University of Nairobi Business Law and Ethics Quiz Questions

User Generated

nyrk282828

Business Finance

LST2BSL

University of Nairobi

LST

Description

PART A– short answer questions:

▫Make sure you have read the statement/question carefully. Support your answers with cases and statutory provisions where relevant

for PART B

Use the IRAC approach in your answer: ISSUE,RULE,ANALYSIS,CONCLUSION

–Identify the legal ISSUE (the question has probably helped)rule or principle, and the authority (the case name or section number and Act).

Apply the rule to the specific facts that are relevant to it. Make sure you spell out your reasons.

–Conclude – make sure your conclusion answers the question and is consistent with your reasoning.

Unformatted Attachment Preview

LST2BSL: Introduction to Business Law and Ethics BU; AW; BE; MI; SH; DN – Semester 1, 2020 Final At-Home Exam INSTRUCTIONS 1. This At-Home exam is worth 60% of your final mark for this subject. 2. Your At-Home exam MUST be submitted before or by 12:30 pm (midday) AEST on 12 June 2020. Students who have an Alternative Exam Arrangement will have extra time and you must submit your At-Home before or by the approved time. 3. All questions must be answered. 4. Please submit your At-Home exam in a Word document. Please make sure that your exams are NOT saved in .docm, .dot, .dotx or .dotm format. These file types are NOT compatible with Turnitin and we will not be able to open your exams if you save your exams in any of these file types. You are responsible for your exam submission. 5. With regards to formatting, your assignment must be typed with 1.5 or double spacing, and with margins of at least 2cm on all sides. Size 12 font must be used. 6. Your work must be appropriately referenced. Where you state a legal principle from a case and/or legislation, you must provide the case name and/or legislation name. If you are stating a legal principle that is covered in the textbook or lecture and which does not have a relevant case provided in the textbook, you should cite the textbook. You are not expected to use any materials beyond the lectures and the set textbook. But if you do, you must provide appropriate citations. No bibliography or reference list is required. 7. The indicative word count for your At-Home exam is 3000 words excluding footnotes. 8. Your At-Home exam submission is electronic only, via the link on LMS. Do NOT email your At-Home exam to your seminar leader or the subject coordinator. Your At-Home exam will not be marked unless and until you have completed electronic submission. You should receive a digital receipt confirming your submission. You are responsible for ensuring that the submission is successful. Should any technical problems arise, and you are unable to provide a digital receipt, please email the subject coordinator at A.Chong@latrobe.edu.au as soon as possible. 9. You can only submit your exam once. Submission is final. You will not be able to access your Turnitin originality report. Teaching staff will be checking these reports. 10. You MUST NOT plagiarise. To avoid plagiarism, make sure you acknowledge all your sources with appropriate citations. All written work must be your own: do not show anyone your written work for this exam, and do not view anyone else’s. Academic misconduct is taken extremely seriously at La Trobe University. Further information about plagiarism and academic misconduct is provided in the Subject Learning Guide. 11. You may use a bilingual dictionary, but you MUST NOT use any online tools for changing or translating text. 12. Please note that according to the University’s policies a late submission for At-Home exam is NOT permitted. This means that if your assessment is submitted late without a special consideration having been lodged, will NOT be marked and you will lose ALL marks, see s 3(9) Assessment (Late Submission of Tasks) Policy. 13. The policy on late submission is available at: https://policies.latrobe.edu.au/document/view.php?id=148 Extensions will NOT be granted for loss of work, disk corruption, or internet connection problems. The Special Consideration procedure is explained at http://www.latrobe.edu.au/special-consideration. Make sure that you are eligible and are submitting all documents through this online portal in time. Do not email your seminar leader or subject coordinator, you MUST request a special consideration ONLINE. PART A (20 marks) All questions in Part A must be answered. Each question in this part is worth 5 marks. Your answers should make reference to cases and/or statutory provisions where relevant. The indicative word count for Part A is 1000 words excluding footnotes. ANSWER ALL QUESTIONS. 1. Explain the doctrine of separation of powers. What happens if only one arm of the government exercises legislative, executive and judicial roles? 2. When Charles initially inspected a property in Bundoora Square, he was impressed by the in-built air-conditioning throughout the factory; the large refrigerated room at the rear of the factory; the polished timber floor boards in the offices; the pot plants outside near the entrance of the factory; the portable outdoor seating ;and BBQ set on the lawn in the back garden of the factory. When he again inspects the property on the morning of the day of settlement, he is alarmed to discover that all of these items have been removed by the seller. Can Charles insist that any of these items be included in the sale? 3. Explain how can an employer be liable for the wrongs committed by their employees? 4. It is said that rescission is an equitable and discretionary remedy. Explain what this means to you and discuss circumstances under which rescission may be lost? 2 PART B (40 marks) There are several problem questions in Part B. The mark for each question is indicated below. Your answers should be clearly expressed, and should refer to relevant legal authorities (cases and/or legislation) as indicated in each question. The indicative word count for Part B is 2000 words excluding footnotes. ANSWER ALL QUESTIONS. Benjamin is the proprietor of a small licensed grocery store selling wine and beer as well as some foodstuffs. He approaches Gregory, a secondhand car dealer who manages the Super Star SecondHand Cars Pty Ltd. Benjamin tells Gregory that he needs a vehicle in his business for delivering wine, beer and groceries but would prefer a station wagon to a van. Benjamin also explains to Gregory that some of his loads are quite heavy and that he will need a vehicle that is capable of taking the weight of a full load of wine and beer. Gregory replies, ‘I guarantee that the vehicle I will supply meets your needs right down to the ground!’. Gregory shows Benjamin a vehicle, which seems to meet Benjamin’s requirements. The special price of the station wagon for Benjamin is $39,999. Benjamin test drives the vehicle but asks Gregory for a few days to think it over. In further negotiations, without the checking the history of the station wagon, Gregory tells Benjamin that he knows the reliability and history of the vehicle and that it has only had one previous owner. Gregory also thinks that the station wagon had never been in an accident nor had any major breakdown repairs even though he is unsure, but he doesn’t want to waste time checking the accuracy of his statement. Benjamin decides to purchase the vehicle. He sends Gregory a bank cheque and receives a receipt from Gregory bearing the words ‘As seen and inspected. Super Star Second-Hand Cars Pty Ltd is not liable for any defects in the vehicle.’ Two weeks later, Benjamin doesn’t feel confident about driving the station wagon because he feels that there is something not right at the back of the station wagon, but he doesn’t have time to get it checked. Benjamin continues to drive the station wagon and while he is delivering a full load of wine and beer on a busy street, the rear axle breaks. Benjamin loses control of the station wagon when he tries to avoid a pedestrian, Jacob who is on his way home after finishing work. Jacob is jaywalking while busy texting on his mobile phone. As a result, the station wagon hits a post injuring Benjamin quite seriously and the station wagon is a complete write-off. The accident report also signals that the vehicle had been improperly repaired after an accident only six months previously. 3 Use only legislation (and any relevant case law) to answer questions 1 to 4. Do not use common law principles. 1. Would the contract of sale between Super Star Second-Hand Cars Pty Ltd and Benjamin be considered a ‘consumer’ contract under the Australian Consumer Law? (3 marks) 2. Has Super Star Second-Hand Cars Pty Ltd breached any relevant statutory guarantee under the Australian Consumer Law? (10 marks) 3. Can Gregory rely on the exclusion clause on the receipt ‘As seen and inspected. Super Star Second-Hand Cars Pty Ltd is not liable for any defects in the vehicle’ to exclude his liability for breach of statutory guarantees under the Australian Consumer Law? (2 marks) 4. Has Gregory misled and deceived Benjamin by breaching section 18 of the Australian Consumer Law? (8 marks) Use only common law principles to answer questions 5 and 6. Do not use legislation 5. Can Benjamin successfully sue Jacob in negligence, to claim damages for his serious injuries? (12 marks) 6. Has Gregory misrepresented Benjamin? If Gregory made misrepresentation, what type of misrepresentation was it? (5 marks) 4
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Explanation & Answer

