Business Law : Page - 6

Elements Of Intention And Consideration In Carol and Max CaseThe Law of Contract holds the core element of the commercial law. Among other elements of an enforceable contract, an English law requires the parties to demonstrate “intention to create legal relations.? Allegedly, since contract law is the law that governs relations between parties to a transaction, this law cannot function without the judges looking at the root part of the ...

Benefits of incorporating a company for expanding olive business1: After analysing the facts of presented in the case, it can be said that Richard and his son can achieve benefits if they seek the assistance of a company in order to expand the business. The benefits available for setting up a company are better if compared to a sole trader or partnership. The assistance and involvement of a company can help in expanding the business. This is s...

Overview of the Direct to Consumer strategy and its importanceThe advent of newer technologies has helped organizations to undertake steps in order to modify their structure of availability in the market. The importance of the reforms has brought about considerable changes in the organizational structure (Combe 2012). The modifications brought about by the organization in order to cope up with the environmental changes are an important conside...

Chapter 1Why was equity law developed and how does it operate as part of the common law legal system in Australia? The core reason why equity law was developed in Australia is to provide ‘fairness and good conscious’ which provides fairness in the cases where common law is unable to do so. The way it’s operated a part of the common law legal system in Australia because the equity law provides a much broader context, it prov...

Why Consumer Protections is EssentialA consumer is a person who purchases the goods or acquires the services for the direct and personal use, instead of acquiring them for production, manufacturing or resale purposes. The consumers in every jurisdiction are protected through rules and regulations, and these regulations give various rights to the consumers. The consumer protection laws have been designed in the manner so as to prevent the busines...

Scenario 1: Lila's Contractual Issues with Computer Whiz Pty and Gumtree Seller DinaWhether the four elements required for creating a contract were presented between Lila and the store; and Dina and Lila, or not? A contract is to be defined as an undertaken promise where one side of the party promise to pay the contractual consideration and the other side promises to undertake the contractual promise. For creating a contract, there is a nee...

Pros and Cons of Always Being Available to Employers and ClientsIn the age of information technology, where every person is connected through smartphones, computers and iPads, the employers and the customers expect that the employees can provide services at any time. In addition to it, the development of the global economy has forced the employees to work at odd timings or the standard time of other countries. It has increased the burnout and wo...

Issue of the CaseOn September 11, Mr. Brian Colin Fine provided Uber X services to Uber X riders or passenger. The question in issue in this proceeding is whether the service provided by Mr. Colin constituted supply taxi travel within for which the Uber drivers are required to be registered for GST purposes. Since this case is being heard for the first time it is a case ‘at first instance’ and the legal issues arising out o...

Role of International Criminal CourtThe research has identified that while terrorism is different from the crimes against humanity. It is found that the elements and severity of the crimes against humanity and terrorism are majorly different. However, at the same time there are many acts executed under the terrorism that can be subject to consideration under the defined crimes against humanity. The most prominent and severe element of terrori...

Debate between Municipal and International LawThe relationship between municipal and international law has been a constant subject of debates since a long time. The distinctions and autonomy between the two, along with the impact of international rules on the body of law are some of the questions which give rise to this debate (Ravi, 2017). The difficulty in addressing these issues stems from the fact that there is a difference in the backgrou...

The Allegations by ACCC Against the RespondentsThis is a case of the Federal Court of Australia between the Australian Competition and Consumer Commission and Australian Egg Corporation Limited. This is a case of corporation act and consumer law of Australia. In this case the respondents have background of egg industry. ACCC made some allegation against six respondents for the provocation to 19 egg producers where they make the limitation of pro...

Recruitment and Selection ProcessRecruitment is the process of locating and engaging competent candidates for employment; it begins when new recruits are sought and ends when they submit their applications resulting in a collection of applications to select new employees from (Laxman, 2008, p. 19).  Selection, on the other hand, is the processes of choosing a suitable candidate from the applicants to fill the position (Business ...

History and Classification of ComputersA Computer is electronic machine that receives inputs stores it and processes them to get the required information or task. Basically, (Doi 2014) Sire Charles Babbage designed and invented Computer in early 19th century. The invention of computer has played a vital and important role to make the world globalized and faster communication system. Generally, the computers are classified in to three mai...

