Business Law : Page - 22

Background of the CaseResearch on an Australian case (ideally not more than 10 years old since the decision by the Court) involving breach of company director’s/officer’s duties under the Corporations Act 2001. This paper discussed the facts of the case law Whitehouse v Carlton Hotel Pty Ltd (1987) 162 CLR 285, in which Court recognized the rule that, an act cannot be considered as the invalid act if third party involves in ...

Emerging Challenges in Construction IndustryDiscuss about the Conflict Translates Environmental and Social Risk. Water, sand, wood, and energy are some of the major natural resources used in the construction industry (Bringezu, 2015). With so much waste from construction projects and the increased number of construction works, how long will the natural resources last? What about the increasing population and the need for more housing ...

Who Is the Client of the Lawyers?Discuss about the ethical and practical challenges when in-house legal representatives are used by a company in relation to litigation The in-house legal representative segments account to almost 18% of the professions in the year 2018 and are the fastest growing segments as compared to others. An integral part of the legal eco-system is formed by in-house legal representatives. Further they are leading ...

Causes of Demographic ChangesDiscuss about the Sustainability issues in the world: changing demographics. The overall population of the world is currently at 7billion according to a report done in 2011. This population is estimated to continue growing although at a slow rate (Warren, 2008). The estimations are were done report that by the year 2050, the world will have a capacity of 9billion people (UN, Department of economic and soci...

Employer's right to manage the workplaceDiscuss About The Employment Law For Human Resource Practice. In the given scenario, the cashier of the company has been working for 25 years and was significantly concerned about the changes that were being implemented in the company. In her opinion, the training was stressful and difficult but she fumed after learning that she was not part of the training.  Although she has been assured b...

On-field Violence, Fighting, and InjuriesDiscuss about the On-field Violence Fighting Injuries. The prevention of Violence in the sports activities is a concept that has at present become inextricably associated with the sports events in near about each and every country. Violence in sports is referred to as physical assault which is intended at causing physical injury and pain to the other players (Felson, 2017). It involves the execu...

Definition of Agency and its TypesDiscuss about the Business Law for Legal Entity Operating Structure. The first issue that has been identified in the given scenario is whether Terence is entitled to claim the remuneration for the jewelry from Gaby. The law of agency is relevant and applicable in this given scenario. Agency can be defined as an agreement by which the principal confers authority of dealing with other third parties...

Overview of Business Structures in Australiaa.Need to explain various business structure. 1- sole trade 2-partnership 3-company 4-joint vanture 5-trust you have to explain the proper structure,advantage,disadvantage,tax liability and cases you have to choose one specific structure for the client. b.Disucss the Directo duties List+discuss Note the legislation. 1.Elizabeth McQueen, 982, Sussex Building, King’s Street, Sydne...

Donoghue v Stevenson Case and Its Ratio DecidendiDiscuss about the Business Laws and Legal Environment. In the case of Donoghue vs Stvenson, Ms Donoghue had visited Wellmeadow Café with a friend. Te parties had ordered pear and ice and Scotsman ice cream float which was a mixture of ginger beer and ice cream. The ginger beer had been ordered by Ms Donoghue. The café had poured the ginger beer from a brown and opaque bott...

Introduction to Commonwealth Bank Prepare a brief report about the Australian organisaiton’s Board of Directors advising the opportunities and risks involved for entering business in the scenario countries. Groups will be chosen by the Learning Facilitator. The bank is a leading financial institution and functions in the field of providing financial advices and helps to people who wish to open their accounts or wishes to get their project...

Legal Principles that Determine Duty of Care Owed by OccupierDiscuss Whether the defendant owed a duty of care towards the plaintiff. Whether the defendant owed a duty of care towards the plaintiff Occupiers Liability According to Civil Liability Act 2002 (NSW) (the Act), an occupier of private land owes a duty to exercise reasonable care to avert foreseeable risk of injury to any other persons on that land. Any person who suffers i...

Assumption of Risk and Negligent Act1.Will Paul be successful if he brings legal proceedings against Wayne? In your answer refer to relevant sections of the Civil Liability Act 2003 (Qld) and to any relevant case law. 2.Will Paul be successful if he brings legal proceedings against the Golf Club? In your answer refer to relevant sections of the Civil Liability Act 2003 (Qld) and to any relevant case law. 3.Advise Paul regarding damages. Wh...

Background of the Case Disucuss about the Case Study of Koowarta v Bjelke-Petersen [1982]. The High Court’s decisions in Koowarta v Bjelke-Petersen [1982] HCA 27 is among the landmark cases in Australia that represents a turning point in Australia’s legal and political history. Marked a shift on the political arena on complex issues such as race. The ruling marked a decisive jurisprudential turn, a consideration of a different engag...

