LAWS11030 Foundations of Business Law

Assignment Instructions and Questions

Marks:40 per cent of total grade.

Due date:Week 7: before 11.00 pm AEST Friday 6 January 2023

Submission:Students must submit the assignment as a Word file (.doc or .docx) via the assignment submission link in the Assessment tile in Moodle for LAWS11030.

Extensions:The CQUniversity extension policy will be strictly enforced. Late submissions without an approved extension may incur a penalty of 5 per cent of the total marks available per day. Extension requests must be made in Moodle before the due date and will only be considered if made in the online Assessment Extension Request form in Moodle in exceptional circumstances and supported by appropriate documentation.

Word count:Assignments must not exceeda total of 1,600 words. The word count excludes citations and the reference list. Students may transfer unused words in a questions recommended word count to another part of the assignment.

Content:The assignment examines unit content covered in Weeks 1 to 6.

Format: The students name and student identification number must appear on the first page of the assignment and in the footer of each page. The assignment is to be formatted in a clear size 12 font (Calibri, Cambria or Times New Roman), double-spaced and include page numbers. The total word count must be stated on the first page of the assignment.

There are three parts to this assessment and students must use the appropriate answer structure from the workshops to answer questions in each part. The answer for each part must start on a new page, clearly state the question number and include the word count for the part.

Plagiarism:This assessment task is an individual assignment. In completing the assignment students must comply with the CQUniversity academic integrity policies that can be accessed via Moodle. Breaching these policies will result in a student being subjected to the Universitys student misconduct proceedings and related penalties.

Referencing:Students must use a consistent style of referencing and cite the relevant research source when appropriate. Students must use the American Psychological Association style guide (APA 7^thed). Note that footnotes may be appropriate to cite cases and legislation and students can refer to the Australian Guide to Legal Citation (4^thedition) for appropriate citation style. At the end of the assignment students must include a reference list of all research sources.

Resources:You will need to actively engage with the Academic Learning Centre (ALC) tutorial sessions in LAWS11030 workshops. Customised ALC resources for this unit can be accessed at the ALC companion Moodle site (via the link in Moodle for LAWS11030).

BACKGROUND FACTS

You recently completed your undergraduate studies and started a graduate position in the corporate services group at Business Solutions Consulting Pty Ltd. After your manager learned that you studied LAWS11030, you were assigned to the Start-Up team as a business law specialist. You will assist clients to understand the legal requirements of establishing a new business.

Your first client is Mei, a gardener, who recently migrated to Australia from Japan. Mei now lives in Brisbane, where she is embarking on a new business venture. She established a gardening supplies company in Brisbanes suburbs called Sakura Garden Supplies Pty Ltd. The business will sell a range of trees, shrubs, vegetable and fruit seedlings, garden supplies and decorations and equipment. While Mei is very experienced in the Japanese commercial gardening industry, she knows little about the Australian legal system and contract law.

YOUR TASK

You must write a business report for Mei that provides advice on all business law questions in Parts A, B and C of this assignment. The report will be given to Mei at your first meeting as a resource she can use in setting up and then operating her business. Mei can use the report to seek further advice on any specific legal issues.

ASSIGNMENT QUESTIONS

PART A FINDING LAW

An important aspect of starting and operating a new business is finding relevant laws. There are now numerous online legal resources, many of which vary in quality. Therefore business people need to be able to locate and evaluate the reliability of a vast array of legal materials. This allows the most suitable legal resource to be identified and used.

In Part A of your report you must:

Locate and analyse the websites for two of the following regulators:

1. Court
2. Tribunal
3. Legislature
4. Parliamentary committee
5. Statutory authority
6. Ombudsman

The two regulatory actors must consist of one State/Territory regulators and a federal regulator. Also, you cannot choose the same regulator for the two jurisdictions (eg. two courts).

The analysis of each online research source located in Part A.1 of your answer needs to:

(1) Identify the regulatory actors jurisdiction (Queensland, federal, etc).

