Case Study Assessment Briefs.docxLaw6000 Assessment Briefs- Case Studies Page 1 of 8 ASSESSMENT BRIEF Subject Code and Title LAW 6000 – Business and Corporate Law Assessment Case Studies...

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Hi actually i want this assignment to be done tomorrow 6pm in Adelaide Australian time and plz read the brief carefully and this assignment u have to follow IRAC rule of business law


Case Study Assessment Briefs.docxLaw6000 Assessment Briefs- Case Studies Page 1 of 8 ASSESSMENT BRIEF Subject Code and Title LAW 6000 – Business and Corporate Law Assessment Case Studies Individual/Group Individual Length 1500 words Learning Outcomes 1. Explain the historical foundations of the Australian legal system and the current sources of law. 2. Describe the essential elements required to create, manage and discharge a contract and the remedies available for breach of contract. 3. Explain the different ways in which a business may be carried and the advantages and disadvantages of each method. 4. Identify the reasons for choosing one business structure over another. 5. Explain the processes for incorporating, managing and winding up a company. Submission End of module 5 11:55pm Sunday on the due date at the end of Module and Week Case Study Assessment Briefs.docxLaw6000 Assessment Briefs- Case Studies Page 2 of 8 Weighting 30% Total Marks 100 marks Context: This assessment allows students to solve practical problems that arise from a fact scenario and to give appropriate advice to clients. Instructions: There are three case studies that you are required to critically analyse. With respect to each case study:  Identify the legal issue(s) arising from the facts of the case study  Identify the appropriate legal principles that requires discussion in the case study  Apply the law to the facts of the case study  Reach a conclusion/ give practical advice to your client. Your analysis should refer to appropriate cases and statutes and be referenced using the Harvard Reference system. You will be assessed in accordance with the Assessment Rubric. Case Study 1 Lance purchases a new ute from Mighty Motors Pty Ltd for $25,000. He tells Lynton, the car salesperson that he is a partner in a herbal products business. Lynton is aware of the business as he has read an article about it in the local newspaper. The three partners had agreed that a car would be purchased for the business but Lance was instructed not to spend over $20,000. Lynton is completely unaware that Lance has a purchasing limit. Will the partnership be bound by this contract? Can the other partners take action against Lance? Case Study Assessment Briefs.docxLaw6000 Assessment Briefs- Case Studies Page 3 of 8 Case Study 2 Xiaojing is keen to sell her products. The business produces a lavender and Echinacea moisturiser. The business produces an advertising flyer that states the moisturiser will ‘slow the effects of ageing’. This is false. The partnership is not happy with the Ute – they think they have bought a ‘lemon’. They decide to sell the car to Saqlaim a refugee from Syria who has little understanding of English. Fast talking and charismatic Lance talks him into purchasing the car. He enters a contract with a finance company to purchase the car. Will Saqlaim be bound by the contract? Do consumers have a remedy regarding the claims re the moisturiser? Case Study 3 Felix a uni student aged 20 is keen to earn some income during the summer holidays. He is employed as a casual to pick lavender. He will be paid $25 cash per bag. One Sunday Xiaojing tells him that he is doing such great work she will pay him an extral $100 for work he did yesterday clearing garden beds. She reneges on her promise and Felix is outraged. He wants to know if he can sue Xiaozing for the $100. Advise Felix. Case Study Assessment Briefs.docxLaw6000 Assessment Briefs- Case Studies Page 4 of 8 Learning Rubrics Assessment Attributes Fail 0-49 (Unacceptable) Pass 50-64 (Functional) Credit 65-74 (Proficient) Distinction 75-84 (Advanced) High Distinction 85-100 (Exceptional) Evaluation of information selected to support the case study 20 % Limited understanding of key concepts required to support the case study. Confuses logic and emotion. Information taken from reliable sources but without a coherent analysis or synthesis. Viewpoints of experts are taken as fact with little questioning. Resembles a recall or summary of key ideas. Often conflates/confuses assertion of personal opinion with information substantiated by evidence from the research/course materials. Analysis and evaluation do not reflect expert judgement, intellectual independence, rigor and adaptability. Supports personal opinion and information substantiated by evidence from the research/course materials. Demonstrates a capacity to explain and apply relevant concepts. Identify logical flaws. Questions viewpoints of experts. Discriminates between assertion of personal opinion and information substantiated by robust evidence from the research/course materials and extended reading. Well demonstrated capacity to explain and apply relevant concepts. Viewpoint of experts are subject to questioning. Analysis and evaluation reflect growing judgement, Systematically and critically discriminates between assertion of personal opinion and information substantiated by robust evidence from the research/course materials and extended reading. Information is taken from sources with a high level of interpretation/evaluation to develop a Case Study Assessment Briefs.docxLaw6000 Assessment Briefs- Case Studies Page 5 of 8 intellectual independence, rigor and adaptability. comprehensive critical analysis or synthesis. Identifies gaps in knowledge. Exhibits intellectual independence, rigor, good judgement and adaptability. Effective communication while giving advices to client 10 % Difficult to understand for audience, no logical/clear structure, poor flow of ideas, argument lacks supporting evidence. No effort is made to keep audience engaged, audience cannot follow the line of reasoning. Little use of presentation aids, or the presentation aids and material used are irrelevant. Information, arguments and evidence are presented in a way that is not always clear and logical. Attempts are made to keep the audience engaged, but not always successful. Line of reasoning is often difficult to follow. Presentation aids are used more for effect than relevance. Information, arguments and evidence are well presented, mostly clear flow of ideas and arguments. The audience is mostly engaged, line of reasoning is easy to follow. Effective use of presentation aids. Information, arguments and evidence are very well presented, the presentation is logical, clear and well supported by evidence. Engages the audience, demonstrates cultural sensitivity. Carefully and well prepared presentations aids are used. Expertly presented; the presentation is logical, persuasive, and well supported by evidence, demonstrating a clear flow of ideas and arguments. Engages and sustains audience’s interest in the topic, demonstrates high levels of cultural sensitivity Effective use of diverse presentation aids, including graphics and multi-media. Case Study Assessment Briefs.docxLaw6000 Assessment Briefs- Case Studies Page 6 of 8 Application of knowledge to practise while providing appropriate advice to clients 30 % Limited understanding of the internal and external business environment. Lacks a global perspective for potential market and trends. Uses a limited range of information as the basis of recommended practice. Understands the internal and external business environment including commercial context and market forces. Understands local and global markets/trends. Accesses relevant information. Adequately utilises information from a variety of sources. Gathers/utilises competitor knowledge. Understands the impact of financial, social, political, environmental issues on the business. Demonstrates commercial awareness of product development/service provision. Understands the business. Can prepare and presents business cases/proposals. Evaluates the impact of financial, social, political, environmental issues on the business; and where relevant, as they relate to different countries where the business may operate. Demonstrates commercial awareness of product development/service provision and cost relationships. Understands the business and its risks. Can prepare and presents business cases/proposals. Demonstrates cultural sensitivity. Analyses the impact of financial, social, political, environmental issues on the business; and where relevant, as they relate to different countries where the business may operate. Critically demonstrates commercial awareness of product development/service provision and cost relationships. Holistic understanding of business and its risks. Assesses the impact of information and communication systems on the operations of the business. Critical understanding of the global market opportunities and competitive environment. Case Study Assessment Briefs.docxLaw6000 Assessment Briefs- Case Studies Page 7 of 8 Evaluation and Justification of Information provided to client 20 % Limited understanding of key concepts required to support discussion Confuses logic and emotion. Information taken from reliable sources but without a coherent analysis or synthesis. Viewpoints of experts are taken as fact with little questioning.
Answered Same DayNov 24, 2020LAW6000Torrens University Australia

