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Business law sample paper instructions

Published under category: Sample Academic Papers | 2014-10-10 13:04:54 UTC

Context: Australian Business Law

Note: make sure the Australian legal system Font should be 12pt times roman, 1.5 x line spacing, at least 3cm left margin and all work appropriately referenced using Harvard Referencing system. All citations MUST be in the TAFE Harvard format. Marks will be deducted for incorrect format of citations and reference lists, missing citations and inadequate number of citations. Make sure references in text including page number. Research report 3000 words Tutorial Paper Question 1 Mitchell, a 45 year old Interstate Bulk Tanker driver, has just found himself unemployed after the company he was working for went broke. Rather than getting another job working for someone else, he decided that he has adequate experience and a sufficient number of business contacts to buy a Truck and Trailer and set up his own business. Mitchell has been driving trucks since he was 19 years old and has been driving Bulk Tankers since he was 27 years ole. He has an unblemished driving record and is very good at meeting deadlines and complying with all relevant fatigue laws but he knows nothing about how to successfully set up or run a business and certainly has no idea about business structure, compliance or taxation. Mitchell's wife Kayla is very concerned about his new business venture and wants to ensure that their home and their other investments are properly protected, so she insists that they go and see Jim, their personal Accountant. Jim arranges for a partnership to be set up for Kayla and Mitchell explaining that with a partnership structure they will have limited liability and that in the event the something goes wrong in the business they will not lose their personal assets. They will be fully protected. Both Kayla and Mitchell are really excited about their new adventure in life and they call their new business "KayMi Tankers". Due to his excellent reputation as an experienced driver, the fact that his old boss is no longer operating and his business contacts, Mitchell immediately signs a number of contracts for work carting and delivering dangerous goods within New South Wales and Queensland. After 6 months, Mitchell is no longer able meet all his delivery requirements with just 1 truck and trailer combination. After consultation with Kayla and Jim, he decided to purchase 2 more truck and trailer combinations and employs Matthew and Daniel as full time drivers. Due to the rapid expansion of the business, Mitchell and Kayla decide that Kayla will work for the business full time. Matthew and Daniel, like Mitchell are both very experienced and safe drivers and have been working for many years as Bulk Tanker drivers. Their job, as interstate bulk tanker carriers requires them to work long hours, while ensuring client delivery requirements are satisfied and all relevant laws are complied with. Due to the long hours they all spend away from home, Mitchell, Daniel and Matthew have grown accustomed to taking calls whilst driving their trucks. As Mitchell and Kayla are very safety conscious, they ensure that all their trucks have the latest tracking, Bluetooth and navigation systems. All vehicles are regularly serviced and maintained. One day while driving to a gold mine, Daniel receives a phone call from Kayla which he takes. Unfortunately the Bluetooth system is broken, so Daniel leans down to take the all without using the hands free system. Unfortunately when he looks up, there is a vehicle heading towards him in his lane. Daniel swerves to miss the oncoming car but, in the process of doing so, side swipes the oncoming vehicle, hits a telegraph pole and the truck rolls into a table drain on the side of the road and rolls over spilling the contents of the tanker. Daniel is rendered a paraplegic as a consequence of the accident, cyanide is spilled all over the road, the surrounding area and into the drain and the driver of the other vehicle fractures their pelvis. Thankfully no one else in the other vehicle was injured but due to the cyanide that has spilt into the drain, Mr Pots' dam becomes contaminated and when his cattle drink from the dam they become severely ill and 90% of them die, resulting in catastrophic financial implications for Mr Pots. Additionally, due to the damage to the telegraph pole, the electricity supply is cut to the street and it takes several days for the electricity to be restored, causing problems for ALL of the surrounding business, farms and private residences. All the affected farms, businesses and private residences are now pursuing both Daniel and "KayMi Tankers" for damages for loss of business, loss of perishable food items and the cost of water they have had to bring in to ensure that they and their animals are not poisoned by with the death of his cattle, including lost revenue he would have received from selling them at the auctions. Mr Pots has also been diagnosed with Depression which he attributes the stress caused by losing his livelihood as a result of Daniel's accident. Although Daniel has been able to obtain workers compensations he also want to bring an action against "KayMi Tankers" and Mitchell and Kayla personally for unsafe working conditions and also wants to sue the driver of the other car for negligence. Daniel claims a combination of these two factors caused the accidents. Additionally, as a direct result of Daniel's accident, "KayMi Tankers" has lost all of its contracts and the business is unable to meet its debts as they fall due. Mitchell and Kayla are now beside themselves as it looks as though the partnership will be placed into receivership and their new accountant Susan has advised them that t hey will be liable for the debts of the business as their previous accountant Jim got it wrong then he advised them that a partnership provided limited liability. This means that their family home, their personal share portfolio and the property Kayla inherited from her mother when she passed away could be accessed by the creditors to meet the failed business's debts. Advise all parties of their likelihood of success. ASK FOR THIS AND SUCH OTHER BUSINESS LAW ESSAYS FROM WRITINGS PRO ORDER PLAGIARISM FREE PAPER


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