Raylene Slonia and AK Manufacturing Ltd Case Study - Quadbikes - Business Law Assessment Answer

Assessment Task:

Raylene Slonia and AK Manufacturing Ltd Case Study  Business Law Assessment Answer

Question 1  

(a) Raylene has ventured out into business and established a technology company called NoTasker. The business involves getting university students to do menial tasks for a small sum during university holidays. In early 2019 the business was booming and Raylene was thinking about expanding the business to cover high school students. She was introduced to Slonia, a professional accountant and financial adviser. They discussed Raylene's business expansion plans. Slonia agreed to prepare a business plan for Raylene and, of course, according to Australian standards. Slonia advised Raylene that she was in a sound position to expand and recommended that she seek a loan to fund the expansion plans. Raylene relied on Slonia's advice and acted on that advice, as follows. In May 2019, Raylene borrowed $175,000 from Wisdom Credit, a small credit union, that provided loan and overdraft facilities. Raylene then signed a five-year lease on a new premise and bought some new computers. Business suddenly went sour. Slonia admitted that she had not adequately factored in her pre-existing debts, had underestimated the significant establishment costs associated with the expansion plan. Raylene also found out that the financials in the business plan were not undertaken in accordance with Australian standards. Slonia explained to Raylene that in addition to reviewing Raylene's financial position, she also consulted her Astrological chart. The charts showed that Raylene's business would reach financial success. Raylene is now unable to repay Wisdom Credit and they are seeking to make her bankrupt. 
Advise Raylene about whether she has a claim against Slonia, citing relevant statutory and case law authority, using the ILAC format. 

Question 2 

(b) AK Manufacturing Ltd is a medium-sized manufacturer of quadbikes. Paul had recently purchased one of AK's quad bikes. He was riding it out on the farm and in accordance with AK's instruction manual. All was going well until one of the wheels broke off following which Paul was thrown off it and landed on his shoulder. Paul suffered a broken shoulder and the quadbike ended up at the bottom of the creek. It was completely beyond repair. Paul spent 5 days in the hospital and then 2 months off work. The hospital charged him $4,000 and he lost his usual wage of $375 per day. AK has a history of defective products. They don't check the welded parts for cracks nor do they make sure that the quad bike is designed to handle the proper forces of operation. It turns out that the wheel came off because there was a crack in the axle which ultimately got bigger and bigger. The crack was present because the employee welder, Weldon, didn't do the proper preparations to the axial before he welded the quadbike. AJ's employee engineer, Mechanangello, also made a fundamental mistake adding up the forces on the axial, so it was half as strong as it should have been for normal operations. 

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