injury? What does Mikehave to prove? Discuss and support the answer with case references. Bothcommon 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 possiblerisks to business and how a business should protect itself. Select two cases and/orlaw in action items and discuss from their facts and outcomes potential legal risksfor an operator of a business.