NICLEGL1001: Tan and Ben Case Study - Law to the Facts - Business Assignment Help

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Assignment Task :

QUESTION:

Scenario

Tan and Ben are good friends from university and they share a flat together. Both of them are studying music for their degrees – Tan plays the violin and Ben plays the piano. They need some extra money, so they decide to start some music lessons for school children at their house. 

At first they just have a few students each, but soon word spreads that they are great music teachers and they both have over 20 students each. To make things look more professional, they decide to call themselves “University Music Teachers”. They have a sign made to put outside their house and they hire their friend Jess to take bookings for them and to handle all of the payments and accounts. The business does really well. They never sign a formal agreement. Each of them simply get the money from the students they teach.

Then Ben has a bad case of covid19 and is in hospital for many weeks. He is delirious most of the time. Tan is really concerned that their business will suffer. So while Ben is in hospital, Tan goes in and gets him to sign a document saying that Ben is handing over all of his students to Tan. Now Tan gets all of the profits. But Ben has no idea what he is signing as he is so sick. Tan realises this but gets Ben to sign it anyway.

Three months later, Ben is well again and he wants to resume teaching classes. Then he discovers he is no longer a part of the business.

You are a solicitor. Ben comes to you for legal advice. Advise Ben.

Task List

You are the solicitor who has been engaged by Ben to help them sort out their issues with Tan.

In relation to the different problems they have:

  1. Identify the legal issues (there are 2 issues)

  2. Summarise the relevant rules

  3. Apply the law to the facts

  4. Advise them of their options in your conclusion.

It may be easier to separate each problem into 2 separate IRAC tasks.

 

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