Task:
1) Demonstrate a sound comprehension of the essential elements required to create, manage and discharge a contract and assess the remedies available for breach of a contract;
2) Examine legal principlesrelated to creation and operation of various forms of business organisations and critically evaluate their effectiveness across a range of business scenarios.
3) Explain the processes for incorporating, managing and winding up of a company, including key director duties, the importance of the Corporations Act 2001 and the role of regulatory bodies.
4) Evaluate the role of agency in contract formation for different business vehicles and identify the associated risks such as vicarious liability for negligent acts.
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 five case studies you are required to critically analyse. With respect to each case study:
1. Identify the legal issue(s) arising from the facts of the casestudy
2. Identify the appropriate legal rules that requires discussion in the case study
3. Apply the law to the facts of the case study
With reference to relevant legal principles, use the IRAC legal problem-solving approach to advise to advise Kathleen as to whether she can successfully sue Park Solutions Pty Ltd under common law for the damage caused to the vehicle.
Question 2
With reference to relevant legal principles use the IRAC legal problem-solving approach to advise if the directors breached any of their duties owed to the company? If so, discuss the defences (if any) that may be available to them
Read less