Business Law Discussion assessment

Business Law Discussion assessment

Question 1

A) Martha has always dreamed of being an entrepreneur. She feels that being her own boss would allow her flexible work hours and a lucrative paycheck. She does not receive any employer contribution into her provident fund and makes a monthly 16% contribution as it will be a sound investment well into her retirement age. She however does realise that she will need to constantly work in order to have a steady income flow. Martha embarks on her dream career path of being a housing developer and has attracted a number of lucrative real estate development projects since. Based on the scenario, interpret the three (3) main tests and identify if Martha is an Employee or an Independent Contractor. Apply the facts of the scenario to your justification

B) Conrad and Colin would like to set up a general and ordinary partnership together. They are a little confused if they should create a partnership ‘at will’ or a written one. Illustrate the following; (i) The difference between a partnership ‘at will’ and a written partnership. (ii) The key clauses that ought to be considered if Conrad and Colin wish to embark on a written partnership.

C) After being in a partnership for a number of years Conrad and Colin are contemplating if they should transition into running a company. Describe at least seven (7) differences between a general and ordinary partnership and a private company. Based on the seven (7) differences described, state if it is indeed a wise choice to transition into a company especially since Covid-19 has impacted the economic cycle significantly

D) Gavin and Tinsel decide to collaborate as exporters of tin to a French company. Recently they face a legal dispute relating to the delivery of tin. As both own large companies, they wish to maintain their dispute resolution out of the public eye. As their advisor, briefly illustrate the characteristics and atleast 3 (three) advantages and 3 (three) disadvantages of Gavin and Tinsel using the Alternative Dispute Resolution method.

Requirements: 1800 Words

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