Business Law : Page - 18

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 ...

The Case of John's SupermarketThe law of agency covers situations where one party delegates the duties of the formation of a contract to another party. Any case regarding agency relationship constitutes three parties; (i) the first one is the principal who gives permission for the contract to be made on his/her behalf; (ii) the second party is the agent who receives authority to form contracts in the principal’s interests, and (iii) the ...

Pryor v Given: Misleading CustomersAn old tribe situated in the forest of South Africa has relied on traditional ways to handle the disputes between two tribe members relating to any violent act. Now the tribe has established a new constitution which will make the process of adjudication more formal by defining the roles and penalties imposed on the guilty parties. There are various rules established in the constitution in order to protect t...

Functions of taxation in AustraliaQuestion 1 All citizens are required to mandatorily pay tax if their income is more than the minimum threshold. The tax is collected by the government so that it is able to carry out its basic functions. The money collected through various forms of taxes provides the resources required by the government to be able to carry out their functions. It also ensures that the government is able to target income inequ...

Income details of Bruce LeeWith the changes in economic condition and ramified taxations policies, tax calculation in Australia has been changing time to time. Every individual needs to assess their tax amount on the basis of tax slab rate and taxation polices. In this report, computation of the tax of the individual has been done on the basis of shared information and considering the tax policies and rules. It deals with the practical scenari...

Elements of NegligenceWhether Cliff and Mary have the right to make a claim for negligence against Susan for the injury sustained by them in relation to their property The tort of negligence essentially has three elements which have to be attained for the purpose for establishing it before law. Negligence is the action by which a person injures another person unintentionally by failing to take reasonable care. There three primary factors to...

Legal analysis of exclusion clauseThe critical issue is to opine on the applicability of the exclusion clause and thereby highlight the legal rights available to Batty with regards to demanding compensation from Qualal Motors for the damages suffered. The critical aspect that requires analysis is the concept of exclusion clause and the applicability of the same. Exclusion clause may be defined as a term in the contract which serves to prot...

Application of the Doctrine of Precedent in AustraliaThe doctrine of precedent is a principle of the judicial system which has been introduced so that the judicial structure becomes more efficient, certain and consistent with respect to the application of law. The doctrine is a fundamental constraint on the way in which judicial decisions are made in Australia. The primary idea behind the doctrine is that when the judges are deciding a case ...

Competency and Capacity of the PartiesOne of the essential elements of a valid contract is the competency and capacity of the parties to enter into a contract. Among the factors like maturity of age and soundness of mind, parties are required not to be barred by law and pre-existing contracts to be capable of contracting. When a party is involved in a contract with a company for a particular work, the party cannot engage with another company f...

Assessment of net capital loss or net capital gainThe first requirement seeks to assess the net capital loss or net capital gain of the client based on the information provided about its various assets during the present financial year. In addition to this, the first requirement also addresses the consequence of income tax due to occurrence of transactions during the particular financial year. The client provides information about tax that a c...

Question 1Question 1: Partnership is the concept were two of more parties joins together to commence business or a specific activity. In this case the profits are shared equally by both the partners. Usually it depends upon the mutual understanding and written partnership deed to share the profits among the partners (Woellner, et al., 2018). In the absence of any information it is assumed that the profits are to be shared equally whether the ...

Background and PresentationThe rationale behind this assessment is present a measure of the suitability of the adoptive parents towards taking care of the adopted child as part of the requirements to be fulfilled by the adoption Agencies in Australia (Rotabi, 2016, pp.81-92). The assessment further seeks to examine the satisfaction of the relationship between the partners willing to adopt, which reflects the parenting capabilities of the spo...

Background and FactsWhether Karen can terminate the contract with Gym & Tonic, and if she is liable to pay the $100 fee. Section 18 of the Australian Consumer Law (Schedule 2 Competition and Consumer Act 2010 (Cth)) provides that “An individual must not, in trading activity or commerce, engage in conduct that is deceptive or misleading or has the potential of misleading or deceiving the other party into contracting.” The Trad...

Why is it necessary to maintain a fixed asset register and what does it enable you to do?Asset Register for a Photocopier Machine worth $ 23000, Transport and Council (2015.Pg 7) Asset Name: Photocopier Machine Asset Class: Office Fixed Asset Asset No: OF/PH/1-16/10 Description: Cream-White, Size SP 3510 SF, 28 ppm Physical Location: George Street, Melbourne VIC 3000, Adel Building RM 12 Serial No: 0000...

Residency and Tax Considerations10(1) and 10(2) of Section 6 it has been  stated  for an individual  resident in Australia his/her world wide income both ordinary and statutory income shall be  taxable in Australia while for a non-resident only the income earned in Australia shall be taxable. In terms of Section 6(1)(Anon., n.d.)of Australian Income Tax Assessment Act, 1936 the term resident and resident of Australia has...

Undisclosed Principal's Liability in Agency RelationshipsThe liabilities of the principal in the undisclosed agency. In particular, can the undisclosed principal be liable of actions of an agent who exceed the limit of the actual authority? The concept of undisclosed Principal operates in situations where the third party to who the agent is contracting with has neither the knowledge of the agency nor the knowledge of the principal’s i...

Responsibilities and Compensation of DagonThe issue in this case is a result from the event that Dagon who is a follower of Cthulhu Mythos was offered a position bythe congregation of the Cthulhu Mythos Pty Ltd which is a company that is responsible for the administration and spreading of the religion in the New South Wales area and offered Dagon the position of High Priest of Innsmouth on the first week of November 2017. A written contract ...

Understanding the Concept of EquityEquity is a misunderstood term and hence, often misinterpreted and wrongly applied by the Court of common law in terms of granting equitable remedy. As per Jurisprudence, Equity refers to the power to bring justice to an aggrieved by exercising discretionary power to settle the rigidity and harshness of the strict laws and rules. In a broader sense, Equity refers to the caliber to acclimatize the assistance t...

Factors Influencing Acquisition of SoftwareThe art of editing photos to design, shape, and size that suits the users' demands is a common feature of the current technology usage. This process is commonly referred to as Photo-Editing while in some cases it is known as graphic designing, and it affects the current lives to a large extent (Adjibolosoo 2014, p. 126).  Almost everybody today uses these skills even without attending classes t...