Posted: August 10th, 2023

BUSINESS LAW 1018 SP2 2015 ASSESSMENT CASE STUDY 1

BUSINESS LAW
1018
SP2 2015
ASSESSMENT
CASE STUDY 1
(ALL THREE SCENARIOS IN ONE PLACE)CASE
STUDY 1.1 (Legal Forms of Doing Business)You have decided to open a hamburger restaurant in
South Australia.
The location of your restaurant can be decided by you
but it must be in South Australia. You can also decide on your own name
for your hamburger restaurant but you need first to describe briefly the
appropriate steps to get that name registered.You need to analyse the best form of business ‘set
up’ for your hamburger restaurant (based on Topic 3 information). You
have decided against a franchise in favour of your own special and unique
brand. Please analyse the options: sole trader, partnership or proprietary
limited company by looking at the appropriate legislation (if any) and
analysing the advantages and disadvantages of the business model you decide
upon.You also need to consider that your best friend Adam
wants to join you in this business venture by investing half of the capital
required to set up the burger restaurant. You need his money. Consider the
options. With what form of business strategy or model can you best
accommodate his generous offer?Case
Study 1.2 (Employing Staff)Your Burger Restaurant is now open. It has been operating for 3 months.You have employed a number of staff.
Ben: Hamburger Super Chef – He is a permanent
employee.
Carol – Casual waiting staff
Donna – Casual waiting staff
Eddie – Casual staff, and responsible for any
deliveries required. He wears no official shirt, and is available “at call”
for you and another pizza restaurant in the same shopping mall. He has his
own motorcycle.Ben has caused you a few problems. In fact, last
Friday he swore at you in front of the whole group when you reported to him
that a customer had complained about a poorly cooked burger, and then he left
his shift an hour early and didn’t return.
You know Frank wants to come
and work permanently with you. You
want to get rid of Ben and employ Frank as the new Hamburger Super Chef. Can
you do so?Also you want to employ Carol as a Supervisor but
don’t want to pay her the shift penalties prescribed in the Award. Are there
consequences here? Moreover, Donna is
injured (suspected broken ankle) during her lunch break when she trips over
some boxes that have been left around outside the back door of your
restaurant in the carpark. Are there
consequences for you?Finally, Eddie’s motorcycle has collided with a
pedestrian while delivering burgers for you. Eddie is OK, but are you liable for the injuries
to the pedestrian?Please identify your legal obligations to the staff
and what liabilities you may have.CASE
STUDY 1.3 (Customers)Your burger restaurant is very, very busy and you
have a high turnover of customers in the restaurant. Things are going very
well.Your “Aussie Burger” with its special sauce is the
most popular one on the menu. One
Sunday when you were not in, and the restaurant is very busy, Carol decides
that the restaurant could make more money by removing the advertised price
from the board of the “Aussie Burger” and raising the price.She justifies this to her co-workers by declaring
that, “After all, it is a Sunday and we have to pay penalty rates.” So she
increases the price of the “Aussie Burger” to $15.00 when its normal price is
$12.00. When customers complain upon
receiving their bills, Carol tells them that the higher price is a “Sunday
surcharge” and insists that they pay the higher amount.You have now also received a letter from the ACCC
asking you to respond to three other matters that have been brought to their
attention:1. You have a new cook, whose name is MacKenzie. The burger that he
has crafted in accordance with his recipe has been named ‘The Big MacKenzie’
and the McDonald’s Corporation has complained to the ACCC saying that that is
deceptive.2. You advertise that “a contribution from every sale goes to
charity” but, in fact, there is no record of any such collection being made
nor sent.3. You advertise that all of your burger buns have been “made fresh
daily in our ovens” but in fact about 30% have been previously baked and then
frozen until needed.Please discuss the legal obligations relating to the
above.

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