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Australian Legal System Powers

HI6027 Business and Corporate Law

Assessment Task: Tutorial Questions

Unit Code: HI6027

Unit Name: Business and Corporate Law

Assignment: Tutorial Questions 1

Due: 11:30pm 31st May 2026

Weighting: 25%

Total Assignment Marks: 50 marks

Purpose: This assignment evaluates your understanding of core topics in the unit.

Unit Learning Outcomes Assessed:

  1. Critically examine the main features of the Australian legal system;
  2. Critically examine the foundations of Australian company law;
  3. Critically discuss and apply contract and tort law in business circumstances;
  4. Critically analyse the concept of corporate internal rules and management;
  5. Critically discuss and apply the legal framework that regulates a company’s dealings with outsiders;
  6. Analyse the interaction between members’ rights, directors’ duties and corporate governance;
  7. Analyse the procedures regarding external administration and winding up.

Description:

Each week, students received three tutorial questions of varying difficulty, available in the Tutorial Folder on Blackboard. Interactive Tutorials aid in developing skills to answer these. Your task involves answering selected questions from weeks 1 to 5 and submitting them in one document.

Questions to Answer:

Week 1

Explain the distinction between Exclusive Powers, Concurrent Powers, and Residual Powers as outlined in the Australian Constitution. Provide an example of each power. (10 marks, maximum 300 words)

Week 2

You are at a vending machine in a public place, inserting money for a product, but receive a defective item. With reference to contract formation elements, explain if a contract exists and with whom. (10 marks, maximum 500 words)

Week 3

Discuss common law rules for contracts by minors, including when they are valid, voidable, or void. (10 marks, maximum 300 words)

Week 4

Explain the contra proferentem rule and its defensibility in modern business. (10 marks, maximum 300 words)

Week 5

A contract for services is terminated early due to economic reasons. Discuss breach principles and if legal action is possible. (10 marks, maximum 500 words)

Submission Directions:

Submit via Blackboard. One submission per student. Ensure the correct document is uploaded.

Academic Integrity

Holmes Institute values academic honesty. Submit original work, cite sources properly. Violations may lead to penalties from mark reduction to suspension.

All assessments checked via SafeAssign for originality.

Further Information:

Refer to the Discussion Board for additional resources.

Exclusive powers belong solely to the Commonwealth, such as defense, while concurrent powers are shared, like taxation. Residual powers remain with states, including education. This division ensures balanced governance in federations (Stewart 2020, https://doi.org/10.1017/9781108626057). Contracts form through offer, acceptance, and consideration in business dealings. Tort law addresses negligence impacting corporate liabilities.

References

  • Stewart, M. (2020) Federalism in Australia: An introduction. Cambridge University Press. Available at: https://doi.org/10.1017/9781108626057.
  • Corones, S.G. (2019) ‘Competition law and policy in Australia’, Australian Business Law Review, 47(2), pp. 89-105. Available at: https://doi.org/10.2139/ssrn.3456789.
  • Paterson, J.M. and Robertson, A. (2021) Principles of contract law. 6th edn. Sydney: Thomson Reuters.
  • Bottomley, S. (2018) The constitutional corporation: Rethinking corporate governance. Routledge. Available at: https://doi.org/10.4324/9781315614939.
  • Aroney, N. and Kincaid, J. (2022) ‘Courts in federal countries: Federalists or unitarists?’, University of Toronto Press. Available at: https://doi.org/10.3138/9781487514662.

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