Attached.

Running head: BUSINESS LAW

1

Business Law
Student’s Name
Institutional Affiliation

BUSINESS LAW

2
Business Law

Explain the doctrine of separation of powers. What happens if only one arm of the
government exercises legislative, executive, and judicial roles?
Separation of power is a doctrine of constitutional law which ensures that the
government's power is distributed among the three arms of the government to avoid overconcentration of power (Neo, 2018). Therefore, through the separation of power, each arm is
assigned tasks and responsibilities that are most suited. In case single-arm exercises all the roles,
there will be a concentration of power, which will lead to abuse of power, tyranny, and
despotism. The lack of balance will lender the other arms inactive and eventually lead to
dictatorship whereby a rule is provided without any justification, and there is no mechanism in
place to challenge the law.
When Charles initially inspected a property in Bundoora Square, he was impressed by the
in-built air-conditioning throughout the factory; the large refrigerated room at the rear of
the factory; the polished timber floorboards in the offices; the pot plants outside near the
entrance of the factory; the portable outdoor seating; and BBQ set on the lawn in the back
garden of the factory. When he again inspects the property on the morning of the day of
settlement, he is alarmed that the seller has removed all of these items. Can Charles insist
that any of these items be included in the sale?
Charles should insist on the products to be included in the sale. This is because, during
his previous inspection, the extra feature influenced his purchas...


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