Have johnny and ash formed a partnership

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Assessment Questions

Read the case study Chevron: Don't be a Fossil Fool and answer the following questions:

Question 1: What areas of law are pertinent to this case study? Describe what the identified areas of law cover, and explain how they are relevant to the issues raised in the case study. (500.600 words) (9 marks) (Question requires a review of the content from Module 9 - The nature of law and sources of law)

Question 2: Who are the different stakeholders of Chevron that are identified by the case study? How does stakeholder capitalism vary from shareholder capitalism in its impact on how decisions are made by executives within an organisation? (500-600 words) (9 marks) (Question requires a review of the content from Module 10 - Regulation, Governance and Social Responsibility)

Question 3: Sustainability measures and targets implemented by Chevron have been consistently criticised by environmental activists as a form of greenwashing. Was Chevron's response to the growing backlash sufficient? If not, what additional measures could Chevron have taken to better handle the criticisms? (500-600 words) (9 marks) (Question requires a review of the content from Module 10 - Regulation, Governance and Social Responsibility) Get online assignment help in the USA!

Question 4: What is the business structure utilised by Chevron and what are its main features? How does the principle of separate legal existence apply to prevent the directors, employees and shareholders of Chevron from being personally liable to the organisation's stakeholders for the type of conduct engaged in? (500600 words) (9 marks) (Question requires a review of the content from Module 11- Business Structures)

MODULE 9 - THE NATURE AND SOURCES OF LAW

Question 1

1. Read the following articles and answer questions a) and b) below

Clive Palmer loses court case against Twisted Sister for ripping off song -

How fake roadworks crew stole $2.3m from security van in middle of the day -

Former Australian Unity financial adviser banned for five years -

a) What areas of law covered in the lecture are pertinent to these articles?

b) With reference to the details of the articles, detail how one or more of the identified areas of law serve the following functions:

Ensures reasonable predictability in daily life;
Encourages and discourages certain conduct;
Grants rights and powers to individuals and groups of people;
Imposes obligations on individuals / organisations to meet their legal responsibility;
Allows for the enforcement of recognised rights and duties; and
Provides remedies when an injustice has been done.

Question 2

In January 2020, the Australian Federal Parliament appointed a special committee to look into the problem of cyberbullying: the use of mobile phones by primary school children to send abusive text messages to their school mates. After months of serious investigation, the committee presented its report to parliament. The following is an extract from the report:

We have heard a great deal of evidence and we are satisfied that there is a need for strong legislation to protect Australian school children from cyberbullying by their classmates. The proposed new Act will prohibit the use of mobile phones in the schoolyard and will target careless and irresponsible parents. None of the provisions of the proposed new Act will apply to children outside of school using mobile phones responsibly.

In March 2020, the Federal Parliament passed the Mobile Phone Bullying (Protection of Children) Act 2020 (Cth). An extract from this Act is included below (Note - This is a fictional Act):

2. Sale or provision of mobile phones with consent
Any shopkeeper, retailer, or wholesaler who sells or provides a phone to a child under the age of thirteen years without first obtaining the written consent of the child's parent or guardian shall be guilty of an offence.

3. Irresponsible supervision of children
If the teacher, parent or guardian of a child knowingly or carelessly permits the child to:
Use his phone while at school, or
Use a phone to transmit a threatening, abusive or bullying text message to another child, he shall be guilty of an offence.

4. Penalties
Persons found guilty of an offence under Section 2 and Section 3 of this Act shall be liable to a fine of not more than one hundred dollars or a fine of not more than one thousand dollars.

Work through the following four scenarios to determine whether a breach of the Act can be established. Be sure to provide a rationale for your reasoning and refer to the relevant provision of the Act in your answer.

George teaches a first-year business law course at Woodville University. On 15 June 2020 while George is giving a lecture, he is aware of three young students in the back row who are giggling and playing with a mobile phone. George ignores them. One of the students, Kosmo, is 17 years old. During the lecture, Kosmo sends an abusive message to his 15 year old brother, Newman.

Selma is a teacher at Woodville Primary School. At 5pm on April 2020 Selma is leaving the school and she sees 10 year old Lisa standing just inside the school gate looking very worried. When Selma asks Lisa what is wrong, Lisa explains that her mother was supposed to pick her up at 4.30pm but has not done so. Selma gives Lisa her mobile phone and allows her to call her mother.

On 25 May 2020, Elaine's 12 year old son Morton is sitting in the back seat of Elaine's car while she drives home after picking him up from school. Morton receives a text message on his mobile phone from one of his classmates that insults his new haircut. Morton forwards the text to his best friend Derek, who is also 12 years old.

Jerry owns a small convenience store. On 3 May 2020, Jerry is looking after his 10 year old niece Sarah, while her parents are out of town. Jerry takes Sarah to the local shopping mall and he gives one of his mobile phones to Sarah in case they are separated. Sarah has the phone in her possession for three hours and then returns it to Jerry without using it. Jerry does not have Sarah's parents' written permission.

Question 3

Joshua has been asked to find a precedent (binding) case which can be used in the District Court of Western Australia. He stumbles upon two relevant case judgments. One of the case judgments is contained in the Commonwealth Law Reports, and the other case judgment was handed down by the Supreme Court of Queensland. Both case judgments have similar facts to the case before the District Court. Which case is the binding precedent that Joshua should choose and why?

MODULE 10 - REGULATION, GOOD GOVERNANCE AND SOCIAL RESPONSIBILITY TUTORIAL

Read the ‘Leighton Holdings: Building Bribery' case study and answer the following questions:

Question 1

What is the mandate of ASIC? Why were they criticised for their handling of this case? In light of this, do you believe that the enforceability of corporate
governance is limited by the regulatory environment?

Question 2

What business risks were ignored or created by the Leighton executives, and what compliance and risk management processes could have been put in place to alleviate the risks that their conduct/inaction presented?

Question 3

What good governance principles covered in the lecture did the Leighton executives fail to put into practice?

Question 4

How might Leighton's executive officers have acted differently if they were functioning from a more conscious or ethical business paradigm?

MODULE 11 - THE NATURE AND SOURCES OF LAW:

Question 1

After completing your university degree, you want to set up a business around the new algorithm which you have developed that allows firms to use artificial intelligence to select the best candidates for work roles in a way that is completely free of implicit biases and discrimination. With both the immediate and long term interests of the business in mind, what things should you consider in choosing the right legal structure for this business?

Question 2

Johnny and Ash are involved in a business to manufacture organic cola. Each has already invested $50,000 into the business by depositing the money into Johnny's business account. Johnny is negotiating the purchase of a small factory in his own name, and is purchasing the equipment and materials they will need to start production next year. Ash has also started spending 2 or 3 hours every evening writing a business and marketing plan. Have Johnny and Ash formed a partnership? If so, what are the legal consequences?

Question 3

Your sister Cecilia has for nine years run a modestly successful solo venture as a literary agent. Since the time that she started the business, she has gotten married and had young twins who are dependent on their father, who is the primary care giver of the children. Over the past six months, due to a downturn in the publishing industry, her income has become inconsistent and this has put some financial pressure on the family. She has heard that by setting up her business as a trust, she can minimise the tax that she pays to the Australian Taxation Office. Explain to Cecilia the process and the consequences of setting up her business in this way.

Question 4

Review the case of Hurd v Zomojo Pty Ltd [2015] FCAFC 147. What were the breaches of director's duties engaged in by Hurd? How should he have acted differently in the context of the case to avoid liability for these breaches?

Reference no: EM133871742

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