BUMAN103A: Business Law - Damon - Jessica Bell - Joseph and Diana Case Study - Law Assignment Help

Assignment Task:

Question A  

Joseph and Diana run a successful art shop in North Sydney as a company J & D Fine Arts Pty Ltd (“J&D”). They have decided to expand the business and as such J & D has purchased vacant land at Parramatta and they have obtained approval from Council to build their second shop. 

Joseph and Diana approach Iconic Designs Pty Ltd “Iconic” as the construction company for the building. Iconic’s solicitors have prepared a Contract and it is currently being considered by Joseph and Diana. Three of the Contract terms (set out below) have been highlighted by Joseph and Diana to be further explained before they sign the contract. 

Questions: 

Q1.

(I) For each of the above 3 clauses – Describe what type of contract term it is and what remedies may follow a breach of that term; AND 

(ii) Explain what would be the likely outcome under this contract if the contractor built 1.98m high pillars and not 2m high as set out in clause 2?      

QUESTION B

Questions: 

1. Using the example above, describe each of the elements which are required for a valid contract when it is made electronically?   (10 Marks) 

2. How has the law in Australia been able to develop to address business transactions which are undertaken electronically?  (15 Marks) 

Your answer must include legislation and case-law. 

Question C   

In 2018 Jessica Bell signed a Loan Contract with BAK Bank (“the Bank”) for a $1million loan for her start up organic farm. The Bank required Jessica to have a guarantor for the loan.  Jessica’s mother, Mrs Bell agreed to use her home as security for the loan.   

Mrs. Bell was at this time in her mid-80’s, recovering in hospital from recent heart surgery and was partially blind such that she could not read or write. The Bank Officer used the Banks’ usual procedures in providing information to Mrs Bell on the effect of going guarantor for her daughter’s business loan. The Bank’s usual procedure was to hand to the potential guarantor their helpful brochure ‘Guide to Being a Guarantor’. The Bank Officer attended the hospital with Jessica and Mrs Bell and handed the brochure to Jessica who on behalf of her mother said it was “all good”. Mrs Bell then proceeded to sign the Deed of Guarantee saying she “would do anything to help her daughter”. 

Jessica’s business failed and 2 years later the Bank have stated they will now proceed with an action to take possession of Mrs Bell’s home in accordance with the Loan Guarantee.  

Questions: 

Q1 Using Contract Law principles describe for Mrs Bell how she can challenge the Bank’s claim to repossess her home? You must include case-law to support your answer and include a discussion of the broader professional and ethical issues raised by the scenario.  (15 Marks)  

Q2 Describe one Court procedure and two Alternative Dispute Resolution procedures which Mrs Bell could use to seek help against the Bank’s claim to repossess her home. Analyse the likely effectiveness of these Court and Alternative Dispute Resolution procedures to assist Mrs Bell.            (10 Marks) 

Question D  

Damon wishes to start up a business with his brother Keith. The business is to be a building design business which they will operate together. Damon and Keith are both trained architects and they each have a wife and young children. They each own their own home, and each have approximately $20,000 in cash in which to input to the business.  

Neither Damon nor Keith have ever operated a business before. They have only ever been employees up until now.   

Keith has already designed a graphic for their business which has an artistic house on a cliff which they are proposing to insert their business name into.  

Damon’s greatest fear is that Keith can be overconfident. Keith will often make claims he has specialised skills in large scale designs which he does not have any experience in at all.  Damon is concerned Keith may overstate his skill and take on large design jobs which are beyond his ability and experience. Damon does not want to risk losing his house if something goes wrong but doesn’t know how to handle Keith in this situation. 

Questions: 

Q1 Provide a report to Keith and Damon recommending a business structure. Your report needs to include an explanation of at least two different business structures that Damon and Keith could consider and the legal aspects of each.  

Include in your report recommendations to address the possible difficulties of them working as a team as raised by Damon.           

Q2 Explain how Keith and Damon can protect Keith’s house graphic under Australian law?       

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