South Australian Business Law
1. The assignment should comply with the footnote referencing style. That means using footnotes rather than endnotes .
2. Few books are necessary. Instead refer to cases as these help explain what the relevant sections in the Partnership Act 1891 (SA) mean.
3. See Word Limit as stated 1350. That simply means you cannot exceed 1350 words. Note that references in footnotes are not counted as part of the word limit.
4. The best approach is to answer the questions. Make sure you understand the question before looking for the law relevant to the question. State the law only insofar as it is relevant to answering the question eg if the question is whether a partnership exists go first to the definition of a partnership which is located in Partnership Act 1891 (SA) s 1(1) Break up that definition into three segments and use cases to help you interpret/understand each segment before applying that definition to the facts in order to determine whether there was a partnership: Were the persons (i) carrying on a business? (ii) Was that business carried on in common? (iii) was it carried on with a view to profit? (Might also need to consider Section 2 which provides rules that help to differentiate a partnership from other relationships e.g creditor/ debtor, joint owners, employer-employee).
Read the following facts. Using only principles, concepts and law discussed in (including the Partnership Act 1891 (South Australian) and relevant cases) answer each question: http://www.austlii.edu.au/
Robert Batty and Rosie Chan established a small accounting practice soon after graduating in Commerce from Flinders University in 2014. Calling themselves Batty, Chan & Co, they entered a written agreement on terms that described their practice as a firm of accountants and tax agents and such other business as the parties agreed from time to time . Under the agreement all major decisions relating to the practice were to be made jointly, adding in parenthesis that neither can order goods in excess of $7000 in value without the others consent . As they had little money to bring into the business, Robert s father, Dr Lawrence Batty, lent them $20,000 as startup capital to purchase a lease on office premises in a prime retail location in the Adelaide CBD. A separate loan agreement provided that the advance of $20,000 was to be by way of a loan, that it was to be repaid over a ten year period, out of the profits of the business, at an annual rate of 2% and that Dr Batty be given full access to the firm s books of account on demand .
After a year of solid growth Rosie suggested diversifying their practice to include advising small business about taxation matters. Refurbishing their office premises to attract a more up market clientele was another of her ideas that Robert supported. He therefore encouraged her to attend a trade fair at the Adelaide show grounds. There Rosie met several salespersons who were eager to do business with Batty, Chan & Co. One of them, a representative of Wood Crafts Pty Ltd (Wood Crafts) was particularly pushy and offered to pay Rosie a $950 ‘commission’ if she placed an order with his company to the value of at least $9500. She agreed. Recently Rosie had seen a Toshiba notebook for sale for $950 and decided that there would be no harm in accepting the money as she could use it to buy herself the notebook. Rosie ordered from Wood
Crafts two wood crafted mahogany desks and chairs to match, especially imported from Italy, to the value of $9500, and arranged to have them delivered to their office premises in the CBD. The representative of Wood Crafts then handed Rosie a cheque, made out to her personally, to the value of $950.
Robert knew nothing about the order until the furniture arrived at their premises a few weeks later. He was furious when he saw the bill and angrier still when he found out about the $950 commission . Wood Crafts had sent the bill C/- Batty, Chan & Co, accompanied by a note at the bottom of the account which read: ) hope you are enjoying your new computer . That day Robert gave Rosie notice of dissolution of their business. He pulled down their name plate, Batty, Chan & Co, from above the entrance to the office premises, and wrote her a letter to that effect: As from today ) am operating as a sole practitioner, but will continue to use the office premises (as the lease belongs to my father). You may stay and continue to use the premises until an account is taken of the firm s assets and liabilities in due course .
When Rosie read Robert s letter she as so upset that she ade istakes i deali g ith o e of her regular lie ts. Lu y E a s had sought her ad i e i setti g up a ed a d reakfast o Ka garoo Isla d a d ‘osie failed
to check the latest changes in taxation law for small business. Consequently Lucy paid $5,000 more in tax than she eeded to. A ore serious gaffe related to Lu y s i est e t i shares. Lu y had asked ‘osie to pur hase $ , orth of shares at $5 per share i a e ly for ed o pa y. Distra ted y ‘o ert s letter, Rosie forgot that she had to register Lu y s i terest i pur hasi g the shares y lose of usi ess, the last day for doi g so. As a result Lucy sustained a further loss of $10,000 as the shares doubled in value (to $10 per share) when they were listed on the Australian Stock Exchange. Lucy is now threatening to sue Batty, Chan & Co for negligence, claiming compensation of $15, 000.
1. What kind of business is Batty, Chan & Co? (Is it a partnership? And if so who are the partners?)
2.(a) Advise Wood Crafts Pty Ltd regarding their right to recover $9500 for the furniture from Batty, Chan & Co (Is there a binding contract? If so who is liable?) b Advise Robert in relation to the $950 commission used by Rosie to buy herself a notebook.
3. Advise Lucy in respect of her action against Batty, Chan & Co for the losses she sustained in relation to the two transactions involving Rosie.
4. Regarding the dissolution of Batty, Chan & Co: Who owns the lease to the office premises (which has doubled in value since it was purchased in 2014)?
Our Service Charter
Excellent Quality / 100% Plagiarism-FreeWe employ a number of measures to ensure top quality essays. The papers go through a system of quality control prior to delivery. We run plagiarism checks on each paper to ensure that they will be 100% plagiarism-free. So, only clean copies hit customers’ emails. We also never resell the papers completed by our writers. So, once it is checked using a plagiarism checker, the paper will be unique. Speaking of the academic writing standards, we will stick to the assignment brief given by the customer and assign the perfect writer. By saying “the perfect writer” we mean the one having an academic degree in the customer’s study field and positive feedback from other customers.
Free RevisionsWe keep the quality bar of all papers high. But in case you need some extra brilliance to the paper, here’s what to do. First of all, you can choose a top writer. It means that we will assign an expert with a degree in your subject. And secondly, you can rely on our editing services. Our editors will revise your papers, checking whether or not they comply with high standards of academic writing. In addition, editing entails adjusting content if it’s off the topic, adding more sources, refining the language style, and making sure the referencing style is followed.
Confidentiality / 100% No DisclosureWe make sure that clients’ personal data remains confidential and is not exploited for any purposes beyond those related to our services. We only ask you to provide us with the information that is required to produce the paper according to your writing needs. Please note that the payment info is protected as well. Feel free to refer to the support team for more information about our payment methods. The fact that you used our service is kept secret due to the advanced security standards. So, you can be sure that no one will find out that you got a paper from our writing service.
Money Back GuaranteeIf the writer doesn’t address all the questions on your assignment brief or the delivered paper appears to be off the topic, you can ask for a refund. Or, if it is applicable, you can opt in for free revision within 14-30 days, depending on your paper’s length. The revision or refund request should be sent within 14 days after delivery. The customer gets 100% money-back in case they haven't downloaded the paper. All approved refunds will be returned to the customer’s credit card or Bonus Balance in a form of store credit. Take a note that we will send an extra compensation if the customers goes with a store credit.
24/7 Customer SupportWe have a support team working 24/7 ready to give your issue concerning the order their immediate attention. If you have any questions about the ordering process, communication with the writer, payment options, feel free to join live chat. Be sure to get a fast response. They can also give you the exact price quote, taking into account the timing, desired academic level of the paper, and the number of pages.