Business Law : Page - 10

Pre-contractual misrepresentation and mistake in the subject matter of the contract1: The key legal issues in the current matter are: Pre-contractual misrepresentation: Peter deliberately misrepresented himself before the publisher in receiving a free sample of the astronomy textbook in exchange for the book review. The publisher would not have provided a free copy to Peter if he was aware of the fact that Peter is a third-year student and...

Goals of the ProjectEmpire State RetroFit is a project that comprises of the RetroFit of the large building. There are a total of seven projects that will be required to run for the project. These projects include radiative barrier, balance of direct digital controls, chiller plant retrofit, VAV Air handling units, Building Windows, Tenanet Energy Management, and Tenant Daylighting & lighting plugs. The report covers the goals, objectives,...

1a. Negligence of Chef RupaliWhether Rupali breached legal duty of care under the tort of negligence Duty of care is defined as the legal responsibility of the person in which they need to avoid causing harm to another person in those situations when such harm is foreseeable in nature. Duty of care exists when there is sufficient closeness between the parties. In context of determining whether duty of care breached, Court determines the st...

The breach of contract and the impact of Wrotham Park Estate Co Ltd v Parkside Homes Ltd caseThis assessment shall take into consideration the study of mainly the Wrotham Park Estate Co Ltd v Parkside Homes Ltd. case and the other three cases related to it. The various impacts of the case on the other three and what additions have been made on the case of Wrotham Park Estate Co Ltd v Parkside Homes Ltd. shall also be pointed out in this whole ...

Fred's daily behaviour before and after entering AustraliaThe Australian resident is referred as the person who is the resident of Australia for the taxation purpose under “section 995-1 of the ITAA 1936”. The court in “Reid v The Commissioners of Inland Revenue (1926)” considered the meaning of the word “reside” (Kenny 2014). The commissioner expressed that the presence and time are to be taken in...

Enforceability of Promises Made to MinorsIssue: here the issue is if the rule known as the Pinnel's rule can be applied in case of the transaction that took place between David and Rees. Rule: In order to deal with this issue, the rule called the Pinnel's rule and its exceptions need to be applied to the facts of this question. This rule provides that the payment of less money than the money owed by one party to the other will not result in the...

Overview of the Canadian Justice System Supreme Court of Canada https://www.scc-csc.ca/court-cour/sys-eng.aspx The hierarchy of the Canadian Justice System is a functional derivative of the Canadian Constitution, that is, the Constitution Act, 1867. The judicial system of Canada is divided into the Federal Government and also the ten provincial governments in Canada. The courts follow civil as well as criminal jurisdiction, where the cour...

Two Main Sources of Law in AustraliaThere are two main sources of law in Australia, case law or common law, based on the decisions of judges in the superior courts, and legislation, the law made by Parliament. Because of the Federal system of Government in Australia, we have: Court decisions and legislation made by Federal Courts and Federal Parliament, and Court decisions and legislation made by State Courts and State Parliaments. Judg...

Scenario - Analysing Contract Formation Invitation to treat Offer Counter offer Rejection of offer and counter offer Rejection of offer Offer Rejection of offer Offer Request for information and supply of information Acceptance Rejection of offer Rejection of offer (Not valid since contract has been formed) Whether a contract exists between Jane and Tarzan? Offer and acceptance are essential elements of a contract. An offer...

Evaluation of the Formation of Valid ContractsA contract creates a binding relationship between parties under which they can be legally enforced to comply with its terms. In this paper, a case study will be evaluated by using different laws relating to contract and its key elements. The objective is to evaluate the legal position of different parties in the case by applying relevant laws and cases. Moreover, various alternative dispute resolut...

Challenges facing the youth and the female population in the Middle EastThe word youth is used in reference to people of ages between childhoods and thirty five year old (Kurtipek, Çelik, Gümü? & Yilmaz, 2017).  Other authors choose to refer to the group as young people while others use the phrase ‘young adults’. The young people in the Middle East, the youth face challenges ranging for unemployment, inade...

Court Imposed BanThe banning of the people with violent backgrounds from the precincts of licensed premises will help in controlling of violence near licensed premises. The majority of the violence near the licenced premises are caused by a number of issues in the maintenance of law in the society. The Queensland law enforcement and the local laws try to prevent the various kinds of violence in the society which may be a result of a drunken ...

