Student Number: (enter on the line below)

AEG3085

Student Name: (enter on the line below)

MOHAMED AMZAL ABDUL AHLAM

HI6027
BUSINESS AND CORPORATE LAW
FINAL ASSESSMENT
TRIMESTER 2, 2021

Assessment Weight: 50 total marks

Instructions:
● All questions must be answered by using the answer boxes provided in this paper.
● Completed answers must be submitted to Blackboard by the published due date
and time.

Submission instructions are at the end of this paper.

Purpose:
This assessment consists of six (6) questions and is designed to assess your level of
knowledge of the key topics covered in this unit.

HI6027 Final Assessment T2 2021

Question 1 (7 marks)

Answer the following questions:

a) Briefly explain the meanings and scope of “Public Law” and “Private Law” (2
marks)
Issues that sway the normal individual or the condition is concered by public law in
general - society by and large. A wide degree portion include:

 The Department of Education and furthermore the Equal Employment

Opportunity Commission is governed as the government offices by Authoritative
law.
 Some laws which defend the inhabitants privileges are constitutional laws as
ensured by the constitution.
 Criminal laws are those that arrangements with wrongdoing.
 Rules, guidelines, and by-laws that direct a city or town are alluded to as civil
laws.

Private laws exists to assist citizens in disputes that involves private matters as it affects
the rights and obligations of individuals, families, businesses and small groups. Its scope
is more specific than public law and covers:
Contract law- Individuals who enter into the contracts govers the rights and obligations.
Tort law - Rights, duties and treatments furnished to someone who has been wronged
with the aid of any other character.
Property law - Governs types of assets possession, switch and tenant issues
Succession law - Governs the switch of an estate between events circle.
Family law - oversees family-related and homegrown related issues

b) For each specific branch of Australian law specified below, answer whether it
would fall into the head of “Public Law” or “Private Law”: trust law; taxation law;
tort & negligence law; contract law; and consumer law. (1 mark for each correct
answer)

Trust law:
Taxation law:
Tort Law:
Contract Law:
Consumer Law:
(Maximum 125 words)

ANSWER: ** Answer box will enlarge as you type

HI6027 Final Assessment T2 2021

Question 2 (7 marks)

In today’s present environment, discuss and analyse why some contracts need to be completely
written to be enforceable and why some contracts can only be proven by presenting written
evidence of it. (Maximum 275 words)

ANSWER:
Certain types of contracts should be in writing to be valid and enforceable. Such
requirements for writing are commonly seen in various contract laws known as the
statute of fraud. These restrictions are in place to combat contract fraud by requiring
written agreements.

To be enforceable, the following sorts of contracts must be in writing. If certain

agreements are made verbally, the contract is null and void:

● Sale or Transfer of Land

● Goods Costing More Than $500
● Contracts for More Than One Year
● Contracts of Indefinite Duration
● Contracts in Family Law
● Paying Someone Else's Debt

If any of the aforementioned contracts are not in writing, the agreement is either null
and invalid or voidable. The contract was void because it never existed. This means that
the parties will walk away from the agreement as if it never existed.

Evidence of contract conditions, grants, and other property transfers reduced to the
form of papers. When the phrases of a contract, provide, or other dispositions of
property were diminished to the layout prescribed, and in all cases in which any count
number is required by using the law to be whittled down to the shape of a report, no
documentation shall be given in evidence of such contract, provide, or other transfer of
property, or of such count, except the manuscript itself, or secondary evidence of its
contents in cases wherein secondary evidence is admissible.