Answer To: Case Study Assessment Briefs.docxLaw6000 Assessment Briefs- Case Studies Page 1 of 8 ASSESSMENT...

Preeti answered on Nov 24 2020
150 Votes
Running Head: LAW QUESTIONS
Discussion Questions
Case Study 1
Issue: The case scenario evident that Lance acted as a partner at herbal products business, entrusted with the task of purchasing a car from Mighty Motors Pty Ltd for $20,000. But, he has purchased car higher than at agreed price, for which car salesper
son is not aware all about. So, the legal issue in the case is determining whether act done by Lance is binding on partnering firm and other partners, and, whether other partners are entitled to take action against Lance.
Rule: Section 12 and 13 of the Partnership act 1963 defines partner’s liability under partnership arrangement. In essence, it is defined as the liability of a partner is significantly large. Stating in simple words, every partner holds responsibility towards firm and other partners on account of having ‘an agent and principal’ relationship. The partners act as agents of partnership firm entrusted with the authority to act and indulge in business affairs on behalf of partnership firm, therefore binding firm and other partners. Likewise, each partner is legally and financially responsible for the act done by other partners in the general course of business. In this, it is also stated that negligence of one partner also made other partners responsible and liable. The weight and share of total liability is distributed and divided among solvent partners, as per their share and contribution (Partnership Act 1963, 2018).
However, partnership act also entitles other partners to cover damage or loss raised due to ignorance and negligence of a partner. It is specified as partnership acts in a fiduciary relationship between partners where all partners are expected to act and operate as per the agreed terms and conditions of partnership agreement. In case of any adjustment in the partnering terms and agreement, a partner hold legal duty to inform other partners of the same, and, gaining their consent, as well.
Application: In accordance to the provisions of Partnership act 1963, each partner is responsible and liable for the act done by other partners. The liability and responsibility of partners could not be waived off, on ground of the fact that they have done respective act. The Partnership act, 1963 held all partners as equally liable and responsible for losses, profits, responsibilities and damages incurred in normal conduct of business operations and activities. In light of this, it is said that partners at herbal products business is legally and financially liable to pay Mighty Motors Pty Ltd. Moreover, they are also entitled to sue Lance for compensating herbal products business for the loss and damage incurred on account of his violation of agreed terms (Partnership Act 1963, 2018).
For justifying this, reference of case law Hurst v. Bryk [1999] Ch. 1, is worth mentioning where court alleged the fact that partners are jointly and severally liable to pay for debts of the firm, while they are acting as partners. The partners are acting as trustees holding responsibility of indemnifying their beneficiaries for liabilities undertaken by them in the course of business operations (Judgments - Hurst v. Bryk and...
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