The Main Facts of the CaseThe High Court of Australia on 11th December 1984 laid down the leading judgment in the case osf Hackshaw v. Shaw [1984] 155 CLR 614. A farm was located at Korong Vale in Victoria. The defendant was the owner of the farm and visit the farm every day to carry out work at the farm but does not live there. A pump and a petrol tank were at the farm and were installed so that any motor vehicle which is used ...

Case Study: Amanda's Status with Monks Pty LtdThis paper discusses a few case studies through which we will understand the business laws better. We will learn the common issues and laws distinguishing between an employee and an independent contractor and what advantages and disadvantages they both have in the corporate world. This is a basic understanding for everyone in the corporate world. With regards to the concerned circumstances t...

Civil Liability Act 2003 Qld for Duty of Care and NegligenceWhether Paul can sue Wayne for the injuries that are sustained by him under the Civil Liability Act 2003 (Qld)? In law, every person has a legal duty to carry out his acts with care so that no injury is caused to a plaintiff who is closely associated with him. This is a duty of care and any resultant breach which will cause damage to the plaintiff will hold the defendant negligen...

Powers of a Company in Relation to Its OperationConstitution of a company or its replaceable rules set out the guidelines which the directors and officers of the company have to follow towards carrying on their powers in relation to the company. The constitution also sets out the terms of relationship of the company with any third party as well as the relationship between the members of the company. In this question the validity of powers provid...

Drug Testing1. a. In order to identify of a controlled substance, two tests must be performed. One test is a screening or presumptive test and the other test is an instrumental or confirmatory test. The tests are conducted to confirm the presence of drug in the sample by comparing it with a known standard of that drug. Exhibit (1) matches A as it contains pharmaceutical preparations, hence, the administrative sample selection shall be us...

Precedent in Public Prosecutor v Loo Kun LongA precedent is a principle or a rule settled in an earlier legal case. The legal case that is settled becomes binding on the Court or other tribunal or district courts when taking decisions in similar cases having similar issues and facts. The common law system of legal principles lays great value when taking decisions according to consistent rules so that similar facts can serve similar outcomes. T...

Scenario 1 - Susan's Contract with Prestige DesignsThere are legal three issues which have been identified in the scenario which are Whether Prestige Designscan claim the contractual amount from Susan under the principles of breach and discharge of contractual obligations under contract law Whether Susanwould be able to claim damages from Prestige Designs for the flight cancellation bases in the principles of remoteness of damage...

Duties/responsibilities breached and explanationIt is a case that deals with falsification of prices of securities on the stock exchange. In this case Jefferies was a public company whose shares were listed on the stock exchange, Fame detector held shares of the Jefferies Company Mr J F O'Halloran, who principally controls the business of Fame, was formerly the Chairman of Directors of Jeffries. Along with ordinary shares in the company, in 19...

Commonwealth Supported Places (CSPs)The broad structure of the Australian education system includes primary school, secondary school, senior secondary school and tertiary education. The primary school includes students aged 6 or 7 years; the secondary school includes students aged 7-10 years; the senior secondary school includes students aging from 11 to 12 years. Tertiary education includes vocational education and training (VET) and higher e...

Essential Elements of Valid ContractElements of valid contract: contract may be defined as a legal agreement between two parties which is enforceable by law. In other words, contract is an agreement which is legally binding on two parties. Section2 (h) of Contract Act 1950 states that if an agreement is enforceable by law then it is  considered as contract (Contract Act, 1950). Section 2 (g) of Contract Act 1950 states, that if an agreem...

Background InformationProvisions: Section 100 to 149 of ITAA97 specifies the regulation regarding general rules for ascertaining capital gain tax liability and special topics. Capital gains are assessable as statutory income and are part of assessable income as per section 102 -5(1) of ITAA 97. Section 104-10 CGT event A applies in case the asset is purchased after 19/9/85 and must have been sold to other entity. In case asset is not sold, ...

Issue of Allowable Deductions for Advertising Expenses and Foreign Tax OffsetThe issue is related to ascertaining the deductions that would be allowed under “section 8-1 of the ITAA 1997” with respect to the cost happened in the shifting of machine. “Section 8-1 of the ITAA 1997” “British Insulated &Helsby Cables” The charge that has taken place for shifting the machine to new location signi...