Group Assignment Report: Business and Corporate Law, HI6027, T3 2019

This report presents a comprehensive analysis of two key areas of business law: contract law, specifically focusing on misrepresentation, and corporations law, with an emphasis on pre-registration contracts. The contract law section examines Section 18 of the Competition and Consumer Act 2010, alongside relevant case law such as Forwood Products Pty Ltd v Gibbett and Argy v Blunts, to illustrate the legal implications of deceptive conduct. The corporations law segment delves into Section 131 of the Corporations Act 2001, addressing the accountability of individuals and companies in pre-registration contracts, referencing cases like Kelner v Baxter and Aztech Science v Atlanta Aerospace. The report concludes with clear applications of these legal principles, offering insights into potential legal actions and the allocation of accountability in different scenarios. This assignment aims to provide a deep understanding of the core concepts and legal principles within both contract and corporations law.

CONTRACT LAW AND
CORPORATIONS LAW
NAME OF THE STUDENT
NAME OF THE UNIVERSITY
AUTHOR NOTE

CONTRACT LAW [MISREPRESENTATION]
 Section 18 as provided in the Competition and Consumer Act 2010 relates to
misrepresentation and deceptive conduct.
 Forwood Products Pty Ltd v Gibbett (2002) ATPR 41 is a relevant case.

MISREPRESENTAION IN CONTRACT
 Argy v Blunts and Lane Cove Real Estate Pty Ltd (1990) 26 FCR 112 is an important
case in this regard.
 Lyons v Kern Konstructions (Townsville) Pty Ltd (1983) 47 ALR 114 is another
relevant case.
 ACCC v Oceana Commercial Pty Ltd (2004) ATPR (Digest) 46-244 is a significant
case.

MISREPRESENTATION IN CONTRACT
 ACCC v Telstra Corporation Ltd (2004) ATPR 42-017.
 Colgate-Palmolive Pty Ltd v Rexona Pty Ltd (1981) ATPR 40-242.

MISREPRESENTATION IN CONTRACT
[CONCLUSION]
 It may be said that in the given scenario, the actions of the conman shall be considered
to be in contravention to section 18 as it is deceptive and misleading.
 The museum will be able to take legal actions of civil nature against the conman.

MISREPRESENTATION IN CONTRACT
[REFERENCES]
 ACCC v Oceana Commercial Pty Ltd (2004) ATPR (Digest) 46-244.
 ACCC v Telstra Corporation Ltd (2004) ATPR 42-017.
 Argy v Blunts and Lane Cove Real Estate Pty Ltd (1990)26 FCR 112.
 Colgate-Palmolive Pty Ltd v Rexona Pty Ltd (1981) ATPR 40-242.
 Competition and Consumer Act, 2010.
 Forwood Products Pty Ltd v Gibbett (2002) ATPR 41.
 Lyons v Kern Konstructions (Townsville) Pty Ltd (1983) 47 ALR 114.

CORPORATIONS LAW [PRE-REGISTRATION
CONTRACT]
 Section 131 as provided in the Corporations Act of 2001 states that any individual who
establishes a pre-registration contract for a company shall be accountable regarding
such contract.
 After the registration of the company, if the pre-registered contracts are ratified by the
company, then the company shall be accountable in relation to such contracts. If the
pre-registered contracts are not ratified by the company, then the individual shall be
considered as accountable in relation to such contracts.

PRE-REGISTRATION CONTRACT IN
CORPORATIONS LAW
 Kelner v Baxter (1866) LR 2 CP 174 shall be considered to be an important case in
this regard.

PRE-REGISTRATION CONTRACT IN
CORPORATIONS LAW
 Aztech Science v Atlanta Aerospace (Woy Woy) [2005] NSWCA 319 is an important
case in this relation.

PRE-REGISTRATION CONTRACT IN
CORPORATIONS LAW
 Bay v Illawarra Stationary Supplies Pty Ltd (1986) 4 ACLC 429 is also a relevant case
in this regard.

PRE-REGISTRATION CONTRACT IN
CORPORATIONS LAW [CONCLUSION]
 Kellie shall be held accountable in relation to the several amounts that have been
contracted by Kellie for the organization before the registration of the organization.
 In case the organization is registered, if the company ratifies the contracts established
by Kellie then the company shall be accountable in relation to the contracts, however,
if the company does not ratify the contracts established by Kellie then Kellie shall be
accountable in relation to the contracts.

PRE-REGISTRATION CONTRACT IN
CORPORATIONS LAW [CONCLUSION]
 Aztech Science v Atlanta Aerospace (Woy Woy) [2005] NSWCA 319.
 Bay v Illawarra Stationary Supplies Pty Ltd (1986) 4 ACLC 429.
 Corporations Act, 2001 (Cth).
 Kelner v Baxter (1866) LR 2 CP 174.