Separate Legal Identity of a CompanyThe central concern in wake of the given facts is to outline the potential liability of Steve (the promoter) in relation to a contract formed after the company registration and a preregistration contract which was subsequently not ratified by the board. A key aspect of company is that it possesses a separate legal identity as has been outlined in s. 124(1) Corporations Act 2001.  This provides the co...

Cash Basis and Accrual Basis of AccountingThe cash basis and the accrual basis are referred as the two different methods that is used in recording the transactions. The main fundamental differences among the two method is the timing that is involved in recording the transactions. The cash basis of accounting helps in recording the cash that is received from the customers while the expenses are recorded when the cash is paid to the suppliers an...

Prevalence of IFS Violence in Australia and WorldwideThe term IFS stands for interpersonal, Family and Structural violence. Interpersonal violence is referred to physical as well as sexual abuse in childhood along with domestic violence which is considered to be a common issue in the society. According to survey, more than 6 to 15 percent of the women experiences domestic violence every year in Australia. The lifetime prevalence is expected to...

Areas to be coveredSocial justice issue is a common term which is used all over the world and people are found to be fighting for it vigorously. The mentioned term can be defined as issues that take place due to the limitation of social rights or violation of the same for a specific group of individuals without any genuine reason. Considering the fact that a huge number of asylum seekers from Syria and other parts of the worlds are arriving at...

Flowchart for Optimal Utilization of Market Intelligence to Address Sourcing ChallengesQ1: Parts of the “Flowchart for Optimal Utilization of Market Intelligence to Address Sourcing Challenges” Strategic Scoping: alludes to the items and administrations an organization intends to offer over a particular period, and shows where and to which target markets they will be sold. ... Key degree choices are imperative since they set focus...

Training and education advancements in construction engineeringTraining and education in construction engineering has been advanced by Virtual Reality and Augmented Reality technologies which are effective and qualitative. Milgram and Colquhoum came up with a representative classification of the system for visualization focused on positioning virtual reality (Chen, Chi, Hung, & Kang, 2011). They give a description of the merging of vi...

LoveBangla: A Bangladesh-based Charity for Australian Homeless PeopleLoveBangla is a charitable organization that helps the people of Australia to get food and clothing. The remote areas of Australia are highly affected by poor economic condition and the people over there cannot afford food and clothing (Rches and Silvasti 2014). LoveBangla the Bangladesh based organization is helping those people who are affected by the poor economic conditio...

Part 11. Euthanasia, assisted suicide, mercy killing are all terms to explain the same case. People who are in a medical state where they are unable their cure is not possible they may ask for the mercy killing. This is where he or she shall be assisted to die with the consent of the court. This is a case that has been in the discussion among the judiciary system for a while now. Noel Douglas Conway is 67 years old and has been suffering from...

Case Scenario 1: Hiring Electronics from Electric BluesThe key issue raised in this case is whether Weitao is liable to pay the replacement fee to Evelyn as per the terms of the contract signed by him? An exclusion clause is referred to a term which is included by the parties to a contract in order to avoid their liability which is raised in case of breach of the contractual terms. These terms are used by parties to avoid paying compensatio...

Director Duties and BreachesDoes the duty have been breached by Mr Gonzo as the director of UR Saved? Whether he should be penalized for this breach? This problem had the basic rules that are under section 181 of the Corporation Act that the director or the officer should work in the best interest of the company or in good faith. In WHITLAM v ASIC [2002] NSWSC 591 case, the Court had found Mr Whitlam in the contravention of the section 181 ...

Managing the Legal EnvironmentThe subject concerns the legal regulatory framework required by organizations in their day in day out activities. It entails various objectives such as how to apply the relevant legal environment knowledge to arising situations, being aware of the existing legal issues and coming up with strategies to effectively respond to the existing risks, (Boutilier  & Thomson 2011).It also, advocates for the promoti...

The link between private troubles and social policyThe social justice is a perception of fair relationship between an individual and society. It stresses on people to receive benefits and burden of cooperation. The social policy is referred to the policies which are used by the government for the welfare and social defence. The social problems affect and damages society, so the social policies are recommended to overcome the issues. In this re...

Theoretical components of political science/psychological literature on women's tortureThe women in the society have to experience violence in different ways and this has physical along with emotional effects on their health. The violence that is perpetrated on the women can be in the form of physical abuse, sexual assault, financial abuse or sexual harassment. The violence on women can also be termed as hate crimes as this type of violence is...