Business Law : Page - 13

Unintentional torts in business situationsTort law is an area of law which has been created to provide protection to rights of the people to stay safe, enjoy their property and reputation. The law covers various aspects which are divided into intentional and non intentional torts. The paper primarily provides a discussion in relation to the effect of tort law on business situations. Thus detailed discussion is provided with respect to unintent...

Problem statementThe aim of the report is to analyse the importance of cybersecurity in preventing crime. Cybercrime is increasing day-by-day with the rapid technological development. Hence, it has become critical to making the cybersecurity even stronger for reducing crime and encouraging safety culture in the world of internet. Hence, the study focuses on the way cybersecurity helps to prevent crime in Australia. Problem statement Australi...

Answer:  1 Issue The issue is whether Thor Mining Machinery Ltd and Volvo Trucks (Australia) Ltd can personally hold Simon liable for the contractual terms? Law The Corporations Act 2001 (Cth) provides key regulations which companies have to comply with while managing their operations in Australia. The law provides that after its registration, the company becomes a separate entity. Section 119 provides that this entity becomes the sep...

Powers and Limitations of Company ConstitutionThe constitution of a company is a legal document that is drafted either before or after the registration process is through. The constitution is a legal framework, among the roles of the constitution, the documents delegates’ duties to the company directors and other officers meant for the operational purposes and the internal management of the institution. The constitution of a business cov...

DiscussionThe continuous supervision of market trends and developments is identified as one of the most crucial roles which marketing analysts and practitioners should accomplish. As sectors like tourism and retail are highly impacted by major demographic trends and this accountability becomes highly crucial for destination as well as retail marketers (Buhalis and Amaranggana 2015). In the past few decades, there is a substantial debate on the...

Scenario 1: Negligence1).  a. Issue The main issue is whether Cathy can sue the supermarket for negligence. This would require addressing the following sub-issues. Is there a duty to care on part of supermarkets for the customers? Has there been a breach of duty to breach by the supermarket with regards to the underlying conduct? Has Cathy suffered damages that have a causal relation with the breach of duty to care? The specif...

Introduction to the CaseThis issue can be solved by discussing the relevant laws of tort of negligence, which means a careless injury that leads to damage (Kelly, Schwartz and Partlett 2015). The essential element of negligence is causing breach of duty. To make a party liable for negligence, it must be shown that the plaintiff had a duty of care towards the defendant. It needs to be proved that there was a standard of care that that a ...

The Problem of Domestic ViolenceDomestic violence occurs away from the public eye and remains hidden from us. But, unfortunately it is a common form of violence and is now recognised as a global public health issue. It is an insidious form of violence and violates human rights. The impact on health and wellbeing of the victims is enormous and the economic implications for nations and communities are immense. The socioeconomic reasons for domes...

The Role of the Society in Criminal Justice SystemThe main subject matter of the case is to discuss about the role of the society in case of criminal justice system and the required government structure regarding this. There are certain discussions made regarding the contribution of the citizens making an effective criminal justice system. Certain theories are taken to redefine the topic and the conditions of the state courts and prisons have ...

Issue1. Whether Cliff and Mary sue Susan for the damage to their house, mini-tractor, chicken coop, and pool, and for the loss of the chickens and eggs? 2. Whether Cliff and Mary sue for mental shock of being attacked by Benji and the shock of the house fire? The law of negligence is a very important piece of legislation. It is a law of tort and aims at compensating the aggrieved parties who have suffered losses because of the wrongful a...

Issues raisedCan Mary and Cliff claim from Susan for the damage fto their mini-tractor, chicken coop, house, pool, eggs and chicken? Can Mary and Cliff claim from Susan for mental shock due to attack by Benji and the shock suffered by them due to fire in their house? The Law of tort is very wide and covers a lot of laws, one of which is the law of Negligence. The law of negligence was developed in order to protect the injured, who suffers ...

Emergent LiteracyThe project will try to find out the emergent literacy of three children named Mark Sophie and John. The three are aged four, three and five respectively, and the instructor observes their behavior while they are interacting. Some sets of learning activities are provided to the group which will then be used to gauge the different level of emergent literacy among the young children. The study aims to demonstrate the ability and...

Background on Migration Act 1958 (Cth)To The Client Australia Subject: Implication of following cases regarding section 240 of Migration Act 1958 (Cth) Respected Sir/Madam This letter of advice will discuss about the grounds of section 240 of Migration Act 1958 and certain case laws are discussing to make you understand about the implication of the cases regarding the section on migration law. In Australia, migration related matters are of...

