Business Law : Page - 29

Challenges Faced by Mining CompaniesQuestions:1.What are the Significant Business and Audit Risks for Mining Companies? You need to Explain at least five risks.2.What are the Specific reporting requirements (Standards and/laws or Regulations) for Mining Companies.3.Referring to the Financial Statements Data for 2016 and 2015 from the Annual Report, Analyse the year-to-year Changes in the Account Balances for at least Five financial Statement lin...

The Given Issue and BackgroundQuestion:Discus about the Garb of a Company Chu and Computers Pty Ltd.The given issue here refers to the question of the liability of an individual taken in the garb of a company, or in short, the issue here refers to the piercing of the corporate veil of a company. As per the given facts of the problem, Chu retires from Computers Pty Ltd and enters into an agreement with them not to compete against Computers Pty Lt...

Corporation Act, 2001: Duties of DirectorsQuestion:Discuss about the Corporation Law Australian Investors Forum Pty Ltd.Corporation Act, 2001, regulates some laws regarding business entity and prescribes duties for the directors of an Australian company (Tills and Wills 2016). The director of a company plays a very important role in case of the company’s management and its constitution. Directors are responsible for a company’s daily...

Background of the Case Discuss about the Australian case Modbury Triangle Shopping Centre Pty Ltd v Anzil. This case was heard by the High Court of Australia. In this case, the respondent was successful during the trial. Similarly, the responder proved to be successful when the Full Court of Supreme Court of South Australia heard the appeal. Under these circumstances, Modbury Triangle Shopping Center made an appeal to the High Court of Australi...

Employment and Health FactorsQuestion:How Do Determinants Of Health Factors On Aboriginal And Torres Strait Island People? Improving the health status of Australians has always been a challenge especially for the indigenous Australian people. This is because of the wide gaps that exist in regard to the health status of indigenous as well as non-indigenous Australians. Social determinants theory proposes that both inequality plus population heal...

Separate Legal Entity PrincipleQuestion:Whether Chu has violated the restrain clause that is imposed upon him by Computers Pty Ltd (COMPUTERS)?In Australia, whenever any business needs to be established, then, one of the significant ways is its incorporation which results in the formation of a company. Once a company is formed then it owns a feature of separate legal entity, which symbolizes, that the company is distinct from its members and any...

Methodology - Taking Photographs from Pate’s Grammar SchoolQuestion:Discuss about the Effects of Victimization and Violence.LGBT or the lesbian, gay, bisexual and transgender community has turned out to be an accepted designation for those minorities, which are based on gender as well as sexual orientation. It is unfortunate to note that almost each of the subgroup of the LGBT community is subjected to varied gender related prejudices, whi...

UN’s 2030 Agenda for Sustainable DevelopmentQuestion:Discuss about the Realisation of Human Rights For All. UN’s 20130 Agenda has been to attain human rights for all the people around the world. The suggested approach was to have a shared responsibility sustainable development process that would see the formation of intergovernmental agreements. This would later guide the global development efforts over the next fifteen years si...

Case DiscussionQuestion:Discuss about the Foundation of Law for Relationship Matters and Feminist. The foundation of law discussed both the emergence and importance of the rule of law. Basically, the rule of law is currently heard in all aspects of life. It covers the economic aspect, socio-political aspect, human development and currently has also covered the technology aspect in whole. This paper would be a discussion of a case in co...

Background and OverviewQuestion:Discuss about the Company Law ASIC v Plymin Elliott & Harrison.The case of ASIC v Plymin, Elliott & Harrison [2003] VSC 123 is considered as amongst the leading cases in the matter of breach of directors’ duties as a result of undertaking insolvent trading (Allens, 2017a). Such cases act as a guide to the corporations and the directors, along with officers of the company, to not indulge in such activ...

Elements of Tort of Negligence Question: Discuss about the Commercial Law Assessment for Battery and Nuisance. Can the manufacturer and distributor of Samsung Galaxy Note 7, be held liable as per the tort of negligence, towards the Australian consumers? A tort depicts that something has been done wrong, which attracts civil liability, instead of a criminal liability. Under the common law of tort, are different liabilities, arising ...

Elements of an Enforceable ContractQuestion:Discuss about the Overview of the Law of Contract. One or two parties may decide to come together to create an agreement. And for that reason, the law of contract comes in to enforce their agreement to make sure that none of the parties frustrates the other after that. However, in order for the law to enforce a particular agreement, it must look whether the agreement has all the elements or not. I...

