business law考题总结(完善版)

Topic 1

1.An example of public law is:

A.A wife being charged with the murder of her husband

B.A student signing a lease on an apartment to rent.

C.A claim for damages for negligence

D.A woman seeking custody of her children

2. Explain the Doctrine of Reception.

3. What is a precedent?

4. What do we call the part of a judge's decision that must be followed in lower courts in the same hierarchy?

5. What is the difference between the standard of proof in a criminal matter and in a civil matter?

Topic 2

1. Who represents the Crown in Federal and State parliaments?

2. The name of the Upper House in the Federal parliament is the Legislative Council. T/F

3. Explain the Doctrine of the Separation of Powers.

4. What is the name of the arm of government that interprets and applies the laws made by parliaments?

5. The following extract is from a newspaper article and contains many errors and

corrects them, explaining the reasons for your answers.

Jane is suing Billy negligence, claiming that the food she ate in his restaurant was not fresh and made her ill. She is claiming specific performance for ＄50,000 from Billy. The trial is set for June 12 in the Supreme Court of Victoria. To avoid going to jail, Billy must prove beyond reasonable doubt that the food in his restaurant was not the cause of Jane's illness.

Which court has jurisdiction to hear matters involving the interpretation of the Australian Constitution?

Topic 4

Examine the Court Hierarchy in Australia and answer the following questions.

1. Which court has jurisdiction to hear matters involving the interpretation of the Australian Constitution?

2. The County Court of Victoria hears summary criminal matters. T/F

3. Which court is at the intermediary level of the Victorian Court hierarchy?

4. Provide legal definitions of the following two legal terms:

Ratio Decidendi

Precedent

5. What is the term used to describe methods of resolving disputes that are used to outside the court system?

Topic 5

1. Shareholders of a publicly listed company have the right to receive dividends and buy and share sells on the Australian Stock Exchange (ASX). True/False

2.Roy run a second hand hospital equipment sales business, called Recylced Roy. Though his warehouse is situated in Victoria he sells equipment online across Australia. Under the business names legislation, where does he have to register his business name?

3.What protection does the veil of incorporation provide to company owners?

4.A proprietary company can be listed on the Australian Stock Exchange. T/F

5.What is a sole trade liability for the debts of his/her business?

6. Emily is currently operating as a sole trader in the fashion industry. As she is becoming more successful, she has been advised to incorporate her business. Explain what incorporation means and what are the advantages and disadvantages of incorporation.

Answer: Incorporation is the legal process by which a by which a business becomes a company. This means it is a separate legal entity from its director,

shareholders, employees, members and creditors.

Advantages: Limited liability

Perpetual existence

Company can sue and be sued in its own name

Disadvantages: Strict reporting responsibilities to ASIC

Profits are shared

Many different individuals (CEO, Directors, Shareholders) have

an influence on the running of the business, so loss of control by

the owner.

Topic 6

1.What are the duties of an Agent to the principal?

2.Explain what a mercantile agent is.

3.Rose is an employee in the International Education Department at Henan

University. She is responsible for ordering stationary. She decides that the department’s software needs updating, so place an order for new software. Her boss, Mr. Shu, was unaware of Rose’s order at the time she made it and did not authorize Rose to act on his behalf. However, he subsequently agrees with her that the software needs updating and supports her action.

Has an agency relationship been created? If so, explain how.

Topic 7

1. Suzie is looking for a new dress to wear to her graduation ceremony. She has a budget of $150. She notices a beautiful cream silk dress with a price tag of $150. She can’t believe her luck and rushes to the sales counter. The sales assistant tells her there’s a mistake on the price tag and she needs to add another zero to the price, making it $1500!

Can Suzie insist on paying only $150 for the dress? Explain your answer.

2. Karen is 16 years of age and has always dreamed of being a hairdresser. She enters into a four year apprenticeship agreement with Exotic Beauty Salon in the heart of Melbourne. Under the terms of the agreement, she will be trained in all aspects of hair care and styling. There are some additional clauses in the contract which require her to stay back after the salon is closed to mop the floors and clean the shop and beauty equipment, as required by management, this work is unpaid, and it means that her working day is extended to up to 12 hours per day, 6 days per week, for a low 1st year apprenticeship salary of ＄100 per week. All beauty services that she would like to avail herself of are offered to her at a discounted rate and she is able to buy hair and beauty products at wholesale prices.

Answers:

Issue:

Whether there is an enforceable contrast between Karen and the Salon.

Capacity contract

Law:

Contracts with minors are invalid except:

Contracts with minors that are beneficial contracts of service will be valid and enforceable.

Any cases? (Check readings).

Apply to laws:

There is a contract of service between Karen and the Salon as this is an apprenticeship agreement. The question is whether it is beneficial.

The question is whether it is a beneficial agreement. Is it, on balance, of benefit to Karen?

Advantages?

Disadvantages?

Decide whether the disadvantages outweigh the advantages.

Conclusion:

Decide whether overall it is a beneficial contract of service or not. If so, Karen is free to leave and cannot be sued for breach. There is no valid contract.

Topic 8

1.Lily was dining at local restaurant with some friends. The restaurant had a leak in the roof near the toilets and in rainy weather would collect in a small puddle in front of the ladies’ toilet, which was located on top of a set of small stairs. The owner of the

restaurant, Jason, was aware of the problem but had not yet organized roof repairs. It was raining heavily outside the night Lily and her friends were eating in the restaurant.

As Lily was coming out of the ladies’ toilet, she stepped in the puddle and slipped, falling down the stairs near the toilet. She sprained her ankle, broke her arm and sustained bruising. She was unable to work for three months and her medical bills totaled $40,000.

After seeking advice from a lawyer, Lily decided to sue the restaurant.

●Is this a civil or criminal matter? Explain the reasons for your answer.

●On which party is the burden of proof?

●What is the standard of proof in this matter?

●What types of the legal action can Lily take against Jason the restaurant

owner?

●What legal outcome would Lily hope to achieve?

Answer:

This is a civil matter as it is a legal dispute between two citizens. Lily, the restaurant customer, would sue Jason, the owner of the restaurant in negligence.

The burden of proof, known in law as the onus of proof, lies with Lily, who is the plaintiff in this legal action. Lily must prove on the balance of probabilities that Jason was negligent in failing to repair the roof of the restaurant. Further, she must show that it was this failure that caused her injuring.

Lily would rely on the legal principles established in Donoghue v Stevenson. The requirements to be proved by the plaintiff are DOC, Breach and Damages.

Also mention Occupiers’ Liability, Australian Safety Stores Ltd V Zaluzna.

Legal Outcome

Briefly state whether you think Lily would be successful in her claim of negligence and why. You do not need to apply the Negligence format. You can if you want to but

you must include answers to the questions.

Discuss Damages

If successful in her claim, Lily can sue the restaurant for damages.

General damages e.g. pain, suffering and anxiety, loss of future earning capacity and loss of enjoyment of life. State which damages you think she would be able to claim and why.

Special damages e.g. medical expenses and loss of income. Discuss as above.