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SBM2501 | Buisness Law and Due Diligence | Management

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Assignment Topics
1. What are the most appropriate business entities that would suit a charitable organisation? Explain which are suitable and the characteristics of each entity which would assist in the enterprise.
2. What is the liability of a business which uses an independent contractor? Are these contractors always separate businesses, or can they be employees? What is the criteria for deciding who is an employee and who is not, and what are the implications for the business?
3. What are the different types of partnerships that are available to an enterprise? Why a business choose one and not another? Explain the legal implications of each of these.
4. What is vicarious liability? When would an employer be liable for an employee, and when not? What precautions should an employer take to ensure they will not be liable for their employee’s actions?
5. What is a trust and how is it used for business purposes? What are the advantages and disadvantages in using a trust for business purposes?
6. What is the tort of negligent advice? Explain out when a business may be liable for such wrongful advice. What is a letter of comfort and how does this differ to appropriate advice?

Writing up your work
1. Introduction: why is this topic so important? What has this topic to do with business law? Is it an issue in Australia and around the world when studying business?

Business in increasingly using independent contractors rather than employees, because it is cheaper, there is less responsibility for workers, because workers can be used whenever they are needed, providing a more flexible workforce.
There is an issue in that workers are not in full employment, that employers seek to make the workers liable for anything that can go wrong rather than taking responsibility for injuries to contractors, or even the customers.
That many workers appear to be more like employees, rather than independent contractors. That employers might find they ARE liable for the actions of the workers.

2. What are the legal issues involved in this topic? List them and explain who the interested parties might be: government and legislation, court cases, employers, consumers, society in general?
3. What is the importance of definitions in this topic? How do you define your topic matter, and are there different ways of defining and explaining the various parties involved?
4. What are the important cases you have found? What do they explain to us?
5. What is the role of regulation regarding your topic? Is there legislation over various aspects of your topic?
6. Are there any problems regarding your topic which are yet to be dealt with? Are there issues in society that need to be resolved?
7. Is there any debate or criticism of existing law? What comments do you have regarding your topic?

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