Duty of CareDiscuss about the Contributory Negligence for Historical and Comparative System. A tort can be stated as a wrong done, which attracts civil liability. Negligence is considered as a tort law in Australia and it depicts that a wrong has been committed, which attracts civil liability. Negligence denotes a breach of duty of care, which individual one, owed to individual two, and causes loss or injury to the individual two. Once ...
The Difference Between Australian and European Culture in FashionQuestion:Discuss about the Australian Fashion Design and Cultural Identity. Fashion is shaped on the basis of national culture. However, based on the historical foundations, the Australian fashion is mainly shaped through the models from Britain, which have been evolved internationally. However, the modern Australia has a unique style of fashion, which is able to be clearly di...
Appointment of directors under Corporation Act, 2001 Discuss about the Duties of directors of a company. For any company to prosper it is imperative that there should remain at the helm of the affairs of such company a director who is able to manage things efficiently.Like the captain of a ship, the duty of a director is to ensure that the company does its job, but that it does its job well, both economically as well as socially, and to steer t...
SummaryWhat Is Materials and Equipment Handling, and Their Effect on Productivity in Construction? One of the key aspects of the construction industry is the productivity measure. The different players in the industry aim to generate profit while maintaining the required quality of work. The efficiency of the machines and the materials is able to enhance the productivity in the construction industry. Moreover, materials and equipment ar...
The European Convention of Human Rights: An OverviewDiscuss About The Medical Law Children And Mental Health? The Convention for the Protection of Human rights and Fundamental Freedoms has attained a new name and this is the European Convention of Human Rights, i.e., ECHR. This Convention is an international treaty which offers protection to the fundamental freedoms, as well as, human rights in Europe[1]. This Convention was drafted bac...
Introduction to the High Trees Case Discuss about the Central London Property Trust Ltd. The High Trees case, or the case of Central London Property Trust Ltd v High Trees House Ltd[1], is considered as a landmark case in the decisions taken under the English contract law. This particular case has not only reaffirmed, but also extended the doctrine of promissory estoppel in the England and Wales’ contract law. In this particular case, Den...
Analysis of the Case Study Question: Discuss About the Study Related Law of Commerce in Australia? This essay will analyze the case study related to the law of commerce in Australia. Law of commerce is the part of business law or also known as business law regulates commercial activities of the companies. There are various principles of the Australian commercial or business law includes consumer law, environmental law, competition law, and oth...
Background Question: Discuss about the Business Structure Accounting and Legal Issue. This report is asked by the supervisor of Turnaround and Insolvency Business Experts or TIBE which is a famous insolvency and restructuring firm to assess the insolvency status of its client Deluxe and Delicious Wine Pty Ltd or DDW. This company is involved in the business of wine with the service extended to the field of warehousing and distribution. P...
Restrain Clause: Validity and Applicability Question: Discuss about the Business Law for Computers Pty Ltd. Validity of the restrain clause that is imposed by Computers Pty Ltd on Chu? Whether the company established by Chu wife be considered as company framed by Chu. Can the veil of the company be pierced? Can Computers Pty Ltd sue Systems Pty Ltd for solicitation of its customers? The applicability of restrain clause and piercing of t...
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...
Legal Rules Surrounding the Issuance of Bonus SharesQuestions:1.Does the board of Waldmart have the power to issue bonus shares and can the Shareholders at the upcoming AGM legally Compel the Board not to Issue the Share?2.Can the shareholders stop the directors from Increasing and Paying the Proposed dividend because it is Commercially unwise to do so?3.If Shareholders vote against the Remuneration report and a Second Strike is achieved, what w...
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...