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Subject Code : HI6027
Assignment Task
 

Purpose of the assessment (with ULO Mapping)

The purpose of the Group Assignment is to provide students with an opportunity to work in a collaborative environment in solving two case problems by citing the relevant legal rules and cases and applying these to the facts of the case.
In this Group Assignments, students are required to:
- Critically analyse the ethical implications of legal decisions and how they impact on the business environment. (ULO 2)
- Assess the obligations, rights and remedies available to parties in particular commercial relationships. (ULO 3)
- Critically examine the foundations of Australian company law. (ULO 4)
- Critically discuss and apply contract and tort law in business circumstances. (ULO 5)
- Critically discuss and apply the legal framework that regulates a company’s dealings with outsiders. (ULO 7)

Part A: Corporations Law question
Kellie has gathered a few friends together in order to start up a new business that will import goods from various parts of the world, which will be placed into baskets for the purpose of gift giving. The company Gift Baskets Co is proposed, Kellie is to organise the registration of the company and to ensure all the appropriate formalities are complied with. Each friend has promised to put up $10,000 individually, with a proposed capital sum of $40,000 to be established for the new company.

Kellie instructs a local solicitor to establish the necessary documents for the new company. She orders 1,000 wicker baskets to be delivered to her home address, which is to be the headquarters of the new company. Kellie has also contracted a local designer to create a logo for the company’s products.
After two weeks, none of the friends have been able to contribute any money to the venture, due to individual problems such as school fee payments, car accidents and payments for care of parents; none of the participants except Kellie have done anything in regard to the proposed company.

The solicitor informs Kellie that the company is ready for registration and presents a bill for her work. The baskets are due to arrive and they need to be paid for, and the local designer wants to be paid for their work.
No company has been registered, and the likelihood of any future registration is very doubtful.

Required:
(a) Who is liable for the various amounts that Kellie has contracted for on behalf of the company that is (or was) to be formed?
(b) If Kellie does register a company, will that mean she is no longer liable for the various contracts she entered into on behalf of the company?

 

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  • Posted on : July 05th, 2019

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