(2) Describe the key powers of the regulator.

(3) Identify one reporting system for the regulators (eg. annual report) and describe three features contained in the relevant document or information.

Evaluate the user experience for each website located in Part A.1 from the perspective of a business person. Your evaluation may include the format of the website, the use of visual aids, explanations of laws and legal processes and links to additional information or support.

350 words 10 marks

Part B business, law AND THE AUSTRALIAN LEGAL SYSTEM

Many entrepreneurs who start a small business possess limited knowledge of the Australian legal system and how legal rules and principles shape their daily operations. When undertaking the process to start-up and then operate business, it is important for entrepreneurs and their staff to understand how the key features of Australias legal system will impact their activities.

In Part B of your report you must:

1. Identify the key legal changes required by the Uluru Statement from the Heart. Describe the importance of the Uluru Statement in recognising indigenous peoples in the Australian legal system. Evaluate the Constitutional reforms needed to implement the key legal changes in the Uluru Statement.

3. Precedent is a key doctrine that underpins the common law legal system. Identify and describe the key rules of the doctrine of precedent. In your answer describe how the common law changes within the rules established by precedent and provide one case where the High Court created new common law by overturning or changing precedent.
4. Identify and describe the key features of federalism in the Australian legal system. In your answer refer to two examples of laws that demonstrate federalism. Evaluate how federalism effects the commercial activities of Australian businesses.

400 words 10 marks

PART C BUSINESS, AGREEMENTS AND CONTRACT LAW

In developing and implementing a business plan, your client needs to understand Australian contract law. To manage commercial and legal risks, business people need to recognise the legal obligations created by the common law of contract in creating a legally enforceable contract. Your answer in Part C must answer the following two questions.

Terms of a contract and remedies

Mei requires advice on how to identify and manage the commercial and legal risk associated with entering business agreements as she is unfamiliar with Australian contract law. You must advise Mei how contract terms and remedies impact business arrangements.

In Part C.1 of your report you must:

1. Identify and describe the legal differences between the classification of a term of a contract as either a condition or a warranty. Evaluate the different commercial impact of breaching a condition or a warranty in relation to available remedies. Your answer must be supported by common law of contract legal principles and cases. Do not discuss statute law.

3. Identify and describe three types of remedies available when a contract has been breached. In your answer identify whether each remedy is a common law remedy or equitable remedy. Identify the relevant dispute forum that would issue each type of remedy.
4. There are multiple forms of dispute resolution for resolving commercial disputes. Identify and describe the key features of litigation and arbitration. Evaluate the benefits and limitations of each method of dispute resolution.

450 words 10 marks

2. Contractual liability and disclaimers

Central to running a successful modern nursery is allowing people to wander the grounds to inspect and then purchase the different plants and gardening products. However, Mei is worried about the potential liability of Sakura Garden Supplies Pty Ltd if someone is injured at the nursery. The specific risks are related to the operation of different hydroponics in several greenhouses and outdoor gardens. Then there is the hustle and bustle of many shoppers and stock deliveries throughout the day. When doing online research into potential liability for any injuries suffered by customers, Mei found a website that stated she can potentially exclude her liability via a disclaimer (also known as an exclusion clause or exemption clause). Mei proposes to exclude her liability by putting a disclaimer on a sign inside the entrance gate at the nursery.

Mei drafted the following disclaimer on a sign based on her internet research and plans to create a small sign placed inside the nursery:

Sakura Garden Supplies Pty Ltd is not liable for any injury or loss suffered by customers while on these premises. Customers and visitors assume all associated risk and liability. Enter at your own risk!

In Part C.2 of your report you must advise Mei on the following matters:

• Identify the commercial purpose of a disclaimer.
• Advise Mei whether her proposed disclaimer is legally enforceable under the common law of contract. Your answer must be supported by common law of contract legal principles and cases. Do not discuss statute law.
• Using your answer to question 2 advise Mei what changes she can make to ensure the disclaimer is enforceable under the common law of contract.

400 words 10 marks