Business Law : Page - 12

Legal requirements for contract formationThe central issue in this case is to find whether the parties Ann and Jack have enacted an enforceable contract based on the relevant case law. An enforceable contract would be executed between two parties when there is lawful offer, acceptance, consideration, intention to enter into contract and position or capacity of the parties to create contract (Carter, 2017). The main aspects are valid offer a...

BackgroundThe case given for this report is ASIC v Adler [2002] NSWSC 171 is one of the important cases in the area of director duties and breaches thereof. Under Corporations Act, 2001 (Cth), many of the duties are mentioned that are required to be followed by officers and directors of a company incorporated in Australia. When any of the director or officer of an Australian company, breaches the provisions of Corporations Act 2001 then i...

The Duty of Care in Negligence CasesThe involved issue in the case is to check that whether Meghan and Catherine, two of the claimant so the case can bring an action for negligence under tort law and what is the possibility of their success. Negligence is one of the aspects of Tort Law. As the name implies it reflects a situation where a person does not perform his/her duty with due care (Cohen, 2009). What is the duty of care is important ...

MethodPregnancy time is a very vulnerable time in the life of a woman. Women who are still at the age bracket of bearing children are often exposed to high risks associated with intimate partner violence (IPV) and violence that occur within the neighbors. IPV and neighborhood violence have been found to have detrimental results to the mental condition of pregnant mothers and may result in physical injury. IPV may lead to depression and increas...

Internal Management of CorporationIt has been provided by the Corporations Act, 2001 (Cth) that the internal management of a corporation is going to be governed by: The relevant provisions of Corporations Act; The constitution of the company; or By both. In this regard, the constitution of a corporation provides the rules that govern the company. These rules can be used for managing the relationship that exists between the corporation,...

The Role of Doctrine of Precedent in Australian CourtsThis case related mainly to the obligation on part of a casino to protect the interests of its patrons. As contended by the casino owners, there is no such obligation on part of casinos to protect the interests of its patrons. The case revolves around the provisions of Gaming Control Act 1993, specifically the provisions of Section 79A of the act (Komárek 2013). This section prescrib...

Summary of IssuesThe present case is based on the employment contract that has been made in between Andrea, the General Manager of BEF Company and Abdul. According to the contract, Abdul will get $880 per week in lieu for any overtime payment. During the busy schedule of the company, Abdul has worked for 180 hours as overtime. However, because of his leaves, the overtime has become 140 days in lieu of 180 days. Further, he has been promoted as...

Price elasticity of beer demand in AustraliaAs observed from the above figure beer consumption in Canada exceeds that in Australia. The preference towards alcoholic beverages in Canada tend to be more as compared to Australia (Weersink, Probyn-Smith & Von Massow 2018). In Australia however, strict governmental policy measures help to reduce consumption of beer over time. Price elasticity of beer demand in Australia    &nbs...

Overview of Legislation HierarchyLegislation hierarchy involves a particular order of legal rules or regulations to a certain degree from the highest and lowest mostly depending on providing existing competent authority During the enforcement of these regulations, it is quite necessary to abide completely with these standing orders of a state. The hierarchy includes the constitution, laws and then the available subordinate regulations.In this...

Issue 1: Ellen's Claim Against the CouncilThe issue is to decide whether Ellen can claim against the Council regarding the advice given to her by the Council. Negligent Misstatement, a type of tort that refers to the information or statement made by a person that is misleading or inaccurate, and such wrong statement causes injury to another person. In the case of Derry v Peak, the English Court of Appeal observed that a negligent misstatem...

The Types and Importance of CybercrimeIn today’s world, where cyber crime had increased a lot, a good prevention of the data is really important. Cybercrime is of many types like online thefts of identity, frauds in finances, bullying, stalking, spoofing of emails, hacking, property crime and forgery etc. and can harm and create a tide in the lives of the people who become the victims of it (Dashora, 2011). This can be at its worst ...

Development of Rules and Punishments in a Tribe's ConstitutionIn the new Constitution developed by the tribe, there are rules that protect members of the tribe from violent acts from other members of the tribe. According to Herbert Lionel Adolphus Hart, there are certain circumstances essential for the continued existence of legal system. These circumstances are as follows: the ‘rules of behaviour’ applicable in relation to the ...

Related LiteratureBehaviours of aggression and violence is quite common in the acute hospital settings especially in the emergency departments (ED). This is often associated with low level of resistance along with hitting out or other forms of physical assault. Most of the healthcare professionals, especially nurses, think that it is part of the job to simply tolerate this type of behaviour (Patterson et al. 2013). However it can result in ser...

