Business Law : Page - 21

Tort of Negligence and Product Liability 1.Tort of Negligence is defined as the legal action which is taken by the innocent parties against the party who owns duty of care towards that innocent party. It must be noted that, this cause of action can only be taken when other party in under obligation to take reasonable care and fails to take reasonable care because of which innocent party face damages and injury. Three essential factors are s...

Payment from Autobiography The key issue is to outline if the payments that Hilary (a famous mountaineer) can be termed as receipts derived from personal exertion or not considering s.6(5) ITAA 1997 along with relevant case law The given facts clearly highlight that the newspaper approaches Hilary and offers $ 10,000 to write her autobiography despite knowing that she has not written anything in the past. Considering the hefty amount, it...

History of CensorshipDiscuss About The Cultural Orientation In Ad Humor Journal. Censorship is the overpowering of speech or removal of some communicative material that are thought to be harmful, objectionable, inconvenient or sensitive to the media organizations or the government by a censor. Censorship is mostly present in the entertainment industry. Sports and entertainment usually affect the common interest of the public, and ther...

Issues 11. Is a valid legal contract is constructed between Gabby and Terence even when Gabby enter into a contract with Sara? 2. Is there a contract between Terence and Mary? 3. Is there a contract between Gordon and Terence? 4. Is Roger personally liable to pay $200,000? 5. Is Roger likely to succeed in changing the decision of the department for rejection of the licence application of Explosive Industries Pty Ltd? Is a valid lega...

Arguments For and Against Implementation What Is The Benefits Of Environmental Management System? You have been tasked by the board to investigate the feasibility of the company introducing Quality and Environmental Management Systems into the working procedures and achieving ISO 9001:2015 and ISO 14001:2015 certification. Your answer must include arguments for and against this change to the operation of the company. You must then decide wheth...

Issue1. Whether Alexia can sue the council for the losses that are sustained by her? 2. Can Government bring an action for anticipatory breach for non-completion of work within 12 months? Whether Alexia can sue the council for the losses that are sustained by her? The law of Tort (Negligence) is applicable in the given situation. When any wrongful act/omission is carried out by the defendant which results in any civil action agains...

The Course of the Case Chloe is a naturopath practitioner whose business is steadily picking up. Recently she has been thinking of opening a meditation studio in the leafy suburb of Burnside. She found a perfect place but before signing the 2 year lease with the landlord, she went to the Burnside Council to check if there were any building works scheduled to happen close to her intended premises as she needed a quiet environment for her meditati...

Case introductionDiscuss about the ASIC vs Mariner corporation limited [2015]. The decision given in Australian Securities and Investments Commission v Mariner Corporation Limited [2015] FCA 589 was based on the applicability of different sections covered under the Corporations Act, 2001 (Cth). The first matter which was dealt with in this case was the prohibition put through the act through section 621(2) on the bluffing bids (Jad...

Two strengths and one weakness of a legal writerDiscuss about the two strengths and one weakness of a legal writer. The concept of legal writing usually refers to the analysis if patterns and presentation of the arguments discussed in the legal briefs and memos. Therefore, as a legal writer one must have the capability of putting the effort while drafting a good legal memo. There are various strengths incorporated within a legal writer....

Problem StatementDiscuss about the Impacts of violence on the aboriginal women. The aboriginal women suffer a lot in the society these women are victims of domestic violence, racism, and sexism. This woman suffers a lot than the native men. They undergo a lot of problems that the legislation should change it and assist them for justices. Several ways of violence are spousal abuse which should be acted upon since it is a crime that is ca...

Project Resource PlanningDiscuss About The Construction And Architectural Management. Project resource planning offers a variety of scheduling tools which comprises an easy-to-use worktable for developing as well as modification of plan online. Therefore, it is important to optimize a project’s capacities with a date synchronization, sophisticated simulation, as well as impact analysis aspects which will guarantee on-time and on...

AimDiscuss about the Construction Management Plan for Demolition and Excavation. A construction management plan is a documentation that details the manner in which a project team is expected to implement the construction project as well as the manner in which this team is able to carry out the tasks and responsibilities of managing the construction site. It assists professionals in the construction industry to sufficiently estimate ...

DiscussionDiscuss about the Law for Proprietary Estoppel and Property Rights.   Contract is an agreement binding by law. There are certain elements of contract necessary for its valid application. According to the common legal rule, in every contract, there must be certain offers and free acceptance to the offer. When an offer has been accepted, a contract has been incorporated. Further, there are certain other essentials in the ...

