Business Law : Page - 18

Legal principles governing Torrens title and leasesIn any legal system, contract and consumer law are the two elements which are considered to be integral in the arena of civil. It is also the case of Australian legal system. Apart from that, property law is another element, which is also emphasized to a great extent under every legal system. Considering this fact, focus of the present assignment would be on discussing provided cases on torre...

Assessment of Building ABusiness pathology defines two major work processes include Producing information that will assist in the effective management of service loss and developing methodologies for assessment of defects and failures and consequential service loss. Three types of deteriorations can be found in any construction namely, Dampness, Bio-decay and Cracking (Kumar & Gardoni, 2013). The purpose of the inspection is to identify the ...

Tax liability of partnersAssessable Income of Partnership Business Division 5 of Pt of III ITAA deals with the principles concerning partnership taxation. These are applicable to all types of partnership exclusive of limited corporate partnership. It is stated by Morse and Deutsch (2015), that, the main purpose of this division is to inflict the tax on the partners rather than partnership which is obliged to be the individual taxpayer....

Legal requirements for a successful claim of constructive dismissalThe assignment is about the constructive dismissal which is regarded as a dismissal disguised as resignation. In Malaysia, the constructive dismissal mainly refers to the act of the employee in breaking its employment contract because of the breach of contract committed by the employer. The breach committed by the company must be in the form that it alters the essential element...

Measuring TDVDating among teenagers is a very common phenomenon nowadays and it is on the rise. With the inception of the social networking sites and their growth in the last decade the trend of dating has gone up among teenagers in middle schools (Cutbush et al., 2018). As good as it sounds the ground level reality is not so rosy (Cohen et al., 2018). Violence is a major issue in teen dating that can cause sexual victimization and mental...

Contracts of sale of goods A. The very sole objective for the Sale of Goods Act, 1908 is to keep track, monitor the monetary transaction which initiates the sale process regarding the commodity. It states that the one who sells the product has assurance regarding the quality. The assurance concerning the commodity in respect of what is being sold and laws concerning such. It brings out the policy, regulations, and duties which are imposed u...

Autonomous Marriages vs. Arranged MarriagesMarriages of diverse countries or ethnic groups have been observed separately as an illustration of society and family life with limited scope. Authors have noted that economic, cultural along with political factors have contributed to the development of marriages. According to Pande (2015), arranged marriage implies to the type of marital union where bride and groom have been selected by third party ...

Transporting an Inmate Without Restraints: Breach of Duty of CareIn order to prove that transporting the inmate Zane unrestrained was an act of negligence from the side of the correctional service it is important to establish the facts that: The inmate was dangerous in nature. The inmate has had history of violent crime in the past. He or she is considered to be a threat regarding injury and damage to property. The case clearly shows...

Case SummaryThe case is between the Owners Corporations and Lu Simon Builders Pty Ltd and others before the Civil Division of the Victorian Civil and Administrative Tribunal at Melbourne. The facts of the case imply the breach of contract on part of Lu Simon by acting in contravention of the warranties as per the provisions enshrined and envisaged in the Domestic Building Contracts Act of 1995.   The hearing before the Civil Divisi...

Liabilities and Rights conferred by Doctrine on Undisclosed PrincipalsThe undisclosed agency, whether an undisclosed principal can be legally bonded with a third party by an agent who had limited authority.  In common law, the term undisclosed principal denotes a person or corporation principal whose existence is only known by the agent, but not the third party who forms the agreement with the agent. The lack of the information about t...

Screens, Genders, Cultures: ExamplesCinema has always been a way of communication of expression to the mass population through the camera. It is often termed as a reflection of life on the screen. Therefore, taking the statement into consideration, it can be concluded that cinema has a significant impact on the operation of the society.  This paper is in support of the statement that cinema constitutes an arena for public debate. Cinema ...

Procedural history Procedural history This case had been brought before the Supreme Court of Northern territory by the applicant against the decision of the Law Society to not grant him right to practice as a local lawyer in the Supreme Court. The student had been prosecuted before the Court of Summary Jurisdiction in relation to the offence of not disclosing his income to Centrelink which would have reduced the amount of money which was to be ...