Impact of Global Connectivity on CybercrimeIn the present scenario, every individual works and lives in a state of global connectivity. The people exchange their ideas and conversations, which conduct a monetary transaction with, people from another side of planet effectively and inexpensively (McMahon, Serrato, Bressler & Bressler, 2015). Nowadays, Internet has proven itself the effective source of communication concluding the way individ...

Budgeting Process and Sales ProjectionsOn the beach is the Australian firm that operates its business of manufacturing the swimwear as well accessories for both male and females. The firm is mainly dealing in four products i.e. one piece swimsuits for women, board shorts for men, beach towels and the beach bags. The management of the firm is desired to set the targets and goals for the upcoming year i.e. 2019 and hence requires various types o...

BackgroundIn the High Court of New Zealand: In the matter of: breach of covenant made on the implementation and operation of the rent control system Between: Ms. Nangula (1st plaintiff) and the Youth Movement fighting for a Cheaper and Affordable Housing in Namibia (YCAH) And: Namibian Government (1st defendant) and The Lines Ministry (2nd defendant). I Ms. Nangula swear/solemnly and sincerely affirm that: I am the founder and one...

Duty of Care in NegligenceThe issue is to determine as to in which of the given scenarios would Sam be held liable for the losses suffered by plaintiffs. A person must provide reasonable care to another person and if he/she fails to do so and as a result that person suffers harm then the defendant would be liable to pay the damage to the concerned person under the applicability of the tort of negligence. The person who behaves negligently i...

Elements of NegligenceThe key issue is whether Cliff and Mary can hold Susan liable for the loss suffered by them? The tort of negligence is referred to the civil wrong in which a person suffered a loss due to the failure of another person to take proper care. The innocent party has the right to file a claim against another person in order to demand damages and held him liable for damages. In order to claim damages for negligence, the parti...

Can a negligent act amount to the intentional tort of battery?1. A tort can be committed either intentionally or negligently. According to the definition, when two people contact with each other with certain offensive or harmful intention, it will be known as battery. However, harmful intention of the parties is not necessary. According to Williams v Milotin, negligent act can amount to intentional tort of battery. 2. According to the common ...

Recognising Business Entities in New ZealandIssue: In the present given situation, the only issue involved is what corporate company/firm he create to easily manage his financial funds, which also leaves him for the day to day runnings to professionals. Law: As per the present given situation, the various provisions of the Limited Partnership Act, 2008 is applicable.   Application: It is submitted that Bernard who is a businessman after h...

BackgroundContract law is an area of law which is largely influences the business society. The parties to the contract are legally provided the right to take actions against each other for breach of its terms. Along with its formation and content, it is also important to understand the law regarding damages in case of contractual breach. There are various forms in which damages is provided to the aggrieved party by the courts. The contract can...

Pathophysiology of InjuryFOOSH injury defined as mechanism of injury that occurs due to fall of any individuals and injured area can be wrist, hand and any other places of the body. One common injury observed is colle’s fracture. , In few cases, swelling and bruising observed and weak hand grips, loss of wrist motion observed in patients (Lee et al. 2017). Increase in pain generally observed. .If pain persist for longer period then ligam...

Understanding of legal theory facilitates analysis of issues related to access to law and justice Additional Source 1 Schetzer, Louis, Roberto Buonamano and Joanna Mullins, "Access To Justice & Legal Needs." (Law & Justice Foundation, 2002) <http://www.lawfoundation.net.au/ljf/site/articleIDs/012E910236879BAECA257060007D13E0/$file/bkgr1.pdf> Additional Source 2 Law Council of Australia, "People Exper...

Sources of Irish LawIrish Law refers to the law of Ireland and the prison system and courts of the country support the same. Similar to any other law, Irish law is also been developed with the help of one or more sources. Some of the lead sources of Irish law are mentioned below. a. Common Law: - Common law has been developed in England originally. It is based on the practices and legal precedents. A legal precedent is a decision of a past case...

Introduction to Tower Hamlet Borough of LondonTower Hamlet is one of the most populated areas of London borough with a total population more than 3 lakhs. The geography of Tower Hamlet is somehow mixed with young people of the South Asian community and people of British origin. The major problem of this area is violence against women and girls (VAWG) through forced marriage, domestic violence, gender-based acts and honour crimes. Various ...