Essay ABS202: Corporate Structuring and Business Law – The Croissconenut – Report Writing Assignment Help

Assignment Task:

LEARNING OUTCOMES 

On successful completion of this assessment, students will be able to: 

• Demonstrate a fundamental understanding of key laws applicable to setting up a business; 

• Identify the various organizational structure options required to complete the process of setting up and incorporating a new venture; 

• Demonstrate an understanding of the sources of regulation that govern the operation of businesses; 

• Apply legal principles to everyday business situations; 

• Demonstrate an understanding of acceptable business behaviours. 

GRADUATE ATTRIBUTES 

• Graduates will have broad and coherent knowledge of business fundamentals and how they have evolved within the modern digital landscape 

• Graduates will develop the skills required to self-start and self-manage work-related projects, including within digital environments. Students will gain strong self-directed learning skills through the online delivery, positioning them for lifelong learning 

• Graduates will identify, analyse and solve management challenges within both new and established organisations, fusing both traditional and modern approaches towards achieving best possible outcomes 

• Graduates will develop the skills to create and design approaches to business within emerging markets, and communicate them in an appropriate manner to a range of audiences 

• Graduates will develop a broad and coherent knowledge of the ‘triple bottom line’ of business, considering the impacts business decisions have on not only financial outcomes, but also social and environmental outcomes 

• Graduates will develop skills specific to the program specialism required to be able to apply learnings in a real-world context.  

BRIEF 

Formulate an analytical assessment of legal issues for an early stage business. 

ASSIGNMENT INFORMATION 

In this assignment, you are required to, again, put yourselves in the shoes of a legal advisor to a small business owner, Joseph, who has just opened a small bakery/restaurant named “The Croissconenut.” Joseph faces additional issues at the early stages of his small business, and he looks to you to provide him with additional advice. First, Joseph just purchased two industrial ovens for his restaurant. He entered into a contract for sale and delivery online. He paid for them via PayPal and received them on time. Everything seemed to be working at the outset, but after an initial test, he found that the hinges on the doors of the oven weren’t properly installed, and therefore the doors didn’t close properly. He wants to return them outright for a full refund, but the seller wishes to simply send out a repairman to correct the defect. Joseph is seeking your advice to see if some sort of warranty applies, and what the terms of that warranty are. He also wants to know which remedy (his, or the sellers) is more likely under the circumstances. 

Second, before purchasing these ovens he sold his 2 current ovens to two different buyers. Both paid for the ovens by cheque, but the first cheque had two lines across it and the words “not negotiable.” Joseph is worried that this cheque is not valid. The second cheque was originally written to a party other than Joseph and was not endorsed. However, the word “bearer cheque” appears on the front of the cheque. Joseph is unfamiliar with these instruments and is worried that he has been provided with fraudulent cheques. He asks you for advice on the interpretation of these two instruments and for your opinion as to their validity. 

Third, Joseph has hired a cleaning crew to clean his work premises on a nightly basis. He pays them on a weekly basis and tells them exactly how to clean the premises. The crew uses their own tools to conduct their cleaning services. He sometimes even watches them clean the premises and oversees every aspect of it. The cleaning crew operates as sole traders, but due to the frequency of their work with Joseph, they have him as their sole client at the moment. Joseph believes that they are merely contracted labour, but had heard that certain freelancers have sued clients for rights as full employees. Joseph would like you to advise him on what type of employment he has truly undertaken with his cleaners, and what consequences may come from this determination of employment. 

Fourth, Joseph operates his business out of a location that is owned by his uncle, and he rents it without any formal lease agreement. He has rented it for over a year and has paid rent on a monthly basis in a timely manner for the duration of his tenancy. His business has grown considerably since it’s opening, and Joseph anticipates that he may have to move to a new location in order to handle the business he is now receiving. He also would like to obtain a larger place that can accommodate in-house baking of his product. He recalls that his uncle said casually after the lease had commenced that he would like Joseph to provide six months notice if he ever wanted to vacate the lease, but Joseph feels that he does not need to provide any notice at all because he has no lease. Joseph would like you to provide him with advice as to what type of lease he holds with his uncle, and what the proper notice of termination would be. 

Fifth, and finally, Joseph is concerned about the record-keeping system that he is utilising for his employees. He has several employees at his business, and his profits have skyrocketed to over $4 million per year. He keeps his employee’s records on a personal computer at his home office. To save money, he uses the public, unsecured Wi-Fi of a neighbouring restaurant when working on his home computer, and he does not believe in protecting his personal or work files with passwords of any kind. Joseph happens to talk with another business owner who was under investigation by the Privacy Commissioner for violation of the Privacy Act, and now Joseph is wondering if that Act applies to him, and if he is compliance with it. He asks you to advise him on the Privacy Act, and advise him on whether or not he may be in violation of the Act. With the above information, please provide a written report addressing the five major questions to the best of your ability. Please feel free to utilise the information provided in the chapters, as well as outside sources, which may include books, periodicals, journal articles and information sourced from other legal websites (both those sited on in the chapters and otherwise). 

PROCESS 

Your final submission should be a report that addresses each of the following: 

• For each question identify the appropriate law(s) and/or rule(s) that apply to the situation; 

• Identify and explain the appropriate elements or frameworks accompanying such laws and rules; 

• Apply those rules to the facts of the case as presented; 

• Draw a conclusion based upon your analysis that answers the question posted. 

CONSIDERATIONS 

• Begin each section by identifying any applicable law or legal concepts that may apply (for instance, you may choose to outline the elements of a contract or tort). Then assess the factual scenarios with respect to those definitions and constructs and attempt to draw conclusions when possible. 

• Also, bear in mind that there are limited facts within the above scenario. As such, you may want to note when further information might be helpful to you in providing such an answer.