Business Law : Page - 5

Introducing and enforcing the rules of the constitution with Hart analysisDeveloping the rules is the need for the functioning of the daily life in a tribe there are various kinds of persons present in a tribe. The rules and regulations are introduced for the benefits of all the members present in the tribe although there are certain decisions which are favoring the majority having powers in hand. According to Hart’s law is moral respons...

The Background of the CaseThe leading case of Caltex Oil v Dredge (1976) is a landmark case wherein the concept of pure economic loss is dealt with. This case is the first case of Australia wherein it was held that there are situation wherein exception to the basic rule that recovery of pure economic loss is not allowed is now permitted. The exception is permitted in situation when the defendant can reasonably foresee that because of his ac...

Describe the facts and reasoning in the case which laid out the test for Aboriginal Rights, as well as the subsequent cases and tests that modified the on determining Aboriginal Rights. In the case of Sparrow v R, was laid out as the first test for Aboriginal rights. This was an important decision by the Supreme Court of Canada, concerning the application of Aboriginal rights under section 35 (1) of the Constitution Act, 1982. The case involv...

Inherent, Control, and Detection RisksSince a business is vulnerable to various risks, the role of auditors can be very helpful in detecting and mitigating such risks. Furthermore, it also assists in attaining a true and fair view of the company. Moreover, an auditor also assists in minimizing the likelihood of errors and frauds by verification and vouching methods. For such purpose, it is relevant that the company attains a qualified opinion. N...

The Contract Elements in the Sale of a PaintingIn case of a contract we need to see various elements to ascertain witter it is valid or not. In the given case, we will verify the terms of a contract on the basis of the various elements that forms the valid contract. In the given case, Josie agreed to sale his painting to Sam, on a condition that the same will be approved by his wife ,and if the same will not be approved, the contract will be val...

Advantages of Migration to AustraliaMigration is defined as permanent or semi-permanent changes occurred in the place of an individual or a group of individuals from one location to another. Every person wishes to live happy and free life in that country where they get equality and also secured future for themselves and their families, and not many nations provides such equality and freedom to immigrants but Australia does. This is the reason...

Background of the CasePart III of the Environmental Protection Act 1990 (EPA) deals with statutory nuisances, controls over offensive trades and clean air. The existence of statutory nuisance is a matter of judgment, as there is no clear objective definition of nuisance as was observed in Budd v Colchester BC 1997. However, in Baxter v London Borough of Camden 2000, nuisance has been considered as an interference that causes unreason...

Need for Good Quality Highway Construction in MyanmarThe construction of highway is one of the most basic need of infrastructure for country development. We need to transport our goods, products and services to reach as fast as possible. Therefore, the construction of highway project must be the essential need of transportation and economic development for a country. With an expansion in Myanmar’s population growth, the rate of urbaniza...

Legal requirements for a valid contractWhether there is any valid contract between Sam and Josie? For valid contract both offer and acceptance is equally important. Offer is considered as a promise to do something if another person to whom offer is directed does something. Whereas, acceptance is considered as statement given by the offeree for the purpose of agreeing to the offer and it must be noted that only that person can accept the offe...

The Key Elements of Contract FormationThe key issue in this case revolves around the liability of breach of contract of Airbus towards Qantas and the validity of the exclusion clause. The best manner of defining a contract is an agreement having legal validity where the parties made a promise to pay consideration and carry out the contractual obligation. There are two key ways of forming a contract, i.e., by orally stating the terms creatin...

Background and OverviewThe Great Adventures Pty Ltd is one of the largest hotel chains in the country, and is scattered over the whole of Melbourne. In the given case we see how some of the decisions taken by the directors of the company to take the company out of certain financial crisis affected the company in the growth and development sector. And the various laws and the rules of the same got breached. We will do further analysis of the whol...

BackgroundAns 1: In this case, it was alleged by the ASIC that the directors of the company have breached their statutory duty mentioned in s180. According to this duty, it is the obligation of the directors to use reasonable care and perform their functions with due diligence when they are making a business decision. However, the ASIC has not pointed out towards the specific conduct of the directors that may amount to the breach of this duty....

