Solved BM5041 – Legal Aspects of Business – ICA 2 Individual Written Assignment NYP, Singapore

Module No: BM5041
Module Title: Legal Aspects of Business
University:  Nanyang Polytechnic School of Business Management (NYP)

BM5041 – Legal Aspects of Business – ICA 2 Individual Assignment

1. Description
This is an individual assignment that allows students to reinforce what they have learned through coursework, lectures, and personal experience in the whole module.

2. Scenario
John has just graduated from a local polytechnic and decided to set up an ice-cream café. He told his Polytechnic classmate, Thomas, about his idea. Thomas thinks that it is a fantastic idea and suggests that they should form a partnership to run the café. While John thinks that it is advisable to have someone to support him in the business, he is concerned about Thomas’ gambling addiction.

John decided to name the café ‘Super Nova Eye Scream’ and it has a yellow eye on a black background as its logo. He has also created some unique flavours and recipes such as Black Forest Eye Scream and Sweet Lotus Eye Scream. In addition, he has also invented an ice-cream maker which can dispense ice-cream in the shape of a unicorn.

Recently, John attended a course titled ‘Law and the Entrepreneur’ and learnt that there are implied terms in a sale of goods contract. He is particularly concerned about the customer’s right to ask for a refund for a half-eaten ice-cream under the Sale of Goods Act.

John’s friend, Peter, owns a restaurant selling roti prata. Last month, Peter’s restaurant was suspended due to mass food poisoning. It is subsequently discovered that mass food poisoning was caused by the inappropriate handling of the equipment used to prepare the food. A total of 125 customers commenced legal action against Peter. John is worried that he may face similar legal action.

Question-Related to Legal Aspects of Business Assignment Writing

(a) Whether John should take up Thomas’ idea to run the café as a partnership or set up the business as a sole proprietorship, with reference to the legal
characteristics of the different types of business organisations.

(b) How John should protect the intellectual property of the café:
i) the logo; and
ii) the ice-cream maker he invented

(c) The customer’s right to refund under the Sale of Goods Act.

(d) i) the requirements that a customer must prove in order to succeed in a case of negligence against John’s café for food poisoning; and
ii) two ways John could protect himself from being sued for negligence.

Assessment Criteria

• Realistic, well-thought-out discussion on the most appropriate legal form of the business.
• Relevant law(s) on intellectual property are well explained and correctly applied.
• Relevant law(s) on the Sale of Goods Act are well explained and correctly applied.
• Relevant law(s) on the Tort of Negligence are well explained and correctly applied.
• The overall quality of the report including language, format and appearance.