BUSINESS LAW (LAW201) ASSIGNMENT-
Part A-
Section A:
1. Research the case of Donoghue v Stevenson [1932] and explain the following as required:
a. facts of the case;
b. meaning of ratio decidendi, and the ratio in the case;
c. meaning of obiter dicta, and an example of an obiter statement the judges made
d. whether Mrs. Donoghue would have been able to successfully sue Stevenson the manufacturer under contract.
e. whether this was a criminal or civil case, and give your reasons
2. Explain the differences between representations, conditions, warranties and innominate terms.
3. Mr Bing appointed Lok to purchase computers for the business from an overseas manufacturer. He gave Lok a limit of $80 000 in order to make the purchase of computers and necessary equipment. Lok went to the overseas manufacturer and bought computers and equipment to the value of $90 000. He thought that the computers were being sold at a bargain price. Bing did not agree with Lok's decision.
Advise Bing whether he will be bound by Lok's purchase. Explain your answer fully.
Section B-
75 year old John, a rich person, and Peter, a 30 year old struggling entrepreneur, are partners in the restaurant business. They started off their venture by each investing $50,000. (Total of $100,000 capital). The business is successful and they both make a lot of profit, largely due to Peter's creativity. Peter has recently proposed that they serve fugu, a Japanese blowfish dish, which could cause death if not prepared properly.
After two years of doing the business as a partnership, they are now advised by an accountant friend that they should be careful about the 'unlimited' liability situation in their partnership business and also that the partners are both liable for their debts, 'jointly and severally'.
After being given the advice, John and Peter now wish to incorporate a private limited company to continue their business.
a. Advice John and Peter on the meaning of partnership generally, and as to their liabilities under the partnership, if the business fails while they carry on as partners.
b. Three things are occupying John's mind; the first being his mortality, second that he is the partner with wealth, and thirdly they may serve fugu in future.
Explain why it is better for John and Peter to incorporate their business into a private limited company (Pte Ltd), to protect either or both of them, from unlimited liability?
Part B-
Purpose of the Task - The purpose of the task is for students to demonstrate an understanding of various elements required to prepare a Marketing Plan for international market.
Description of the Task: Your client, is the manufacturer of pet food (dog, cats, hamsters, birds) products, has requested your company to advise them on the possibility of venturing their business overseas. Your Marketing Research Manager has assigned this task to you and wants you to submit a detailed report for his approval before forwarding it to your client.
The company enjoys a significant market presence in its current local market, is well structured and positioned, and is expected to maintain its market status in the local market for the near future.
You are required to investigate the possibility of expanding into an overseas individual consumer or business-to-business market with a view of long-term growth.
Conditions:
1) In this report you will investigate and analyse opportunities that exist in a single overseas market for a single brand.
2) Each student has to select a company in a country (home country).
3) The host country (country to venture into) is either Singapore, Malaysia or Indonesia.
4) Your report must demonstrate your understanding of not only international marketing concepts but most importantly the ability to apply to the destination country's market environmental conditions.