Business Law : Page - 14

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...

Sale of AssetsIssue The central concern based on the given factors is to highlight the relevant taxation treatment in relation with the transactions mentioned below that have been encountered by Amber (taxpayer). 1) Possible capital gains arising from chocolate shop sale and levying of CGT (Capital Gains Tax) on the same. 2) It needs to be determined if restrictive covenant related proceeds that have been derived from a separate contract wo...

Negative impact of incivility, bullying and violence on nursing professionals and the healthcare environmentIncivility, bullying and violence are one of the major issues in nursing profession that affects the performance and concentration of healthcare professionals working in the facility (Griffin & Clark, 2014). Where bullying and violence are acts that affect the person’s self-confidence and harm them physically, incivility is t...

Background and ContextSupreme powers have been provided to the company’s directors in Australia to manage the operations of the corporation through the application of s 198A of the Corporation Act 2001 (Cth)[1].  The company’s directors have full power to look after the working of the organization. However, the powers of the directors have been restricted by the rules of the both common law and statutory law in Australia the obj...

Elements of Negligence Torts Whether a successful suit for negligence can be filed by Cliff and Mary against Susan to enforce her to pay for the loss which they suffered due to Benji? Whether any defences are available for Susan against the suit for negligence? Negligence torts are not defined as deliberated actions; instead, they are referred to the failure of an individual or entity act reasonably towards another person to whom a duty...

The Proposal1. The politics surrounding the reformations of the housing tax continues to be significant issue. However, reformations in the capital gains and negative gearing along with the shift in the property tax would help in improving the affordability while simultaneously increasing the revenue of the government (Blunden, 2016). The policy of capital gains and negative gearing tax reformations takes into the account the combination of im...

Introduction to Superannuation Guarantee ActThe present case is based on the terms and role of the Superannuation Guarantee (Administration) Act regarding the appointment of employers and the employees. According to provision of section 5, the provision of the Act will apply on the commonwealth authority and deals with the employment process of the commonwealth. The term commonwealth department means anybody that has been established under P...

Duties of Directors under the Corporations Act, 2001 (Cth)There are several duties that have been mentioned for the directors of corporations by the common law, statutory law and company's constitution. The statutory duties imposed on the directors are mentioned in the Corporations Act, 2001 (Cth). In this work, the statutory and common law position of the above-mentioned directors has been discussed. In the present case, Vesna convinced th...

Case SummaryThe below case study discusses about tort law and major tort law question “Is it possible to frame an action in both trespass and negligence based on the same set of facts? If so, identify instances when trespass may be more attractive to a plaintiff? This paper discusses about the case Williams v Milotin [1957] 97 CLR 465 and major significance and implications of the decision. This case is related to trespasses and neg...

Case study 1: Sinking Ship 1. The issue in this case is if Claude, Jackie and Allison can pay dividend when the company was nearing insolvency. Similarly, if the liquidator can recover the Mercedes and $50,000 transferred by Claude? In this regard, the law provides that in case of the insolvency of a company, the director of the company is required to consider the interests of the creditors. For this purpose, the directors should help the admi...

Background of the Case The main issue of the case is to determine whether Cruisers can take any action against Donald for non-compliance of the offer or not. The subject matter of the case is based on the basic principle of acceptance and compliance of an offer. Offer is one of the main elements of contract. According to the Contract law, a contract could be regarded as valid on meeting certain requirements. Offer is a willingness of the person...

Case 1: Dhingra v. Dhingra, 2012 ONCA 261 (CanLII)The present article comprises of the relevant acts that can followed in regard to certain specific cases. The summaries of the  five different cases are followed so as to be able to understand the particular course of action for the cases. Case 1: Dhingra v. Dhingra, 2012 ONCA 261 (CanLII) Should the public policy rule apply when the person who has committed the crime is found not crimin...

Net profits and dividend payouts a)  Dividend to be received in May 2018 (in $) =  Net profit for 2018 x share % x dividend pay-out ratio =  600000 x 15% x 75% =  67,500  Dividend to be received in May 2019 (in $) =  Net profit for 2018 x (1 + growth rate) x share % x dividend pay-out ratio =  600000 x (1 + 30%) x 15% x 75% =  87,750  Amount required in late May 2019 (in $) =  100,000...

First Amendment Guarantee of Freedom of SpeechMany of the Americans are familiar with certain parts of the First Amendments, however still most people cannot outline all of its parts. Most of the people usually are taught abound the First Amendment in either in eight grade or in high school, but the majority of the students only stop at that and never look at the constitution thereafter. It is true that many people have the knowledge about the...

Introduction to Legal Profession and CPHR Saskatchewan In the year 2013, the CPHR Saskatchewan started its operation to become a self regulated profession. The recognition as a professional and having the authority to self regulate the process to the stakeholders and association.  The main goals of the profession in Saskatchewan are to analyze the credibility of the available human resources profession and for the protection of the pub...

Causes of social injustices and inequalitiesSocial injustice and inequity have contributed significantly to technical operations failure.  The authorities at the international and national levels try to determine the primary cause of the social injustices, exclusion, and disparities. It is an issue that requires collaboration for both public and the government to achieve fairness in the society. The study will focus on the exclusion, soci...

Misrepresentation in ContractsCase 1 In this particular case, the issue is raised by Angela regarding the false representation made by Jessica. In order to advise Angela whether a suit for misrepresentation can be formed, it is necessary to understand relevant laws and judgement of relevant cases. A party can be held liable for misrepresentation if it made a false statement with a purpose of inducing another party into signing a contract. The...