Business Law : Page - 35

Australian Residency Status for Taxation Purpose Discuss about the Case Studies on Taxation. A person who visits Australia for more than six months and resides in the same place for most of the time is considered as an Australian resident for taxation purpose. The behavior of a person also determines the residency status. If a person’s routine behavior is same to the behavior that the person had before entering Australia, than the person ...

Franchising Options and ObligationsDescribe about the Report for Business Law and Due Diligence of Muffin Break. Muffin Break arrived in Australia 25 years back in 1989 in Coolangatta. Since then Muffin Bread’s famous award signing coffee and baked bread are now available across Australia, New Zealand, India and UK (Muffin Break, 2016). It is the first systematic franchise company to initiate baked products which are freshly made on...

Case Study 1: Residence and SourceCase study 1: Residence and source Fred, an executive of a British corporation specializing in management consultancy,comes to Australia to set up a branch of his company. Although the length of his stayis not certain, he leases a residence in Melbourne for 12 months. His wife accompanies him on the trip but his teenage sons, having just commenced college, stay in London. Fred rents out the family home. Apa...

IssueDescribe about the Australian Taxation Law for Money Lending. The main issue in regards to this case is to opine on the nature of the payments derived by Hilary with particular reference from income from personal exertion. The summary of the relevant facts is presented below. A payment of $ 10,000 was received from the newspaper (“The Daily Terror”) and this was made in lieu of the rights, title and copyright of the stor...

The CaseDiscuss about the Road and Traffic Authority Vs Dederer for Planfiff Side. In August 2007, the High court of Australia gave the hearing in favour of the RTA stating that a duty of care imposes a responsibility to exercise care and not the duty of RTA to prevent any dangerous conduct by the people. This article will throw light on the different argument posed by the defendant as well as the RTA and the Council. It will focu...

Issue 1: Taxation Treatment of Hilary's Book Rights and Manuscript/PhotographsDiscuss about the Essay for Australian Taxation Law of Computation of Tax. The given case pertains to Hilary who is a famous mountain climber. Due to her fame, a local newspaper offers her $ 10,000 for writing her story in the form of a book.  Hilary gives acceptance to this offer and thereby completes the book despite having no experience in this regard. T...

Enforceable Agreements and Valid Offer, Consideration, and AcceptanceDescribe about the Business and Corporations Law for Modern and Contract. 1. The aim is to find the presence of considerations for given situations and conclude that whether Jack has an enforceable agreement which is legally binding on Jane. (a) In this scenario, Jane is the offeror and Jack is the offeree. Jane is going overseas, hence she has offered her car to Jack, ...

Definition of a Tax Resident in AustraliaDefine the Tax Law for the Residents and Foreign Residents in Australia. Fred, in the given situation will not be taxed in a manner same as the manner in which a resident would be taxed. Individuals in Australia are to be considered as resident for purposes of tax if they are residents of Australia under common law (ordinary meaning test or the common law); or if the domicile is that of Australia, ...

Essential Elements of a Valid ContractDescribe about the Business Law for Gratuitous Consideration. Jane had gone abroad and he gave his care to Jack as a gift. Jack immediately agreed to the offer made to him. Jane was the offeror and Jack was the offeree. The car that was offered by Jane to Jack was of 25000 dollars. The problem that shall be discussed in answer 1 (a) relates to an enforceable contract between them. To bring into life ...

Arguments as a DefendantDiscuss about the Koehler v Cerebos (Aust) Ltd. In an employment contract, certain terms are fixed between the employer and an employee (Freedland, 2016). But even beyond these terms, there are certain duties of both the employer and employee towards each other. One of such duties of an employer is the duty of care. An employer’s duty of care towards their staff contains that they have to take required s...

Loyalty New Zealand programDiscuss about the New Brand Option for One Fly Buy. In the year 1996, the Bank of New Zealand in corporation with a number of businesses, that included different retailers and companies started a program that was meant to help their customers in getting  relevant information that could facilitate their shopping. The program was also meant to help customers win rewards on daily basis by shopping using f...

Tests for Australian residency for tax purposesDiscuss about the Taxation Ruling for Australian Residency. To take into consideration the given case facts and opine if Fred should get Australian residency for tax purposes in the given year. Rule For determining the ta residency of individuals in Australia, four tests have been recommended in the tax ruling TR 98/17. Satisfying any one of these in the given tax year would result in the u...

