Law Case Study On 6 Cases Of Business And Legal Environment

Law Case Study On 6 Cases Of Business And Legal Environment


Task: There are SIX (6) Case Studies in this Task. You must attempt all Case Studies and answer all Questions.

CASE STUDY ONE:(Law of Torts - Negligence)

Gordon, was walking inside the Westfield Shopping Centre as it was a wet morning. He slipped on the tiled floor in the foyer of the Shopping Centre and sustained injury.

  1. Briefly provide advice to Gordon whether he can exercise legal actions against the shopping Centre for tort of negligence, and what sort of damages he would be entitled to?
  2. Briefly provide advice if there is any applicable defence available for the shopping Centre after being sued by Gordon.

CASE STUDY TWO: (Business Structures)
Warwick and Sunny want to set-up a college using money that they have and that they have borrowed from family and friends. They are not sure about the best business structure to run a college.

  1. Briefly recommend a business structure and provide advice to Warwick and Sunny on the advantages of the business structure that you have recommended.
  2. Briefly outline the registration process for the business structure that you have recommended to Warwick and Sunny.

CASE STUDY THREE: (Law of Contracts)
Mr. and Mrs. Garmin a middle-aged newlywed couple, booked their two week honeymoon package to Bali from “Tours with Us” in Melbourne, after reading their advertised travel brochure. The brochure had many promises but only a few were fulfilled during the couple’s trip. They were the only guests in the Hotel. The owner couldn’t speak English and the room provided to them was not the honeymoon suite as advertised. They were promised that breakfast would be included, but only coffee was provided for them during their stay. Mr. Garmin who was very distressed decided to sue “Tours with Us” for breach of contract.

  1. Briefly explain whether there is a contractual relationship between Mr. and Mrs. Garmin and “Tours with Us”. If you have identified that contract is created amongst these parties, then advice whether that contract was a valid contract.
  2. Briefly explain what sort of remedies are available for Mr and Mrs. Garmin for breach of contract by “Tours with Us”?

CASE STUDY FOUR: (Consumer Law)
The new Telephone Answering Machine that Joanne’s mother gave her as a birthday present failed to work. When Joanne took the machine back to the store with her mother’s receipt, the customer service representative told her, “that this appliance was bought at a sale and our policy clearly states that we do not refund on sale items. But we will give you a credit voucher for the sale price. Unfortunately, the machine is now on sale at the regular price which is $25 more than your mother paid”.

  1. Briefly identify and provide advice to Joanne of her rights under the Australian Consumer Law.
  2. Briefly explain the consequences for the Customer Service Representative if Joanne proves that there was a breach of her consumer law guarantees.

Suggested Solutions:

CASE STUDY FIVE: (Employment Law)
Until last week, Warwick was working for“ Professional Posts Pty Ltd” as independent contractor. His contract expired last week and but he is still continuing to work for the company without renewing the contract. Despite the fact that he bought and maintained his own courier vans, he had to work set hours, drive a set route and wear the Professional Post’s uniform with the company logo. He had to accept the work that was allocated to him and deliver the packages according to the company guidelines. He was under strict supervision and was receiving direct orders every day. One day on his way to a delivery he injured himself.

  1. Briefly explain whether Warwick can be classified as an employee of Professional Posts Pty Ltd
  2. Briefly explain the main factors that courts are likely to take into account in determining whether a worker is an employee or independent contractor

CASE STUDY SIX: (Workplace Health and Safety)
Fred has developed a lung infection that appears to have been caused by the fine particles of plastic that escape from the cutting machine he operates at “Ruthless Engineering”. Fred’s boss doesn’t believe him and refuses to advise the workers compensation insurer or the relevant regulatory body. He warns Fred that if he speaks out about his infection, he will be dismissed.

  1. Briefly explain the regulations that Ruthless engineering should follow to comply in the state in which you live.
  2. Advice “Ruthless Engineering” on how they can stop this happening in the future and avoid potential hazards in their business operation.


First Case Study (Torts Law)

A few facts and aspects of the circumstance as it is described in the law case study are ambiguous, necessitating a presumption in order to investigate the viability of Gordon's potential damages. According to the complaint, Gordon was hurt when he slipped on the tiled floor in the Westfield Shopping Center foyer. The Shopping Center can be charged with carelessness because Gordon was injured as a result of the damp floor that needed to be dried but wasn't. Therefore, under Section 8 (1) of the Law of Negligence and Limitation of Liability Act, 2008