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Under the common law jurisdictions, tort is usually referred to as a civil wrong undertaken which results in a party being harmed or bearing loss, which results in legal liabilities being raised for the person indulged in such tortious activities. Tortfeasor is the term which is used for referring the person who commits such a tortious act (Trindade, Cane and Lunney, 2007). In Australia, there are different torts which apply to the bus...
ASIC v Healey & Ors  FCA 717
The Australian Securities and Investments Commission (ASIC) initiated a legal proceeding against the seven directors and the CEO of the various companies functioning within the Centro Properties Group. The directors were alleged to have committed breach of the director’s duties under section 180(1), 344(1) and 601 FD (3) of the Corporations Act in r...
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The Concept of Unconscionable and Why It means that the Contract is not enforceable
Unconscionable is a conduct of a person that does not obey the conscience rules. If a court realizes that there has been an unfair judgment, it might deny the person behind the conduct the benefits. Under a contract, it may mean that the contract is one-sided that it is not fair to one party and therefore a...
Whether Olivia, Fitz, Huck and Quinn are liable for negligence, or not?
A tort is considered as a civil wrong done by individual. Negligence, in Australia, is considered as a tort. In cases where an individual owes a duty of care to some other individual, and while carrying out certain act or task, this duty is contravened, and the result of such a contravention is injury or loss to the party, to which this particul...
1. Scenario A
Can Tina be held liable for the purchase of fuel made by Brad and would she be liable to reimburse Caltex for the same?
The agency law is one of the common laws in the nations, which helps in governing the relationship between the principal and the agent of such a principal. Further, this common law helps in establishing the liability of an agent towards the acts undertaken to the third party, upon the princi...
Oxford dictionary describes tax to encompass the compulsory contribution or payment by the citizenry in support of government services and operations. It is charged on the people by the government on people's property transactions, income, and commodities. There is no direct benefit that a person derives from the payment of tax. Taxation law, therefore, refers to numerous laws which regulate people's liability to pay tax to ...
Whether or not, a valid contract was formulated in this case?
When an exchange of promise takes place amongst parties which are more than two in number, for a consideration. There are two broad manners in which a contract can be drawn, i.e., a verbal and a written. Even though, the formation of these two is different, but both of these are equally binding (Mau, 2010, p. 5).
The first element to form any contrac...
Negligence and Misrepresentation in Business
Negligence means not providing adequate caution or attention to somebody or something when it is ethically necessary for certain circumstances. A person can file a civil suit against the negligence of another person, which caused him damage or monetary harm. The steps of negligence include the duty of care, meaning the defendant must have a legal duty for care. The harm could be avoided by doi...
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