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In the given scenario, due to the negligence of Sam, three aircraft suffered from losses. All these three crafts faced different situations and losses. Now the issue is to check whether Sam is liable towards all the three defendants or not? Moreover, if yes then what kind of liability?
Tort is a very significant type of common Law. Under Tort law, a person owns a duty of care towards another person (e-law resources, 201...
Question 1: Steve Jones
Given that Steve is the Founder(promoter) of WA Gold Exploration Ltd, is he liable for the breach of Thor Mining Machinery Ltd? Also, as a shareholder with 90%, is he liable for the WA Gold Exploration Ltd debts with Volvo Trucks (Australia) Ltd?
Rule of Law
Company founders or promoters are the initial persons who exist before its incorporation, and they are the one who takes the responsibilit...
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The key issue, in this case, is whether Steve can be held personally liable for the contract formed by him on behalf of the company?
While managing their operations in Australia, companies are subject to a wide range of legal regulations which they have to comply with in order to avoid penalties. The Corporations Act 2001 (Cth) applies throughout Australia, and it provides provisions which organisations have to c...
To decide whether Mary should stick by the deal that she had offered or whether Dan would be liable to act according to the intention of Mary.
One of the basic essential of a contract is that the parties to the contract should agree to the same matter at the same time. There should be a ‘consensus ad idem’ that is, a meeting of minds of the parties. If the parties are not agreeing to the same point, then th...
In this paper, the issue to be discussed is whether Mary and Used Trucks Ltd recover the payment from Road Measuring Professionals for delivering the equipment and truck.
The Partnership Act, 1892 (NSW) deals with the formation of a partnership business in Australia. According to section 1 of the above-mentioned Act, when a collaboration between two or more individuals performing the functions of a corporat...
Issue 1: Did Sara purposefully avoid telling Gabby regarding her employment under Terrence? If so can it be considered as an honest mistake or breaching the employment terms with her employer Terrence?
Issue 2: As Peter works as the supplier under Terrence, he owes him certain duties of an employee. Therefore, having the knowledge of the fact that Terry’s terrific Designs does not requires any gold but only silver, his ...
The key issue of this case revolves around the possibility of a claim of negligent misstatement being raised against Emma by Richard.
Misrepresentation shows the false statement of law or fact being made, so as to induce the other side of the contracting party, to go forward with the contract. There are three types of misrepresentation, one of which is negligent misrepresentation. This is also referred to as...
(i) In order to deal with the above-mentioned issues, the principles of the law of agency need to be applied. For example, the first issue is related with the agent of undisclosed principle. The use of undisclosed agency agreements can be commonly found in the commercial world. For example a person has entered into a contract for leasing a motor vehicle from ABC Leasing Company and such person would ordinarily believe that he has a con...
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