Reasons for the establishment of madcap caféDiscuss about the Madcap Café As a Social Enterprise. Sometimes profit organizations are well aligned but can they work to provide specific social objectives? The particular social goals should have a social intention that serves its primary purpose. Most of the profit companies are indulged in revenue-generating activities that they fail to engage in any social and ethical actions...

Ethical issues1. Discuss about the AMP could face criminal charges for misleading ASIC, banking royal commission told. 2. Discuss about the Fair Work Ombudsman report on Caltex is a shocker. In the article, AMP could face criminal charges for misleading ASIC, banking royal commission told, the business ethics issues faced by the company in terms of breach of corporate regulations is brought to light. The AMP is one of the largest fin...

DiscussionDiscuss about the Computer Forensics.  Computer forensics is one of the branches of digital forensic science that relate to the several evidences that are found within computers and the digital based stored media. It could also be defined as the several practices of the collection, analysing and the reporting of the digital data within a legally admissible process (Maras, 2015). The practice of computer forensics could ...

The role of Neo-Liberalism in developing countriesDiscuss about the Bhopal Disaster and the Global Impact . The role of globalisation and the neo-liberal policies has left great impact on the social and economic condition of the developing countries. The basic principle of Neo-liberalism can be identified as the less monitoring and control of the government in the business orientation of the private organisation and makes reforms of the...

Issue 1Discuss about the Australian Securities And Investments Commission. The first issue which has been identified in the given situation is in relation to breach of directors duty by Bruce (section 180-184 and 191 of the Corporation Act 2001 (Cth)(the Act)) The second issue which has been identified in the given situation is the breach of insolvent trading provisions by the Ninja Pty Ltd (Section 588G of the Act) The third issue ...

Issue 1.Richard has an extensive olive grove in the Hunter Valley region of NSW. He has around 12,000 trees established and has recently purchased his neighbour’s adjoining property with a view to expansion. His business is flourishing and his two sons, David and Liam, have recently moved from Sydney to help him expand the business. They see opportunities opening up in new markets and would like to become further involved in the business....

The Popularity of ZoukOut Dance Festival at Siloso BeachDiscuss About The Sustainable Event Management Practical Guide. Siloso Beach, Sentosa is considered as a sunny haven whereby excitement and thrill takes a precedence and superiority over boredom. This beach has been regarded as a hub for the coolest and most enjoyable bars, restaurants and eateries. The location has been catering to varied zones and regions (Zoukout 2017 - Asias La...

Duty to Maximize Profits for Shareholders and StakeholdersDiscuss about the Implications to Expanding the Corporate Mind-set of Profitability. Corporate officers and directors have a duty to manage the corporation for maximizing profits for the benefit of the shareholders and stakeholders. As per the Corporations Act, 2001, Corporations do not maximize profits. The corporate directors are said to have a legal duty to maximize the corporat...

Margie and Tom’s right to graze ponies Discuss about the Law Commission Making Land Work Easements. The issues in question are whether Margie and Tom as third parties, have rights over the field in question and if so how they would protect their right in the event that the property is sold. The third party right in question is referred to as profits a prendre; this is a right which allows a third party to take ‘profit’ from an...

Shared goals of the community development plan Discuss about the Social Entrepreneurs and Community Development. Nightcliff is just 10 kilometers from where I live – Darwin, Australia. The following is a community development plan for Nightcliff area to address youth crime. Maslow put wellbeing and security as optional just to physiological needs in his chain of command of requirements (hierarchy of needs) that must be fulfil...

The Theory of Planned Behaviour and its link with consumer behaviour1.Marketers commonly use the theory of planned behaviour to predict consumer behaviour. Do you agree with the underlying principles of these theories? Explain and provide support for your response. 2.Develope strategic recommendations based on consumer behaviour theories. In the 21st century, marketing has surpassed its barrier and incorporates scientific approaches ...

Issue: Hilary's income from Daily Terror newspaper, manuscript sales and sale of sport snapsDiscuss about the Riches V Westminster Bank Ltd. Issue : Hilary is a well renouned and a popularly known lady from the sports background who  had gained immense popularity. She was a peak climber and was very musch professional in her sport. This professionalism and popularity drove her to earn money from different soucrces and from her sp...