Question 3 (11 marks)

Boris signed a contract to work for Foodies Pty Ltd as an auditor. According to the terms
of the contract, his compensation was $750 per week with a subsidy of $200 per week
for legitimate business expenses. Boris and the company both knew that the amount
specified for Boris’ expenses would only be less than $75 per week, but a higher amount
was stated to lower the amount of income tax that he will need to pay. Four months
after, Boris’ employment was terminated. He initiated action against the company for
four weeks’ unpaid wages but not his unpaid subsidy (also four weeks’ worth). Explain,
with proper legal reasoning, whether the company is liable to pay the claim? (Maximum
HI6027 Final Assessment T2 2021
250 words)

ANSWER:
As per the law, the company is liable to pay the unpaid wages and any business expense incurred
by Boris before he was terminated. It is within the legal duty of the company and legal rights of
Boris to ask for the unpaid wages. As per the law, Boris is entitled to following on termination:

1) Unpaid wage for the time he served at the company

2) Any legitimate expenses incurred by him for the business. In case if the expense is personal in
nature, then it should be deducted from the subsidy wage.

As per the agreement, the company must act in its accordance and pay Boris its due. It should
also deduct the income tax accordingly as per the rules of the income tax department from the
final settlement amount of Boris.

Boris is right in initiating a case against the company as the company should settle the final dues
of the employee within a week of termination or as per the contract of employment. In case if
there is no mention, then the dues must be cleared within seven days. In case the dues have not
been paid in that duration, Boris should initiate a case and also file for interest on the amount
payable considering the delay period.

Boris will not be entitled to Sick or carer’s love on the termination of employment.

Question 4 (11 marks)

Hugo Long rented ground floor shop premises for his takeaway store from Sunlight Pty
Ltd. He lived in a unit on the second floor of the property. When the lease expired and
a new lease was being negotiated, Sunlight sought to include a condition that the
premises could only be used for business purposes. Hugo explained that he wanted to
continue living in the second floor unit since it was convenient for him and he would
not renew the lease if this was refused. Sunlight advised that if Hugo signs a new lease,
which includes the condition regarding its exclusive business use, they would allow
him to live in the unit. Assured by this promise, Hugo signed a 2-year lease extension.
He would never have signed the extension if he was not allowed to live in the unit and
would have rented elsewhere.

After eight months, Sunlight Pty Ltd got a call from a local developer about buying the
entire property (shop and unit) but required it to be vacant. Sunlight looked to
terminate the lease because Hugo had broken the condition by living in the second
floor unit. Is Sunlight Pty Ltd correct? Explain your answer with proper legal basis and
authorities. (Maximum 375 words)

HI6027 Final Assessment T2 2021

ANSWER:
If the promise by Sunlight to Hugo Long was a verbal one, then it might not be enforceable by
law as any agreement was only enforceable if it is written in the lease agreement. As per the
lease laws in Australia, the landlord can evict the tenant from the apartment following
conditions:

1) Giving Eviction notice period of one month

2) Stating any violation of agreement

Hugo should have asked for the clause to be removed from the lease agreement that stated that
the apartment can only be used for the business purpose. If he hasn’t done that, he is in violation
to the agreement though Sunlight Pty would have promised verbally that the Hugo can live in the
apartment.

As per legal basis and authorities, Sunlight Pty has full rights to remove Hugo Long from the
premises by giving an eviction notice and also by stating the violation of the agreement. The
landlord and tenant issues are governed by various laws and each state has its own laws
regarding the leasing. It is known as Residential Tenancies Act.

The Sunlight Pty Ltd has to prove in the court of law that Hugo Long has violated the law by
providing the proof or Hugo Long has to plead guilty for the violation. However, in case if Hugo
Long contests the charge saying that he was verbally promised about staying in the apartment,
then Hugo has to prove the verbal agreement with a witness who is neutral. However, the verbal
agreement doesn’t hold merit in the court of law.

Hugo Long can approach the Residential Tenancies Tribunal of the state or Consumer Affairs and
can make his case. However, without any lack of substantial evidence and lack of written
agreement, Hugo won’t have a firm standing in the tribunal as well.

If the said incident has occurred in state of Tasmania, as per the law, the landlord or tenant both
can terminate the agreement with a 28 days’ notice.