Determining Tax Residency in AustraliaQuestion:Discuss about the Land Transactions and Investment Regime.The kit was born in Chile and still has his Chilean citizenship. However, Kit is also a permanent resident of Australia. He spends a major part of the year working off the Indonesian coast on an oil rig for an American firm. He was hired by this company in Australia only, and the employment agreement was signed there too. Kit’s family i...

Essential Elements of a Valid Contract Questions: 1.Can an offer in a unilateral contract be revoked if the party has already begun the performance? 2.Whether the terms of the offer certain? Mobil introduced a scheme known as the Circle of Excellence Scheme in order to improve the performance of the franchise. He said that the franchise must achieve 90% improvement in performance for six years to obtain a free nine-year renewal of the franchi...

Origins of Prerogative PowersQuestion:Discuss the Origins of Prerogative Powers, the Role of the Courts and Parliament in Reconciling the Differences and the Developments Surrounding National Security.British constitution is unwritten and tends to derive power from various sources including established conventions. One of the significant sources in this context are the prerogative powers.  While their origin is quite old and stems from past...

Treaties, Conventions, and Agreements Affecting Multinational CompaniesQuestion:What Are the Regulatory Framework/S Affecting the Multinational Company? What Are The Treaties, Conventions Or Agreements That Have Impacted On The Products Or Services That Multinational Company Provides In Australia?Suncorp Group Limited is a Australian conglomerate with interests in insurance, finance and banking. It also operates in other countries around th...

Overview of the Corporations Act 2001 (Cth) and duties of officers and directorsQuestion:Discuss about the Business & Corporations Law Vines v ASIC.The officers and directors in the companies across the globe have been provided the duty through the legislations to work in the best interest of the company, along with a number of other duties. In the same manner, in Australia, the Corporations Act 2001 (Cth) enforces various duties on the dire...

Definition of Murder and Manslaughter under Section 18Question:Write about the Criminal Law for R v Keli Lane. Section 18 of the New South Wales Consolidated Acts, defines Murder and manslaughter. Being charged with murder is considered very upsetting experience. However, it is of benefit for us to know what law has to say to this when you defend yourself in the court. Section 18 of the crimes Act states that a person can be said to ha...

What is Negligence?Question:What this Case Teaches About the Issues Considered?In the case of Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36 (8 October 2014), a claim of negligence owing to pure economic loss was pursued by Owners Corporation against Brookfield Multiplex Ltd. Through this case, a much awaited decision of the High Court relating to whether or not a duty of care was owed to the subsequent owner by th...

The Law of AgencyQuestion:Discuss about the Business Law Study ?Legal opinions are very important as they set the stage for a vigorous legal battle. It explores different options an aggrieved party can follow to receive redress on any question of law. The format of writing legal opinions varies from case to case. In this paper however, the opinion has been discussed using the ILAC format. The issues in this scenario is whether Brad acted beyond...

The Importance of Legal Agreements in Business EnvironmentsQuestion:Discuss about the Business and Corporation Law for Issues. The business and corporation law is critical because it determines the positions of various parties to a contract. In any business environment, it is necessary to develop legal agreements where the court can determine the remedies when an individual violates the laws. A contract is an agreement between differen...

Reasons for Building RenovationQuestion:Discuss about the Building Construction Laws.The building industry is a complex activity, which involves different activities. The renovation of the buildings is in most cases do happen and may result due to different reasons. Some of the major activities which result to the renovation is due to the change are use of buildings. In this case, the building may be changes from a particular initial use to anot...

What is a FixtureQuestion:Discuss about the  Australian Property Law Determination of Fixtures and Chattels.A fixture can be defined as something or an attached object to the land rendering it to be considered part of land. Alternatively, a fixture therefore can be said to be anything previously considered a chattel and has since become land by operation of the law[1]. Therefore, the title to land passes along with fixtures once sold (Luthe...

What is a class action and its relevance for engineers1.What is a class action  and what relevance do class actions have in engineers planning to avoid claims and Identify the person or groups of people referred to in the case le that could have a claim damages at law against? 2.What is the basis of attributing any liability for the damage arising from the fire? 3.In the case where there is a legal liability what are the limits imposed ...

Doctrine of Separate Legal EntityDiscuss about the Electric Light and Power Supply Corporation Limited. The legal notion and definition of a company has undergo tremendous change with time as modifications have been made to both legislative and judicial definition of a company. In the judicial interpretation of a company and the following statutes, one case that manages to stand out is the Saloman v Saloman & Co Ltd 1897 AC 22 (hl)....