Part 1 ATo The Registrar Dear Madam/Sir The statement of claim in relation to this case has been submitted on 1st March 2018. I did not have the capacity of serving the statement by post or personally. This is the reason why I seek to make an application for a substituted service order.  I would be grateful if you make order through which the statement of claim can be served via sending it to Dr Wallace at any other place. This is becaus...

What Jean needs to EstablishIn a bid to succeed in an action against East End Four Corners Supermarket, Jean has to prove that the slipping and falling was a result of negligence on the part of the store manager, the employees or the supermarket. The question with this regard is whether an extra caution on the part of the property owners would have avoided the accident (Gibson, 2010). In a bid to prove this, only one of the following need...

Scenario: A Australian Legal ProblemWhether Tom Burt can take any action against the Shannon’s for posting negative comments against him? Defamation is considered as the action through which person spreads bad or wrong things about another person, and such spreaders cause harm to that person. A person can be defamed by spreading false things about that person to the third person. For the purpose of defaming any person, it is not neces...

Background Information on Joseph Brunetti and Connect ComputersThe issue is to check that whether there is a valid contract between Joe and Annie? For a valid contract, there must be an offer and acceptance. For an offer, this is necessary that the same must be properly communicated to the offeree. Parties to the contract can choose any mode of offer and acceptance. In those cases where parties do communication via particular mode, then s...

IssueWhether the law of agency provides any right to roger via which he can sue GARC in relation to the loss incurred in cucumbers. There are various ways in which an agency can come to existence. These ways include ways such as expressed authority, implied authority, apparent authority and agency by necessity or emergency. Under the agency of necessity, a relationship of agent and principle can be created if there is a situation of emergen...

IssueWill the taxpayer be held liable for fees derived under the “subsection 25 (1) of the ITAA 1936” as the income from the ordinary concepts? The case study also revolves around the issue regarding whether the prize winning from body building would be treated as ordinary income under the ordinary concepts of “section 6-5”? Whether the taxpayer in the present case would be held taxable for the gifts amounts that is recei...

Essay InstructionsAccording to the provisions of Section 103A of the Employment Relations Act 2000, an employee is at the authority to bring personal grievance against the employer under which they are working if there are sufficient grounds to believe that they have been dismissed unjustifiably[1]. In this regard, employees are required to establish the fact that they were dismissed on unreasonable grounds. The burden of proof lies upon the emp...

Scenario 1: Supermarket Manager and Purchasing AuthorityIssue Whether AFS Grocery Wholesalers Pty Ltd holds any legal right to recover the payment of $45000 from John’s Supermarket for the goods they delivered to them- Whether these rights are also available if John informed AFS Grocery that Linda is expressly restricted to Place order of any goods without informing John- Law The most important element of the valid contract is consid...

Main Reasons Business Disputes Must be Resolved in Court1: Generally speaking, precedent can be described as the authority or the guidance of past decisions regarding their future cases. Only the decisions that provide a new rule or principle can be described as judicial precedent. However there are different principles that are related with the application of such judicial decisions under the common law. These principles are known as the doctri...

Residency Test for Tax PurposesThis letter is written to you to respond on Income Tax Obligations involving residency in Australia even though this is not your native home. The most general way of determining whether a person is an Australian, is by considering the persons facts and circumstances in relation to the Common Law and Statutory test carried out to determine ones residency. One is considered an Australian Resident if the person &lsquo...

Breached Statutory ProvisionsIn this case, a multimedia advertising campaign was initiated by TPG Internet Pty Ltd. That took place between 2010 and 2011 (ACCC v TPG Internet Pty Ltd., 2013). The main feature of these advertisements was an offer related with unlimited ADSL+ service, which was being offered to the consumers that the price of $29.99 per month. But it was also mentioned in these advertisements much less prominently that the consu...

Witnesses Not Competent to Give Evidence Due to Mental, Intellectual and Physical DisabilityAnswer 1 Under section 128 of Evidence Act 1995, Privilege with concern to self-discrimination is where; witness objects in providing particular evidence on the basis that the evidence might prove that witness might have committed a crime against or arising under Australian law of a foreign country or is liable to a civil penalty (Lewis, 2005). &lsqu...