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LAWS10 210 Enterprise Law

tag 1 Download 8 Pages / 1,885 Words tag 30-06-2021
  • Course Code: LAWS10210
  • University: Bond University
    icon is not sponsored or endorsed by this college or university

  • Country: Australia


1 Billy and Sasha decide to go into business together following the completion of their studies at university. After extensive market research they write up a business plan for an online florist to be named Fusion Flowers. 

Sasha has recently inherited $50,000.00 which she as startup capital. Billy doesn't have any savings but contributes his van, Mob and other equipment. They agree to lease a small warehouse space from which to operate the business. 
The pair agree that Sasha will pick up the flowers each day from the Flemington Markets while Billy will manage all customer enquiries and both will undertake deliveries. Profits will be split 50:50. 

After the first two weeks of operations, they are struggling to keep up with the orders and decide to hire Jacob to take care of deliveries. 

Over the nerd month the following events unfold: 
- Without asking Billy, Sasha orders some very rare (and expensive) orchids from 0. Orchids believing that she would be able to sell them, however, Billy says he never would have agreed to this'd he had been asked. Och Orchids has demanded payment of the outstanding Invoice of $1,500 from Pity. 

While delivering some flowers the delivery driver gets caught in heavy traffic. Under pressure from Billy to get the flowers clevered on time to very Important ...met.. Jacob is speeding and crashes into a her stopped at a roundabout Nobody is injured and the flower van is protected by a bar at the front, howerer, there is $5,000 of damage caused to the other driver's car. 

Without consulting Sash. Billy started a separate business flowers specifically for wedding. So far Fusion Powers haven't been supplying flowers to events as it would increase their insurance costs, however, Billy and Sashe have previously discussed the lucrative nature of supplying the wedding Industry. 

Discuss Billy's potential Suppor t your response with relevant case authorities. 

2. Blanca has recently Purchased a Sou. in MallacooTh. Originally her plan wasto move down there from Sydney at the end of 2017, however she has decided to wait a while as her father recently fell down some Waits and is now in need of full-time care. 
Bianca can't afford to leave the house empty as she is not curreThy working so she advertises it as a holiday renal in the local newspaper and online. Wassim sees the newspaper Hang, not reallang It is his cousin Blanca's house, and calls the number listed to make. enquiry. There is no answer so he sends the following text message: 

Hi. l would like to rent your house in 1Wallacoote for one MO. from 1 January 2018 for$2000.00. Please confirm how I should deposk the money and where I can pick up the key. 

On 10 D.ember 2017, Blanca replles that the house is already booked out between 1-7 January 2018 is available for a month from 8 January 2018 end confirms would co. $2000.00. 

The following day Wassim phones Bianca to obtain her bank account details and realises he has been speaking to his cousin. Upon realising This Bianca says she will 'do him a d.1' but acknowledges that 'I can't let you have It too cheap as I still have a big mortgage to pay on end I'm not currently wading' Bianca says '1 will rent you the house fora month from 8 January for $1200.00, being $300/week, inclusive on power, Internet and cleaning.' Wass., says 'that sounds perfect' and agrees to transfer full payment by 20 10.ember 2017. 
3. Find a written contract that is available online. It must he an Austinlian contract and you should include a UPI_ link to the contract above your answer. 

Describe and classify four terms from the contract as either a conWtion, warranty or intermediate term, explaining why you believe each term would be classified this way. Your responses MUST be supported with relevant case authorities.

What impact does the classificWon of a term as a condition, warranty or intermediate term have on the remedies avM1.
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