Business Law : Page - 7

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, ...

Question 1: Definition of Income and Assessable IncomeThe section 6-5 of the Income Tax Assessment Act 1997 provides that income according to the ordinary concept is known as ordinary income.  The fee that is received by the dentist for providing professional services is an ordinary income and it is taxable under section 6-5 of the Income Tax Assessment Act 1997. The dentist has received fees for personal exertion and it should be include...

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...

Scenario A: Liability in Agency LawCan Tina be held liable for the purchase of fuel made by Brad and would she be liable to reimburse Caltex for the same? The agency law is one of the common laws in the nations, which helps in governing the relationship between the principal and the agent of such a principal. Further, this common law helps in establishing the liability of an agent towards the acts undertaken to the third party, upon the...

Legal SystemSouth Korea (SK) is a sovereign state of East Asia which is located in the Korean Peninsula’s southern part (Kim, 2012). The foreigners are encouraged to invest both directly and indirectly in the economy of the nation. The Foreign Investment Promotion Act of 1988 promotes foreign investment in the nation and the investors are given a range of incentives for investing in the nation, for instance, financial support, tax relief...

Significance of Equitable EstoppelPromissory estoppel can be described as one of the popular types of equitable estoppel. The significance of equitable estoppel has been stressed upon by the court in Crabb v Arun DC (1976). While emphasizing on the importance of equitable estoppel, the court stated that equity comes in to mitigate the rigors of the application of strict law. It also prevents the person from insisting on the strict application of...

Cultural dimensionsEach and every individual has some underlined values that contribute as an important factor in developing the ideology. The ideologies are related with the behavioral freedom given to an individual. The value implies the priorities of different behavioral alternatives that are perceived as an important part. Cultural values are related to the group of people and their behavior. Canada is a new and multicultural country where...

Types of ContractsThis is the case study which discusses about a contract which is to enter by a company with a third party. After understanding this case study one can easily understand the different types of contract and how to deal in case of such contracts. To come to a conclusion for this case one needs to understand the provisions relating to contracts entered in Australia. A contract can be anything, whether in a written or an oral for...

Case Study 1: Taxation Implications of the Sale of PropertyIssue In this case, smith and Jones is engage in the business of property development. They used the block of land for sheep grazing. Then as it became unprofitable, they subdivided and sold the land. The issue here is to determine whether the sale of the property should be accessible under section 6-5 of the Income Tax Assessment Act 1997. The laws and regulations that have been a...

Causes of Action Relied UponOne of the causes of action that the Amadios relied upon is the notion of unconscionable conduct. Under the doctrine of unconscionable conduct, a bargaining party, who has some advantages, uses his position to another party to unfairly create a contract that benefits the superior party. Under these circumstances, the contract is not created by an independent party, and it is not voluntary. The party may be at a disa...

Issue1.Issue The objective is to ascertain Peter’s tax residency for FY2018 in light of the information extended in the case study. A crucial role in ascertaining the individual taxpayer tax residency is played by ITAA 1936 through subsection 6(1). Further, the various statutory tests available for residency determination are outlined in TR 98/17 which would enable an individual to determine the tax residency in the context of a part...

Facts of the caseThe leading case of L Shaddock v Parramatta City Council (1982), is a landmark case as it imposes a duty of care on the public authorities that must be cater by them while furnishing written and oral information to the parties who are relying upon such information prior making any decisions. Clarity is given as how to apply the test when the law of negligence misstatements needs to be applied in any given situation. The H...

IssueIssue Whether a contract was formed between John and Chris, or not? If a contract was formed, whether the same was breached and the possible remedies which can be cited? Whether a contract was formed between John and Peter, or not? If a contract was formed, whether the same was breached and the possible remedies which can be cited? A contract is a promise made to create legally binding relations where one party promises to do or not d...

Week 1My 12 week learning course assisted me in selecting the most useful and contemporary business research topic. The literature review of assignment 1 has facilitated me in framing effective research questions in assignment 2. The study will discuss about my learning courses conducted during 12 weeks. In 1st week, I came to understand about different aspect of business research for conducting research of any particular research topic....

Facts of the CaseThe case of Caltex Oil (Australia) Pty Ltd v The Dredge Willemstad (1976) HCA 65, or simply Caltex v Dredge, is one of such cases where the defendant was held liable to have a duty of care, regarding not causing an economic loss to the plaintiff, especially when the property is not owned by the plaintiff (Latimer, 2012). Though, the same is provided only in such cases where the plaintiff had been directly affected as a re...

Agreement1.In Australia, all the important features which are an essential part of the contract to show the existence of the creation of the lawfully binding contract are as follows: Agreement between the persons is the first important element to show the existence of a legally binding contract. It is the earlier stage of the contract. For the formation of every single agreement, an offer and acceptance are two basic features.  An offe...

Types of business structures and featuresA business incorporates each form of trade, craftsmanship, commerce, profession, calling or other operations used for the purpose of making profit but not employment, office, charitable undertaking, any specific occupation provided through the schedule of Registration of Businesses Act 1956 (ROBA 1956).  There are many structures which can be used for the purpose of carrying out business activities...

Introduction to Case StudyNokia-Connecting people, a tagline which resonated with people across the globe, a brand which ensured quality, strength and superior products, a name synonymous to trust and loyalty. Nokia was a worldwide technology leader providing communication services to service providers, enterprises, government and consumers. The company developed some cutting edge products which still are remembered by its audience. Nokia 3310...

Research methodologyMedia violence and its effect on viewer’s aggression The project will be seeking to prove the following hypothesis. The hypotheses will be proven null or alternative after the research project is carried out. They include; Viewers aggression and influence on media content depends on the age factor Media content and viewers’ aggression may play a primary role in increasing crime in the society There are oth...

Shared Value CreationMarks and Spencer is a multinational retail company based in the royal state of England. The company came into existence in the year 1884 and has expanded to a large number of countries since then. It is operational in countries like India, Greece, Turkey and many more different countries worldwide. The competitive business world that is present nowadays is a challenge to the company to develop a proper planning to sustain...

Legal Distinction between Employee and Independent ContractorWhether Amanda is an employee or an independent contractor of Monks Pty. Ltd? When any person (employer) give work to any other person (appointed person), then, the appointed person can either be categorized as an employee or as an independent contractor. The distinction amid the two is of grave importance because an employee works under the contract of employment  and an ind...

Legal Issues Arising from Louis Litt's ActionsLouis Litt facilitated a trade where you managed to use $ 750,000 to buy products whose market value was $ 250,000. These products were bought from ATS, which is a company that had links with Louis. In fact, the company paid Louis $ 300,000 for services that were not offered. Unfortunately, ATS managed to close down at the end of June 2016. Another case is on Daniel Paulsen. He has the power of at...

Questions Schedule of Payroll Information                Employee Name Weekly Wages / Salary Weekly PayG Quarterly Wages/Salary Quarterly PayG Sam 220 49 2860 637 Sarah 4000 1528 52000 19864 Lauren 1440 458 18720 5954 Marty 5600 2280 72800 29640 Paul 2200 755 28600 9815 Payroll Information Employee Name  Kris ...