HI6027-Case Studies on Contract Law and Corporations Law – Law Assignment Help

Assignment Task

Task

Part A: Contracts Law Question:

• Read the Contracts Law question below.
• Answer your chosen question using the IRAC method.
• Your answer must be supported by relevant Australian law and cases decided by Australian courts (preferably the High Court) and/or scholarly articles. A minimum of 3 genuine and relevant references are required for this part of the report.
• The full citations for all sources cited in your answer must be listed in a Reference list at the end of your report.
• In addition, any online sources cited in your answer and listed in your Reference List must include a valid hyperlink that allows access to the full text of the source. Handel, aged 13, is a violin virtuoso. He has signed a four-year contract with Bach to learn specific violin techniques to improve his skills. The terms of the contract stated that.

a. Bach would teach Handel violin free of charge.

b. During the four-year period, Handel could not accept performance engagements for the violin other than those under Bach.

c. Bach would employ Handel to perform on stage for at least two paid performances per year. Handel accepted a performance engagement from Mozart, to highlight his skills on the piano, as his income from Bach’s employment was insufficient for his support. Bach wishes to sue Handel for breach of contract.

Required:

Advise Bach using the principles of contract law.

Part B: Negligence question:

• Read the questions below on tort, specifically in the area of Negligence.
•  Answer the chosen given question.
• Your answer must be supported by relevant Australian law and cases decided by Australian courts (preferably the High Court) and/or scholarly articles. A minimum of 3 genuine and relevant references are required for this part of the report.
• The full citations for all sources cited in your answer must be listed in a Reference list at the end of your report.
• In addition, any online sources cited in your answer and listed in your Reference List must include a valid hyperlink that allows access to the full text of the source. William had decided for some time that he wanted to purchase a restaurant. After looking at several different areas, he settled on Mooloolaba in Queensland as offering him both the potential for a successful restaurant and the lifestyle he was seeking. He rang a number of commercial real estate agents, inquiring whether they had any restaurants listed for sale. He finally found one he liked in Mooloolaba listed with a real estate agent called Jules. Jules told William that once he got this restaurant going, it would be a cash-cow. William sought an accountant’s advice and then proceeded to buy the restaurant. Within six months of buying the restaurant, William was broke because there were neither the tourist numbers nor the local population to sustain a steady income stream.

Required:

Advise William on whether he can sue the real estate agent for his statements about the restaurant and whether you think he can succeed.

Part C: Corporations Law question.

• Read the two questions below on Corporations Law
• Answer the chosen given question.
• A minimum of 3 genuine and relevant Australian legal references are required for this part of the report. Examples of relevant references for this question include the Corporations Act 2001 (Cth); the Australian and Securities and Investment Commission’s (ASIC) website (www.asic.gov.au), the website of the Australian Business Register’s (ABR) website (www.abr.gov.au).
• The full citations for all sources cited in your answer must be listed in a Reference list at the end of your report.
• In addition, any online sources cited in your answer and listed in your Reference List must include a valid hyperlink that allows access to the full text of the source.

Part C – Q1) Business Structures:

Michael and Sarah are preparing to operate a small business which specialises in Australian country cookies. Michael tells you he plans to perform the administrative duties such as sending bills to customers and answering the phone orders. Sarah will cook and decorate the cookies. Michael and Sarah both want some involvement in the management and ownership of the business. Michael and Sarah are married but do not have any close family members. They intend to hire more staff and wish to see the business continue after their retirement. Sarah is aware that another operator has just been isued and was found liable for $1 million dollars in damages after some plastic was found in one of their specialty cookies. Michael and Sarah are unable to decide between a partnership or a company structure.

Required:

You are asked to provide advice in IRAC format on how the venture should be structured.

Part C – Q2) Management of companies.

Gerry is the managing director of investor relations in a home insurance firm called Cengage Insurance Limited. A clause in his service agreement states that he will not deal with customers of Cengage Insurance Limited on leaving the employment of that company. Gerry decides to resign from Cengage Insurance Limited and joins a start-up called Kiwi Insurance which streamlines the home insurance process for individuals through a dedicated app. Gerry is appointed Investor relations manager for Kiwi Insurance. He then approached the customers he formerly dealt with at Cengage Insurance Limited that no longer have a current engagement with Cengage Insurance Limited.

Advise Cengage Insurance Limited as to the grounds on which it can take legal action to prevent Gerry’s actions.

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