Question: Discuss about the Business and Corporations Law for Woordside Energy Ltd.     Answer: Introduction: Consider the following situations and indicate whether consideration is present and whether Jack has an enforceable agreement: In the present situation, Jane is the promisor and Jack is the promisee. Jane has offered the car to Jack, to which Jack has also agreed. Even when the elements of valid contract i.e. offer and ...

Question: Define the Law of Contract for Westphalia Marts Pty Ltd.   Answer: 1:  on the basis of the facts that have been given for this question, the question arises if the advertisement that has been issued by Mojo Beverage can be enforced by the law and if the promise that was made by Mojo in the advertisement to give $100,000 to the person who catches Lord Harry, a fish tagged and released in the lake, can be enforced by Ben. ...

Question: Discuss about the Global Law.   Answer: Introduction: It has been assessed that many refugees have been entered in Australia illegally, but the Australian government has not been responding to their immigration policies. According to the 1951 Refugee Convention, the refugees should not be forced to other nations, where they have faced serious threats and problems. Therefore, it has become an international law for all co...

Question: Discuss about the Torts Tl10005 Principles of Torts Law.   Answer: Introduction: The issue in this case is related with the injuries suffered by Mandy when a bottle of orange juice exploded in her face and she lost an eye. Therefore it needs to be decided if Tamara Natural Juice Limited (TNJL) or Ms. Hooper can be held liable for these injuries. The explosion in the bottle of orange juice took place due to the yeast bac...

Question: Discuss about the Theories of Contract Law.     Answer: Introduction: To answer questions related to breach of contract, it is important to know whether the requisite elements for contract formation have been fulfilled or not. To make a contract enforceable by law, it is important that the following essentials be fulfilled those are offer, acceptance, legal consent, capacity, consideration and legal obligation (McKendr...

Question: Discuss about the Treitel on the Law of Contract.     Answer: Introduction: The issue in this case is if Jack has an enforceable agreement when Jane made a promise to give her sports car to Jack. The issue in this case deals with the need for consideration to support a promise made in an agreement. In contract law, consideration has been described as the exchange of something that has some value with the other. In a co...

Question: Discuss about the Microsoft for Multinational Corporation.     Answer: Introduction Microsoft Corporation is an American multinational company operating in Australia and other countries across the world. The headquarters of Microsoft is situated in Redmond, Washington, that offers computer programming, license, producing and also creating these programs. Edge web programs, internet Explorer, Microsoft office suit and t...

Question: Discuss about the Property Law and Common Law.     Answer: Introduction: There has been under common law a denial traditional and a resistance towards the subject of prospect or view as a right related to the property. It was in the case of William Alred  in the year 1610 that the property rights which were putative in terms as that prospect is only a matter of delight and there is no necessity which is attached t...

Question: Discuss about the Business and Corporations Law for Companies Business Law.   Answer: Consider the following situations and indicate whether consideration is present and Whether Jack has an enforceable agreement: a) Jane is going overseas and she offers to give her Lotus Super 7 sports car to Jack. The market value for this type of vehicle in good condition is around $25 000. Jack accepts. (2.5 MARKS) Issue The agreement b...

Question: Discuss about the Australian Contract Law.     Answer: Introduction Consideration is the price that is asked by the promisor in exchange for their promise – the price for a promise. However, the common law requires that, for an agreement to be binding, the promisee (or promisees) must provide consideration (payment of some kind) for the promise they have received (Clarke, 2015). Consideration is the price paid o...

Question: Discuss about the Higher Suicide Rates Amongst LGBTI Individuals.   Answer: The diversity of the individuals belonging to the LGBT community is very large. Though the LGBTI individuals are grouped together, a great variation in the experiences and identities are being observed, which are influenced by age, geographical location, ethnicity, and socioeconomic status.  No doubt, that these individuals have different id...

Joint TenancyDiscuss about the case study Land Law for Torrens System and the old System. The difference between the Torrens system and the old system of deeds essentially is that the former is a registration system from title to land and not just, as it was with the old system, instruments registration from which the land’s title was derived. It is in the case of Re Lands Titles Act that the position of Torrens’ Title of ...

Fundamentals of Consideration, Offer, and AcceptanceDiscuss about the Business and Corporations Law and Legal Contracts. To find the presence of consideration in the provided case study To determine whether Jane and Jack are bound by an enforceable agreement or not based on the situation given and common law. Consideration is the indication of the particular price that the promisor has asked to the other party in order to satisf...