ASIC v AdlerRecent corporate collapse of Ansett One Tel attracts the media and in Adler’s case, court commenced the action after the collapse of HIH. However, this event gives an appropriate stimulus for the purpose of reflecting the potential damages arise because of the breach of provisions of Corporation Act 2001. While considering this case, number of requirements related to transactions arises in respect of providing financial benef...

Concept of sub-cultures of consumptionConsumer behaviour is one of the important factors that every company need to analyse. The factors that contribute to the buying behaviour of the customers affect the decisions made by an organisation. One such factor includes the culture of the people (Horner and Swarbrooke 2016). The culture followed by an individual defines the choices made by the individuals. The assignment analyses the concept of sub-...

Concept of SWOT AnalysisThe report gives an outline about the market situation, market size and the target consumers. The word SWOT primarily is the acronym of four words, Strength, Weakness, Opportunity and Threats. These four are considered as the parameter to evaluate the growth of the organization. The purpose of this paper is the SWOT analysis of Yamada Denki Co., Ltd. This is one of the largest Japanese electronics retailers. The company...

Questions1. In a business country like Australia, there are numerous companies set up to continue their businesses and try to make profit from it. However, with the growing nature of the business, the companies are taken many steps or tricks to evade the tax system and avoid the government norms with an intention to earn money in an illegal way. In recent times, phoenix activities are observed in the society of Australia (Anderson, Hedges, Ramsa...

Question 1 (a)The case study reveals that the main issue here is regarding a valid offer and a valid acceptance being made, which effectively resulted in a valid offer, or whether the offer and acceptance were invalid, so as to render the offer invalid. A contract can be defined as a voluntary arrangement which is enforceable through the law and becomes a binding legal agreement, which takes place between two or more people. The contract la...

Part a)Paul might not be successful in bringing legal proceedings against Wayne. The incident that resulted to Paul’s injury is not a result of negligence of the rules of the game or the golf company but it is likely as a result of the company’s negligence of safety. Wayne accidentally hit Paul, however the golf company did not, in any case, accidentally forgot the possibility of injury. Civil Liability Act of 2003, chapter ...

Part A Where a person introduces a term to a contract that excludes liability for death and personal injury then the term is: Ans: Void As of 1 October 2015 the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracting Regulations 1999 no longer deals with consumers, but which Act replaced it: Ans: Consumer Rights Act 2015 Which of the following is correct: Ans: A condition is a major term of a contract Whi...

Market ValueProperty valuation can be defined as the art of estimating the value of a property for a particular purpose for a particular interest at a particular point of time after considering all the features of the property and taking into account all the economic factors of the market. Valuation of the property involves determining all types of value like investment value, assessed value, market value, insurable value and salvage value. Ho...

Formation of ContractWhether there is a binding contract that has formed between the parties? Rule of Law Advertisements made in the newspapers are not an offer but an invitation to treat. It means that there is an invitation to the public in general to make an offer and no promise is attached to this invitation to treat (Partridge v Crittenden, [1968]). Counter offer is made to negotiate the final contract. There is automatic rejectio...

The legal system of United KingdomThe law of the United Kingdom has their own legal system which is applicable in different areas like England and Wales, Northern Ireland, and Scotland. The great Supreme Court of the United Kingdom is one of the highest courts in the world. The United Kingdom Parliament, Northern Ireland Assembly, Scottish Parliament and National Assembly for Wales are the different legislatures in the United Kingdom which are...

Accountancy Victoria company overviewAccountancy Victoria is a company, which provides accountancy services and book keeping services to its clients. The company wants to ensure that the business shall maintain all ethical, professional, and legal standards to conduct its business. The company wants to maintain workplace free from all types of harassment and discrimination with the coworkers and provides an appropriate environment to enc...

Identify the IssueThe issue in this case is to evaluate the chances of Coronet Casino with respect to refusing the lease provided to Loire. As per the parole evidence rule when a written contract has been made and all the terms of the negotiation has been documented a party cannot rely on the terms which were discussed during the negotiation and have not been added to the written contract as per the case of Collateral contract are contract...

Whether C&K Scaffolding and Partners are bound for the promise made by one of its partner Cahill? Section 9 of the partnership Act 1963 states the provisions related to power of certain partners to bind the firm. As per this section partner of the firm is considered as the agent of the firm and also of other partners in the firm for the purpose of conducting the business of the firm. This can be understood through case law Watteau v Fen...