Types of Misrepresentation1.Angela enters into negotiations with Jessica to purchase her restaurant. During their discussions, Angela asks Jessica what are the annual profits of the restaurant. Jessica tells her that ‘the restaurant has been making $10,000 per year in profits’. She hands her a box of papers and says ‘Here are the accounts, you can check for yourself if you like’.Angela trusts Jessica and only checks the...

Overview of R v Byrnes and HopwoodDiscuss about the Analyze The Case of R v Byrnes and Hopwood (1995) 183 CLR 501. In the case of R v Byrnes and Hopwood (1995) 183 CLR 501; (1995) 130 ALR 529, it was observed that both Brynes and Hopwood wee the sole directors of the company named Jeffcott Investment Ltd. it is worth mentioning, from such given case study that from the beginning the company Jeffcott Investment Ltd. has incurred huge deb...

Basis of Possible Liability in Tort of Negligence1. For those injured, explain the basis of possible liability in the tort of negligence that any manufacturer or distributor of the Thermomix appliance might have to those users. Leave aside the question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that apply in your State 2. What role d...

Case introductionDiscuss about the Case Study of Asden Developments Pvt Ltd v Dinoris. The liquidator is provided the power to manage the organization in a way which any officer or the directors of the company can do. They are also in a fiduciary relationship between the liquidator and the company whereby the liquidator is imposed with fiduciary duties. In addition as the liquidator becomes an officer of the company he would also be sub...

Research QuestionsDiscuss about the Sociology of Sports for On-field Violence, Fighting and Injuries. Sports is one of the leading types of entertainment activities that nearly every human beings loves indulging in during leisure time. In particular, people love sports due to the massive benefits that can be accrued through active participation. For instance, Khan, et al. (2014) accredits participation in sporting activities with em...

Case IntroductionDiscuss about the Case of Asden Developments Pty Ltd (in liq) v Dinoris (No 3) [2016] FCA 788. The case of Asden Developments Pty Ltd (in liq) v Dinoris (No 3) [2016] FCA 788 deals with the liquidator’s conduct and the breach of good faith obligations. The case discussed whether the director has breached his statutory duties under section 180 of the Corporations Act. In this proceeding, Asden claims that the ...

The facts of the case Discuss about the Case of Spartan Steel & Alloys Ltd v Martin [1972] 3 WLR 502. In general a person has no duty to take precautions towards ensuring that there is no financial loss caused to another person unless such loss has been caused by a physical injury or to a damage of the persons property as ruled through the case of Spartan Steel & Alloys Ltd v Martin [1972] 3 WLR 502. However there has been an exception ...

Summary of the Project’s Scope and Objectives Discuss about the Victorian Desalination and Wonthaggi Desalination Project. The Victorian Desalination Project supplies water to Melbourne, Geelong along with some other regional areas. It can supply high quality water whenever required. Also, it has a life up to 100 years which will help it in supplementing the water needs of the people in times of draught in the future (Aquasure, n.d.). In...

Background of Jubilee Mines NL v Riley Discuss about the Law of Jubilee Mines Nl V Riley [2009] Wasca 62. The Corporations Act, 2001 (Cth) is the most important legislation for any company in Australia. This legislation covers nearly all the aspects of the companies and sets out basic guidelines on how the companies are to be managed. One of key aspects given under the quoted legislation is the director duties. These duties have been set out un...

The History of Australian Labor Law1. In relation to modern awards and the current minimum wage, Australian labor law has not changed that much since Justice Higgins determined in the Sunshine Harvester decision that an unskilled worker deserved a living wage of 42 shillings per week. Do you agree or disagree with this statement? Why or why not? 2. The seminal High Court case of Commonwealth Bank of Australia v Barker [2014] HCA 32 settled th...

FactsDiscuss about the Investments Commission V Padbury Mining Limited. As per the facts, Padbury Mining Limited (Padbury) (1st Defendant) is a public company who shares are normally listed at the Australian Stock Exchange. The 1st defendant aims at constructing and developing a deep water port at Oakajee and along with it an associated railway network. On 8th April 2014, there were several contracts that were made by the 1st Defendant w...

Breach of duty of careDiscuss About The Suffered Damage Product Of The Manufacturer. The duty of the manufacturer etc. is towards every neighbor who had suffered damage from the product of the manufacturer. A neighbor means any person who is in proximity with the manufacturer or seller who might get damaged by the act of the manufacturer etc. A neighbor can be any person who is likely to suffer loss by the act of the manufacturer and ...