22 Jun OUTLINE WHY THE CONCEPT OF ARTIFICIAL LEGAL PERSON IS A FICTION?
Part A (each question 1/2 page only) 1. Outline the effect ACL has on contracts. 2. Outline the advantage and disadvantage of a sole trader compare to partnership. Part B (each question one only) Case study (a) ( issue, rules ,apply, conclusion) Sarah receives a catalogue in the mailstating 10% of all items at pebel sports .she goes to the store and pick a number of items. She takes them to the counter. The girl at the counter states “we had to finish 10% early as we were losing money sorry”. Can Sarah demand 10% off? Case study (b) ( issue, rules ,apply, conclusion) TBA pty ltd has an outstanding debt to play things pty ltd which has been outstanding for a number of months sarah & jane are directors of TBA pty ltd and decide to appoint an administrator ABE pty ltd is also owed money. 1. What options available to creditors? 2. Has sarah & jane breached corporation act? 3. What happen if a liquidator is appointed? Part C essay question (each question two pages) 1. Why is corporate governance important? 2. Outline why the concept of artificial legal person is a fiction? Hints for part B (case A) Issue :- is there a valid offer Rules:-carrilli & calibolic smoke ball need to discuss the difference between invitation to treat and offer( use case to support) Apply:- Conclusion:- Issue :- how can an offer be terminated? Rules:- an offer can be terminated anytime before acceptance. Apply:- Conclusion:- Issue:- was there acceptance Rules :- related to acceptance
Part A (each question 1/2 page only)
1. Outline the effect ACL has on contracts.
2. Outline the advantage and disadvantage of a sole trader compare to partnership.
Part B (each question one only)
Case study (a) ( issue, rules ,apply, conclusion)
Sarah receives a catalogue in the mailstating 10% of all items at pebel sports .she goes to the store and pick a number of items. She takes them to the counter. The girl at the counter states “we had to finish 10% early as we were losing money sorry”. Can Sarah demand 10% off?
Case study (b) ( issue, rules ,apply, conclusion)
TBA pty ltd has an outstanding debt to play things pty ltd which has been outstanding for a number of months sarah & jane are directors of TBA pty ltd and decide to appoint an administrator ABE pty ltd is also owed money.
1. What options available to creditors?
2. Has sarah & jane breached corporation act?
3. What happen if a liquidator is appointed?
Part C essay question (each question two pages)
1. Why is corporate governance important?
2. Outline why the concept of artificial legal person is a fiction?
Hints for part B (case A)
Issue :- is there a valid offer
Rules:-carrilli & calibolic smoke ball need to discuss the difference between invitation to treat and offer( use case to support)
Apply:-
Conclusion:-
Issue :- how can an offer be terminated?
Rules:- an offer can be terminated anytime before acceptance.
Apply:-
Conclusion:-
Issue:- was there acceptance
Rules :- related to acceptance
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