Advise sophie on whether she has a valid claim against

Assignment Help Business Law and Ethics

Reference no: EM133871772 , Length: word count:2500

Part 1: Contract Law Scenario
Sophie visited the city store of Walker & Lane to purchase a pair of walking shoes. With the assistance and advice of the senior shoe fitter, she selected a pair that appeared suitable. After wearing the shoes to work for four days, the sole of one shoe came apart, causing Sophie to fall on the footpath. As a result, she broke her collarbone and tore the medial collateral ligament in her knee. Sophie required medical treatment and ongoing physiotherapy for her injuries. Sophie is now seeking compensation from the retailer. She claims she relied on the professional advice of the shoe fitter when choosing the shoes. The retailer denies liability, stating that Sophie made her own choice and is responsible for any injuries sustained.
Advise Sophie on whether she has a valid claim against the retailer under Contract Law.
In your response:
Analyse the key elements required to establish a contract.
Apply the relevant principles to the facts of the case.
Do not consider Australian Consumer Law.
Use the IRAC (Issue, Rule, Application, Conclusion) method as taught in this unit.
Maximum: 750 words

Part 2: Negligence Law Scenario
Daniel visited his local outdoor adventure store to purchase two sets of high-quality thermal underwear for an upcoming trip to New Zealand. He planned to walk for five days in rugged, mountainous terrain where snowfall was expected. A shop assistant recommended a new range of thermals made from pure merino wool, stating that they were suitable for such cold climates. Based on this advice, Daniel purchased two sets, despite them being more expensive than his usual brand. He left for Queenstown that evening and wore the thermals without washing them. On the walking tour, after the first day, Daniel began to feel flushed and unwell. By the end of the second day, he developed a painful rash and symptoms of anaphylaxis. The tour leader organised an emergency evacuation, but due to nightfall, a helicopter rescue was delayed until morning. Daniel's condition worsened overnight, but he was evacuated and treated in hospital the next day. He later returned to Australia for further recovery.

Medical tests revealed that his reaction was caused by a chemical used in the manufacturing process of the thermals to protect the wool from insects. Although the chemical had known side effects and a warning label was included on the original packaging, Daniel's thermals were sold unpackaged on store shelves, and the shop assistant did not mention any potential risks at the time of sale.

Advise Daniel on whether he may have a valid claim for damages against the shop and/or the manufacturer under the law of negligence.
In your answer:
Apply the legal principles of negligence as discussed in this unit.
Use the IRAC (Issue, Rule, Application, Conclusion) model.
Do not consider any principles of contract law.
Maximum: 750 words

Part 3: Corporations Law Scenario
Innovatech Ltd is an Australian public company that manufactures computers at its plant in Newcastle, New South Wales.
To support its ongoing investment and research activities, Innovatech established a foreign currency hedge fund. However, the fund failed to meet its objectives and did not generate the expected returns to support the company's development program.
The Board of Directors acknowledged they lacked the expertise to manage the fund effectively and agreed to appoint a professional fund manager. On the recommendation of Taylor, an Executive Board member, the Board hired Morgan, who claimed to be a professional fund manager. Morgan was also Taylor's son-in-law, a fact that was disclosed but not questioned by the Board. Morgan was given full control of the hedge fund's management. Initially, Morgan appeared to be managing the fund successfully. However, a subsequent audit conducted by JNT Auditors raised concerns. The audit team, led by Harper, reported that there were no proper internal control procedures in place to monitor the fund. Harper informed the Board that he was unable to provide an opinion on the fund's operations. Despite this warning, the Board failed to take any action. Over the next 12 months, it was discovered that Morgan had been using unauthorised borrowings in the company's name to conceal losses he had incurred. Get online assignment help in the USA!
Innovatech Ltd has now filed a lawsuit against JNT Auditors, alleging professional negligence for failing to uncover Morgan's misconduct. In response, JNT Auditors has argued that the company's Board was itself negligent and breached its directors' duties under the law.
Critically analyse whether the directors of Innovatech Ltd breached their duties under the Corporations Act 2001 (Cth) and relevant common law. Also, discuss the strength of JNT Auditors' defence in claiming contributory negligence.
In your answer:
Refer to relevant provisions of the Corporations Act 2001 (Cth) and common law.
Use the IRAC (Issue, Rule, Application, Conclusion) model to structure your response.
Maximum: 1000 words

Reference no: EM133871772

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