Business Law | My Assignment Tutor

WENTWORTH INSTITUTE OF HIGHER EDUCATION  FINAL EXAMINATION  MP123 Business Law  Semester 1, 2020  Examination duration:  Three hours.   Note: The amount of work expected from students is equivalent to that expected in a two hour on-campus exam, however extra time is allocated to allow for registration at the commencement of the exam, reading time, and the time involved in typing and uploading the finished answers. Total marks available:  40 Exam conditions:  This is an OPEN BOOK examination.   All answers are to be typed as a Word document (not PDF).  Your full name and student number MUST be included on each page of your submitted answers.  Ensure that for each question, you write the question number followed by the answer, for example, Q1, the answer is such and such, question 4, the answer is … . Submitting your completed answers:  Completed answers must be uploaded to the Exam Drop Box in this subject’s Moodle site BY NO LATER THAN THE END OF THE TIME ALLOWED FOR THE EXAM.  Please note that you should try to upload at least 5 minutes before the scheduled cut-off time.  MP123 Business Law  Instructions to students:  Answer ANY FOUR questions.  Each answer should be approximately 800-900 words.  Each question is worth 10 marks (40 marks in total).   Questions QUESTION 1 Explain the property law doctrine of adverse possession and how it operates in New South Wales. QUESTION 2 The doctrine of precedent is a major characteristic of the law in countries following a common law system. Explain what is meant by the doctrine of precedent and how it is utilised in Australia. QUESTION 3 Bibek owns a beautiful antique Indian carpet. Swostika loves the carpet and had begged Bibek to sell if to her on a number of previous occasions. On 10 June, Bibek makes an offer to Swostika by post to sell her the carpet. He offers to sell her the carpet for $50,000 and gives her 21 days to accept. However, Swostika is having some difficulty raising the money, so she does not reply immediately. In the meantime, Rajesh approaches Bibek and offers him $60,000 for the same carpet. Rajesh has the amount in cash and so Bibek decides to accept his offer, takes Rajesh’s cash and gives Rajesh the carpet. Swostika is not aware of this. On 19 June Swostika finally secures finance and then posts her acceptance of Bibek’s offer to Bibek. Swostika then discovers that Bibek has sold the carpet to Rajesh and is very upset. Swostika comes to you for advice as to what she can do. Advise Swostika. In your advice, please ensure that you refer to relevant case law. MP123 Business Law  QUESTION 4 Bimala is interested in buying a new house and has found a house she likes in Surry Hills. Bimala comes to you for advice about which of the following items would pass to her automatically if she buys the house: A plastic bird bath which rest on the ground in the back garden;A concrete swimming pool in the back garden;A tapestry attached by small tapestry nails to the wall of the living room; andA barbecue on wheels on the back deck. Advise Bimala. In your advice, please ensure that you refer to relevant case law.. QUESTION 5 Explain the facts and the important principle established by the contract law case Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] EWCA Civ 6. QUESTION 6 Carlos buys a second-hand laptop computer from Central Station Computers Pty Ltd. Carlos pays $420 for the laptop computer and then spends a further $75 for it to be overhauled by Central Station Computers Pty Ltd. After using the computer for four (4) months, the police arrive at Carlos’s home and ask to examine the laptop computer. The police then tell Carlos that the laptop computer had been stolen. They then take it away. The police later return the laptop to Ganesh, its original and true owner. Advise Carlos of his rights against Central Station Computers Pty Ltd (if any) under the Australian Consumer Law. QUESTION 7 A number of structures are available for businesses under Australian law. Two of these structures are the sole trader and the company. Explain these two structures as well as the benefits and detriments of each. MP123 Business Law  QUESTION 8 Amarjeet and his good friend Amrita go to a local Indian restaurant for dinner to celebrate Amrita’s 20th birthday. Being a true gentleman, Amarjeet tells Amrita that he will pay for her dinner. They enjoy a lovely meal of chicken tikka masala and roti bread. As it is a special occasion, Amarjeet orders a fine bottle of red wine produced by his favourite vineyard, Windsor Valley Wines. As Amarjeet pours some of the red wine into Amrita’s glass, part of a cockroach falls from the bottle into her glass. Amrita is terrified of cockroaches and becomes very distressed. In a matter of moments, Amrita faints and falls to the floor. Amarjeet takes Amrita to the nearest hospital where she spends three days undergoing medical tests. The hospital tests reveal that Amrita has contracted a serious case of food poisoning. As a result of her confinement in hospital, Amrita loses three days of pay from her casual position as an administrative assistant. Amrita must also pay $2000 for her hospital stay and the associated costs for the medical tests. Amrita comes to you for your advice as to what rights she may have against Windsor Valley Wines. Advise Amrita. In your advice, please ensure that you refer to relevant case law.. QUESTION 9 Name and explain the meaning of four (4) of the consumer guarantees set out in the Australian Consumer Law. END OF EXAMINATION  


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