Law Assignment

Week – 6
Answer:
a) Yes, Egeeay supermarket owes a duty of care to Barbara. Because it is the responsibility
of the shop to ensure the safety of the customers. When anyone of the consumer injured
within the shop, it is the duty of the shop owners to take care of the injured consumer.
Barbara slipped within the Egeeay supermarket. So, it is the responsibility of the
supermarket for the further treatment of Barbara. She was also a regular customer in the
supermarket. So, if the Egeeay supermarket does not care for her, she can choose any
other supermarket for shopping. It reduces the profit of the Egeeay supermarket and also
negatively affect the Egeeay’s brand image in the market. It also creates a bad impression
on the other customers. Because the situation of Barbara creates anxiety on other
customers that the owners of Egeeay supermarket will not owe responsibility when they
are injured within the Egeeay supermarket. So, it is the duty of Egeeay supermarket to
care for the injured customer, Barbara. Moreover, the contention of the store, how the
grapes got there and for how long it was laying there sounds quite lame.
b) If the Egeeay supermarket does the caring of Barbara, it does not breach the duty of due
care. Because it is the duty as well as the responsibility of the Egeeay supermarket to take
care of all customers, it helps the supermarket to creates goodwill among the customers
and also enhances its brand image in the market as a high socially responsible outlet. It
also helps them to increase profit because customer-friendly supermarkets are the main
preferences of the consumers.
c) No, the answer won’t be different because it is always the duty of the Egeeay
supermarket to owes the care of its customers, i.e. Barbara. Because Barbara was slipped
within the Egeeay supermarket, it is the duty of the store manager to ensure that there are
no substances on the floor, which can harm their customers. So, either Barbara slipped on
grapes or any other way it is the duty of Egeeay supermarket to ensure further treatment
of Barbara. Because she is their customer. It is the duty of the owner to take care of the
safety of the customer. However, such liability depends upon the fact whether the event is
foreseeable or not and whether the store has adequate measures for avoiding happening
of such instances. In the given scenario,
Week – 7
Answer:
A pair of woolen pants, Mr. Brown bought. He finds out after wearing it that he had a dermatitis
condition. He observed that during the processing process the samples contain bisulphite soda.
The seller or customer did not notice this at the time of the transaction, because the trousers were
covered with a layer of cellophane. It is also provided that on ordinary inspection, the buyer or
the retailer could not be able to see the bisulphite of soda in it.
In the present case, I assume that Mr Brown may remedy the fact that he is suffering from an
illness because of the negligence of manufacturers in compliance with provisions of the
Australian Consumer Law. He can say that the commodity has been substituted or paid. The
legal rules recommend that, first of all, by sending a complaint letter to the client, he will be able
to seek damages from the client legitimately if he fails.
The objective of Australian consumer law is to promote fair trade legislation in each country and
territory in order to enhance the benefit of Australians and to generate greater business and
commerce opportunities of the country and its residents. Uniform consumer protection
legislation is covered by Article 2 of the Competition and Consumer Law 2010, pursuant to
Australian consumption laws.
As stated, Mr Brown may be found eligible for remedies under the Australian Consumer law
against the retailer Galore. The explanation being, in compliance with Australian legislation, for
losses that the customer has sustained due to a fair product issue, every customer may claim
compensation, when the product received is defective or when it is not according to the
representation made to him/her at the time of purchase.
In my opinion, yes, Mr. Brown would be successful.

Week – 8
Answer:
Franchisee can be a company or an individual who holds a franchising license for the operation
of a service or sale of a good provided by the franchisor. There are several advantages and
disadvantages of becoming a franchisee, which are provided as under:
Advantages of becoming a franchisee are as follows:
 Franchisees can enjoy the independence of small business owners under the supervision
of big business organizations.
 No additional experienced business strategist is required because the big shot business
organization already sets the model and the franchisee needs to implement it under its
direct supervision.
 Franchisees are more successful than startups as per the latest record.
 It is easy to avail of finance to start a business because a franchisee holds the name of big
brand with it.
Disadvantages are as follows:
 There is no complete autonomy.
 It is only entering into a formal agreement with a large business organization, without
having any control or right in such large organizations.
 There are plenty of operational restrictions.
 Franchisees need to share profit with the larger organization.
No, the franchisee should not consider going to the franchise business for the first time. It is
better to find a financer from the market instead of getting a business model from other
organizations. Moreover, the franchise does not ensure autonomy to business. Thus, it must not
be considered.
Week – 9
Answer:
The Saloman versus A Saloman & Co Ltd (1897) AC 22 is the law case of UK company. The
importance of the case is to know the doctrine of corporate personality which comes from the
companies Act 1862, this explains creditors of any bankrupt company cannot claim for any's
shareholders to pay the liability or outstanding debts. If the company is incorporated then it will
be a separate legal entity. Its members will be considered as disjointed, their liability will be
limited too. The main significance of the case is it gave the reason to the separate entity
principle, a limited company will be a legal entity or it will not be so. Whenever company will
sue it will use its name and its assets not of its shareholders.
The corporate veil is a legal term that explains that there is a difference between the personality
of the corporation and the personalities of shareholders, and this saves them as a different
personality who is not liable for the company's debts and other obligations. It is a legal decision
to deal in a way that the rights and duties of a company are the rights and duties of shareholders
too. The corporate veil is always lifted when the legal position of the company and the case of
corporate body is ignored. The other case is when the members of the firm are found to be a part
of any fraud or improper conduct.
Week – 10
Answer:
Purchasing shares in a company means that the buyer is the owner-percentage of a company's
total equity. The individual institution that signs the Association Memorandum (MOA) is a
member of the organization. When the company resists the details of part of the organization’s
register, it is at this point an individual from the organization. The investor of an organization,
regardless of the number or the rate of property in the organization, is either individual or
institution that has purchased the shares of a specific organization. The investor cannot be a
person from the organization in such a way until the investor's details or the shareholder are not
included in the organization's register book.
 A person can become an accompanying person from the organization:

 A person may subscribe to and sign an organization Memorandum of Association
(MOA).
 By transfer of shares through a transferor who is included in the organization register.
 However, by receiving the shares any transmission which is already recorded in the
company's register.
 By taking the organization's qualified shares and also paying for it.
 By becoming profitable owner of shares that is now listed in the organization register.
The accompanying person becomes a minor, company, partner company, subsidiary, foreign or
fictitious person of the organization. There may be at least two people in an organization. If the
person's name is expelled from the organization's registry book and the rights are transferred to
the organization, his name shall be terminated and his organization will no longer be individual.
In case he owns the organization's shares, or he buys and signs an Association Memorandum
(MOA) or acquires qualified shares, Tristan may be an organization’s member.

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Week – 6

In my opinion, yes, Mr. Brown would be successful.

 A person can become an accompanying person from the organization:

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