Business Law : Page - 23

Application Discuss About The Freeman Lockyer V Buckhurst Park Properties. A statement has been made by the court in the case of Hely-Hutchinson v Brayhead Ltd [1967] 1 QB 549 that the principal has to bind with the action of the agent where there is an Apparent Authority or Actual Authority. The term implied authority is the individual’s authority to make a contract that is legally bound on behalf of the organization by interacting with...

Asden Developments Pty Ltd(in liq) v DinosDiscuss about the Asden Developments Pty Ltd (in liq) v Dinoris (No 3) [2016] FCA 788. In every corporation, there are some individual bodies who act on behalf of the company and they are known as officers of the company. But such officers need not be a director or employee of the company every time. From every officer of the corporation it is expected that they shall perform their duties unde...

Facts of the Case Discuss about the Annetts v Australian Stations Pty Ltd (2000). In the present case, two matters were decided together. The common elements in case of both these cases were that they were related with the thought of negligence and the damage caused to the plaintiff was the psychiatry injury. That was not related with any other type of damage to the person or goods caused by the purportedly tortuous conduct. Therefore in this c...

Identify issueDiscuss about the Court That The Prima Facie Position Of  Plaintiff. The applicability of res ipsa loquitur rule in the situation between Panca (Palintiff) and Diamond (agent) and Emma (Principal) is at issue in the given scenario so that it can be identified whether the onus of proof should be on the defendant or the plaintiff. In rare circumstance it is identified by the court that the prima facie position of the p...

The Legal Principles of Negligence Law Discuss About The Consumer Protection And Auction Platforms. Under negligence law, a person is obligated to exercise duty of care towards another person and is responsible for undertaking reasonable measures to avoid the risks that are likely to arise from any act or omission of the person and result in nursing injury to the aggrieved person. The injury caused to the aggrieved party must be reasonably fore...

Online transaction and ACLDsicuss about the Consumer Guarantees That Apply Automatically. Australian consumer law (ACL) is an integral legislation for safeguarding the rights of the consumers. It is specified in Schedule 2 of Competition and Consumer Act 2010. It mainly focuses on deceptive or misleading conduct, unfair practices, unconscionable conduct, product safety and information, conditions and warranties, country of origin represen...

Promissory Estoppel Discuss About The Law Of Contract For Civil Lawyer Bloomsbury. The concept of promissory estoppel is defined as an equitable doctrine that prevents a person from refuting a promise that the person had made earlier.  This concept had been further reaffirmed by the court in the landmark case of Tool Metal Manufacturing v Tungsten [1955] 1 WLR 761. In order to make successful claims under the concept of promissory estoppel...

Background of the caseDiscuss About The Deadlock Because Resulting Class Of Shares. A personal relationship (de facto married relationship) exists amid the respondent (Mrs Wallington ) and the second appellant (Mr Nikola Kokotovich). The respondent used to work for the 2nd respondent for more than 20 years. During this period the appellant also helped the 2nd respondent in his form business, like, she wrote up books, prepare quotation...

Separate legal personality of corporates Write an essay in which you consider and compare the New Zealand common law approach to piercing the corporate veil with the approach to abuse of corporate personality of one overseas jurisdiction. In general, corporates are the separate legal entity in the eyes of law. As law treats corporates as a separate entity, directors, officers and members cannot be assume as corporation. They have their differen...

Overview of Pharmaceutical Regulation in Australia Discuss about the Regulation of Pharmaceuticals and Other Drugs. Governments in the world are arising to enact and enforce regulation to the pharmaceutical industries. It is also a necessity for Australian to have the same strong regulations of pharmaceutical products. The Therapeutic Goods Act 1989 (Cth) establishes both the Australian Register of Therapeutic Goods (ARTG) and the Therapeutic G...

Autonomy and Not for Resuscitation OrderAnalyse legal and ethical issues relating to Not for Resuscitation by evaluating a case study. Medical professionals take an oath that they did not harm any people or breach the sanctity of human life by purposely killing a person. They are expected to do whether in their power to ensure they save the life of a patient. The ethical codes of medical field deal with common elements which include hon...

Charter of Human Rights and Responsibilities Act 2006 (Vic)Disucss about the Charter Of Human Rights And Responsibilities Act. Date: 12.05.2018 To: Elizabeth Rossi From: Name of Student Advice based on the prescriptions of Charter of Human Rights and Responsibilities Act 2006 (Vic) The Youth Parole Board was not in breach of its obligations under the Charter of Human Rights and Responsibilities Act 2006 (Vic) in cancelling Jamie&rsq...

