CLWM4000: Business and Corporations Law - Ms Karla Tulli Case Study Analysis - LAW Assignment Help

ASSIGNMENT TASK:

TASK:

Using the Case Study provided, you will need to undertake an analysis of the various legal issues that are identified, cite relevant rules applicable to the issues, explain the application of the rules to the facts/situation in the case scenario using the IRAC method.

CASE SCENARIO

Ms Karla Tulli is a Certified Practising Accountant (CPA), who has two specialisations in Accounting and Finance. Ms Karla Tulli has been running her own small accounting firm for only three years. In order to attract new clients she has placed an advertisement in the local newspaper indicating that she is a “Fellow of CPA Australia”. “CPA registration is a mark of high professional competence. This registration indicates that the accountant complies with quality of accountancy knowledge”. In May 2019, Mr Sam Tylor (Sole Trader) a former client complained about Ms Karla Tulli’s accounting services with CPA Australia. He was very unhappy because he received a fine from the Australian Taxation Office (ATO) regarding his Tax Return. Mr Sam Taylor was found in guilty of tax evasion and tax minimisation When Mr Sam Tylor had approached Ms Karla Tulli after the financial year to lodge his Tax return, he told her he wanted to maximise his tax deductions. Ms Karla Tulli responded to Mr Sam Tylor “Don’t worry... you are with “the best Fellow of CPA Australia”, “I will make sure you are well looked after”.

Mr Sam Tylor remembered when he had provided Ms Karla Tulli “via email” all his bank statements and scanned copies of every single Tax Invoice he provided to his clients. He also provided the expenses that he had to incur in order to run his business. When Mr Sam Tylor visited Ms Karla Tulli in her office, she advised him that he should collect any expenses receipts from his family members and that it didn’t matter if these receipts were not related to his business activity.

QUESTION 1 (10 Marks)

• Please advise Mr Sam Tylor that if he entered in a contract with Ms Karla Tulli whether this contract can be invalidated under the principles of Contract Law.
• In your answer explain the meaning of Contract and how the Elements need to be satisfied in order to make a simple contract valid
• You will need to address all the “essential elements of a contract” including (Offer and acceptance, intention and consideration) as well as “elements of a valid contract” (Capacity, Legality, Genuine Consent, Mistake, Misrepresentation, Durres, Undue Influence and Unconscionability.
• You will need to address and explain “Remedies” available for Mr Sam Tylor
 

QUESTION 2 (10 Marks)

• Please advise Mr Sam Tylor if Ms Karla Tulli breached his Australian Consumer Law Guarantees.
• In your answer explain to Mr David Miller what are his Australian Consumer Law Guarantees under the Competition and Consumer Act 2010 (Cth) Schedule 2.
• You need to justify your view as to whether these guarantees are available.
• Explain the remedies available to Mr Sam Tylor and the penalties that can be imposed to Ms Karla Tulli

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