Principles of Undisclosed PrincipalUndisclosed agency, whether a third party who has formed a contract with an agent with limited authority would be able to sue the principle in undisclosed agency. The principles of undisclosed principal deals with situations where agents will be acting on the authority granted by principals, then the agent would execute transactions with the third parties on the expense of the principals, but the agent wil...

Effects of road congestion on economic efficiency and negative/positive externalitiesThis paper gives an over view of the economic and social issues associated with reducing the congestion in Brisbane city. It describes the effects of road congestion on the economic efficient of the market equilibrium.  It also explains both the negative and positive externalities involved in this congestion. The research paper also explains the policies ...

Liability of Promoters under Pre-incorporation ContractsThe key issue, in this case, is whether Steve can be held personally liable for the contract formed by him on behalf of the company? While managing their operations in Australia, companies are subject to a wide range of legal regulations which they have to comply with in order to avoid penalties. The Corporations Act 2001 (Cth) applies throughout Australia, and it provides provisions w...

Case Study: A Contract for the Purchase of JewelleryIn this report through a case study the contract law is going to be discussed. The concept of agency as par the contract law is going to be the focus of this case. The role of agency in case of making a contract with the third party is going to be discussed in this case. The liabilities and duties of the agent under the contract law have been evaluated. The rights and obligation of the third ...

Changes in the constitution of a companyIntroduction: Changes in the constitution; ability of the minor to keep a check on the changes and contractual powers of the company  Kody and Ryder completed their graduation from USC. They want to carry on business of exceptional handmade gifts and craft which they can sell online with the name Incredible Gifts Pty Ltd.   Now, there are series of transactions that took place which has resul...

Background of Perfection Sdn. Bhd.The Companies Act 2016 has been enacted in Malaysia which has replaced the previous act titled Companies Act 1965. The act has come into the force from 31st January 2017 along with Companies Regulations 2017. The objective of this act is to modernise corporate regulations, reduce the costs of compliances, facilitate economic growth, and remove corporate conflicts (EY, 2017). The act is targeted towards ...

Liability of John with respect to the goods sold to John's supermarket worth $45,0001.Issue Whether AFS Grocery Store has any rights to seek payment from John with respect to goods sold to John’s supermarket that was worth $45000. Rules  A person can enter into a contract with the help of his/her agent. In commercial transaction mostly, it does not remain possible for an owner of a business to get personally involved in every tra...

Duty of Care and the 'Reasonable Person' TestFocusing on the “reasonable person” test in tort law, critically examine the application of this test in the context of medicine. The principle related with duty of care has been provided by the court in Donohue v Stevenson (1932). In this case, it was held by the court that a general duty is present which requires that reasonable care should be used for avoiding any foreseeable injur...

Procurement Methods for Construction ProjectsThis report aims to discuss the positive and negative aspects of the three procurement methods for construction projects. The advantages and the disadvantages of the design-bid-build method is clearly discussed in this report. The advantages and the disadvantages of the design build method is stated in this report. The advantages and the disadvantages of the construction methods is clearly stated in...

Calculating Net Tax PayableIn the modern day of business the most practical perspective relating to the strategic partnership is that it turns out to be the association among the two companies through which they agree to work collectively in order to attain the strategic goals (Barkoczy 2014). This is regarded as one of the only main reasons for merging operations. Here for Herbert and Dorothy merging the business into the partnership would ...

Duty of Care and Liability in NegligenceIn the given scenario, due to the negligence of Sam, three aircraft suffered from losses. All these three crafts faced different situations and losses. Now the issue is to check whether Sam is liable towards all the three defendants or not? Moreover, if yes then what kind of liability? Tort is a very significant type of common Law. Under Tort law, a person owns a duty of care towards another person (e...

Traditional yardsticks of measuring success of civil construction projectsCivil construction projects are extremely complex and expensive. They are undertaken to develop the infrastructure of regions and play very important role in economic development. These construction projects are parts of the infrastructure development plan governments of different countries take and commence under the supervision of relevant ministry. The traditional yar...

Root causes of IslamophobiaThe above quoted of Jean-Jacques Rousseau during the time of the French Revolution in the 18th century speaks volumes about the nature of the present day world. One of the major issues that the greater section of the human population is facing at the current moment is the fact that they are being unable to lead their lives the way they want (Silva 370). It is significant to note that it is not only the social ...