HI6027: Barbara was a Regular Shopper at Egeeay Supermarket, Which was Part of a Large National Supermarket: Business and Corporate Law Assignment, HI, Australia
|Subject||HI6027: Business and Corporate Law|
Unit Learning Outcomes Assessed:
1. Critically examine the main features of the Australian legal system;
2. Critically examine the foundations of Australian company law;
3. Critically discuss and apply contract and tort law in business circumstances;
4. Critically analyze the concept of corporate internal rules and management;
5. Critically discuss and apply the legal framework that regulates a company’s dealings with outsiders;
6. Analyze the interaction between members’ rights, directors’ duties, and corporate governance;
7. Analyze the procedures regarding external administration and winding up.
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The questions to be answered are:
Barbara was a regular shopper at Egeeay Supermarket, which was part of a large national supermarket chain. She was there at least once a week and sometimes more often if the specials were really good.
When Barbara was there this week, she slipped on some grapes in the pet-food section in aisle 3, slipping and falling, and breaking her ankle. The store manager was not sure how the grapes got there or how long they had been there, but the store policy was to do checks every 15 minutes of the floor in the fruit section. The store manager indicated that there were a number of spillages every week in the greengrocery section of the store.
The store owner wishes to know:
- Whether Egeeay Supermarket owes a duty of care to Barbara?
- If they do, has it breached that duty of care?
- Whether your answer would be different if Barbara had slipped on some grapes in the fruit section of the store.
Brown purchased a pair of woolen underpants from Underwear Galore in Adelaide. As a result of wearing the underpants without first washing them, he contracted dermatitis as the underpants contained bisulfite of soda, which it was found had been left in the underpants during the manufacturing process. The underpants had been packaged in a clear cellophane wrap, but the bisulfite of soda couldn’t be seen on a reasonable inspection by either the retailer or the buyer.
Has Brown any remedy or remedies available to him against the retailer, Underwear Galore, under the Australian Consumer Law? Explain what Brown has to establish in order to succeed in action and whether, in your opinion, he would be successful.
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What are the advantages and disadvantages of becoming a franchisee? Should a person consider going into business the first time consider a franchise? Discuss.
What is the significance of Salomon v A Salomon & Co Ltd  AC 22? What is the ‘corporate veil’ and when is it permitted to be lifted under the Corporations Act?
Tristan is considering buying shares in a company. Tristan asks you to explain to him what is meant by the terms ‘member’ and ‘shareholder’, and the different ways in which a person may become a member. He also asks you to explain who may be eligible to become a member, and how many members a company is permitted to have. Finally, Tristan asks: how does a person cease to be a member of a company?
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