Measures taken by New Zealand to Combat Spamming Discuss about the Introduction Of Unsolicited Electronic Message. Spam is an “unsolicited bulk email”[1] sent through the process of spamming, these messages are sent to consumers or producers without their consent through the internet and they fills up the inbox of a user with unwanted, illegal, offensive and deceptive messages. “Spamming has been on the rise in New Zealand and...

What is Common Law? Discuss about the Common Law for Structure and Principles. Common law is the important part of the English law which is mainly derived from the custom and judicial precedent instead of the other statutes. It is the body of law which is established though different judgments from the higher court instead of the statutes or written legislation. The principles which guide the system of the common law is that, the like cases mus...

Introduction and background Discuss About The Diamond Aloff For Professional Negligence. In exceptional cases that they find that the facts of a situation are so overwhelming towards the plaintiff that it may impose the burden of proof to show that there was no negligence on the part of the defendant. The legal term which has been provided to this doctrine is res ipsa loquitur. The Doctrine is applicable in the situation where the reason for t...

Case 1: The Purchase of a Motorbike by Motorbikes Pty Ltd1.Michelle and Tim are passionate about motorbikes.  In fact, they own a company called Motorbikes Pty Ltd.  Michelle is a Director and Tim is the company secretary.  They buy and sell motorbikes and repair them. John wishes to sell his motorbike.  John approaches Tim and Tim agrees to purchase John’s motorbike for $5,000.  Tim and Michelle both sign the c...

Validity of Oral Assurance as Part of Contractual TermsDiscuss about the Principles of Commercial Law for Carbolic Smoke Ball Co. The issue is regarding the oral assurance which was given by Kalpana and whether it is a part of the contractual terms? Once two or more parties enter into a contract, they are bound by its terms and the parties can enforce each other legally to perform the actions as specified in terms of the contract....

Offer and acceptance as essential elements1.Is the oral assurance, given by Kalpana to Rafia, a term of the contract or not? 2.If the oral assurance can be regarded as a term, is a court likely to regard it a condition or warranty? 3.What remedies are open to USC given the facts? Is the oral assurance of Kalpana is treated as a term of the contract? A contract is referred to a written or spoken agreement which is based on speci...

Director's duty to prevent Insolvent Trading Discuss about the Australian Securities and Investments Commission. The brief facts of this case are that a director was disqualified by the court for 10 years after the court discovered that there had been a breach of section 588G by such director on many occasions. It was stated by Barrett J that it is possible for a party to fail to act honestly without any subjective intention of deceiving the ot...

The concept and tradition of Hijab/Headscarf/Veil among Muslim womenDiscuss about the Gender Studies for Quran and Hadith Mandate. Hijab/Headscarf/Veil refers to the traditional is a traditional dress code among Muslim women, which is used to cover the head and face of the women. Traditionally, this is to be worn by the women especially if there is any male outside of their immediate family is present. The term ‘hijab’ i...

Historical Background of UDHRHow Universal Declaration of Human Rights has become a shield to protect the basic human rights worldwide and its role behind maintaining the world peace in contemporary times.  The purpose of this report is to critically analyze the significance of Universal Declaration of Human Rights to ensure the protection of the human rights for the sustenance of global peace. In this report, the historical reason...

Intention to be Legally Bound in a Contract Discuss about the Business Law for Domestic Agreement. The issue that has been found in this case is that Charlie and Ali were not legally bound. Charlie and Ali were not legally bound because it was identified that they both were brother and sister. However, they both are domestically related to each other but it has also been identified that they had a formal contractual agreement between them. In ...

Formation of contracts Discuss about the Contract Law Between Gaby and Sara. The following are the issues that consist in this question. Firstly, a valid contract was formed between Gaby and Sara. Secondly, whether Terrence was liable to pay for the price of the gold that was ordered by Peter. Thirdly, Terence have to pay for the diamonds that Peter had ordered after his period of termination. As per the Agency Law, it can be observed and stat...

Background Discuss about the Case Study of Modbury Triangle Shopping Centre v Anzil. On the facts here, the appellant owned a shopping centre named Modbury Triangle Shopping Centre in Adelaide. The respondent, Mr. Anzil, an employee of the Focus Video Pty ltd had leased premises within the shopping centre that was used as a video shop. There was a huge car parking area facing the video shop. During night, the car park remains dark until the app...

Principal-Agent RelationshipDiscuss about the Business Law Authority or Express Authority. The issue in this case that whether there was an authority on the part of Sara and Peter to deal with Gabby and Mary respectively on the behalf of Terrence. And if so, is Terrence liable to pay Gordon the demanding amount. According to the law of agency, there is an agreement between an individual who entrusts his rights or authority to another...