Question 5 (7 marks)

Consider the following factual scenario and explain if causation, as an element of a

negligence claim, is present:

Cleo Archer works as a sous chef in a restaurant. She has a medical condition called
‘Osteogenesis Imperfecta’, which is a disease that results in fragile bones that break
easily. While cooking at work one morning, she accidentally burned her hand with hot
HI6027 Final Assessment T2 2021
oil and had to go to hospital. While in hospital, she also broke her elbow. This
increased the number of days she had to be confined and, consequently, her hospital
bill was higher than she expected. Is her employer responsible for the broken elbow
she suffered while in hospital? (Maximum 220 words)

ANSWER:
As per the employment laws defined by Australian government, any employer is liable to provide
a safe working condition to the employees. In this case, the conditions were safe and Cleo got
burnt accidentally because of her negligence.

In order to prove that the employer was responsible for broken elbow, Cleo has to prove the
following:

 There was a great degree of harm already present in the working conditions
 The risk was foreseeable by the restaurant and they did not act on it
 Any other restaurant would have taken a measure to safeguard the employees

The other element Cleo has to prove is that she got her hand burnt and this resulted into broken
elbow because of breach of duty of care on restaurant’s side. In this case, even if Cleo hadn’t got
his hands burnt, still the risk of Cleo breaking her bones was always persistent. Hence, restaurant
as an employer is not responsible for paying the damages and extra hospital bills to Cleo.

Cleo would have been entitled to the damages only if she didn’t have the existent condition of
‘Osteogenesis Imperfecta’ and the additional damage of breaking bones happened
because of the accident.

Question 6 (7 marks)

Amanda and Emilia are co-directors and members of Griffin Pty Ltd, which imports
widgets from Vietnam and sells them in various hardware stores in regional NSW.
Griffin has a medium-sized warehouse where it stocks goods, and from which it
distributes products.

Griffin recently signed a contract to supply a large hardware store in Orange and
Dubbo with widgets. So the company ordered 10 pallets of widgets from its
Vietnamese supplier and also paid a substantial deposit. A shipping company who
carries goods into Australia has already brought the pallets into the country and has
sent their bill to Griffin.

After a couple of deliveries to the hardware store, a safety issue is discovered with the
widgets and the government bans the sale of the widgets. the hardware store cancels
all further orders of the widgets.

HI6027 Final Assessment T2 2021

Now, Griffin has no future revenue and its remaining stock of widgets cannot be sold.
The shipping company is demanding payment of its invoice; there are also several
outstanding bills to the ATO, staff and other suppliers.

Amanda and Emilia do not know what to do. Is their company insolvent? If it is, what
action would you advise them to take? (Maximum 325 words)

ANSWER:
The company should do the following:

Company should negotiate with its suppliers to return back the widgets stating the new
Australian laws and ask for a refund. Company should cite the reasons for the refund as safety. It
is very important that under any other conditions, the suppliers wouldn’t generally be ready to
accept the returned product and provide a refund. Amanda and Emilia should assure the
suppliers that they will continue doing business for other products.

These refunded money can be used to pay the shipping company, ATO, staff and other suppliers.
The company should also negotiate for more time to pay the pending amount. The pending
amount should be paid in tranches to avoid the insolvency. This will ensure the company can
survive and continue with its business operations without impacting its cashflow in a high
impact. This should reduce the burden of the company in the short run.

Meanwhile, the company should also present the case to the government and ask for
support/subsidy citing the following reasons:

1) Insolvency of the business will affect the livelihood of many employees

2) It will create a vicious circle of financial issues for the company, suppliers and the other
related entities
3) Sudden ban without any relief measure will tarnish Australia’s image to its importers and can
put the entire industry involved in these activities in a fix

These relief measures should be equivalent to the losses possible because of the ban. Amanda
and Emilia should ask for a low interest rate loan or a subsidy from the government or the
authorities to start a new business so that the staff can be kept on the payroll and does not
result in layoffs. They should present a business case accordingly for importing other products
continuing with the business.

1.

END OF TUTORIAL ASSIGNMENT

HI6027 Final Assessment T2 2021

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HI6027 Final Assessment T2 2021