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Powers and Limitations of Company ConstitutionThe constitution of a company is a legal document that is drafted either before or after the registration process is through. The constitution is a legal framework, among the roles of the constitution, the documents delegates’ duties to the company directors and other officers meant for the operational purposes and the internal management of the institution. The constitution of a business cov...
DiscussionThe continuous supervision of market trends and developments is identified as one of the most crucial roles which marketing analysts and practitioners should accomplish. As sectors like tourism and retail are highly impacted by major demographic trends and this accountability becomes highly crucial for destination as well as retail marketers (Buhalis and Amaranggana 2015). In the past few decades, there is a substantial debate on the...
Introduction to the CaseThis issue can be solved by discussing the relevant laws of tort of negligence, which means a careless injury that leads to damage (Kelly, Schwartz and Partlett 2015). The essential element of negligence is causing breach of duty. To make a party liable for negligence, it must be shown that the plaintiff had a duty of care towards the defendant. It needs to be proved that there was a standard of care that that a ...
The Role of the Society in Criminal Justice SystemThe main subject matter of the case is to discuss about the role of the society in case of criminal justice system and the required government structure regarding this. There are certain discussions made regarding the contribution of the citizens making an effective criminal justice system. Certain theories are taken to redefine the topic and the conditions of the state courts and prisons have ...
The Responsibility to ProtectIntroduction: It was realized by the international community that as a result of its failure to protect the civilians in the 20th-century, they were disastrous consequences. As a result, international community decided that humans like the Holocaust or the Cambodian genocide (1970s) or the Rwandan genocide that took place in 1994, should not be allowed to be repeated. The result was that the doctrine of responsib...
Emergent LiteracyThe project will try to find out the emergent literacy of three children named Mark Sophie and John. The three are aged four, three and five respectively, and the instructor observes their behavior while they are interacting. Some sets of learning activities are provided to the group which will then be used to gauge the different level of emergent literacy among the young children. The study aims to demonstrate the ability and...
Summary of AMP Limited Case Study1. AMP Limited is an insurance company in Australia and New Zealand that is involved in the business of providing products related to investments and superannuation to it is customers and clients[1]. In addition to this, the said company is also engaged in providing finance and insurance-related advice to the clients. AMP Limited is a listed company that has it is shares listed on the Australian Stock Exchange...
Comprehensively informing grey nomads of the schemeIn reference to the basic problem presented within the challenge, “increased tourists, small communities and conflicts puts forth a complicated dilemmic issue in decision making. Looking at the contribution of the increasing tourism in the small communities, they present both positive and negative impacts. It is however typical and substantial that the contribution of the tourists is muc...
Background Information on Joseph Brunetti and Connect ComputersThe issue is to check that whether there is a valid contract between Joe and Annie? For a valid contract, there must be an offer and acceptance. For an offer, this is necessary that the same must be properly communicated to the offeree. Parties to the contract can choose any mode of offer and acceptance. In those cases where parties do communication via particular mode, then s...
IssueWhether the law of agency provides any right to roger via which he can sue GARC in relation to the loss incurred in cucumbers. There are various ways in which an agency can come to existence. These ways include ways such as expressed authority, implied authority, apparent authority and agency by necessity or emergency. Under the agency of necessity, a relationship of agent and principle can be created if there is a situation of emergen...
IssueWill the taxpayer be held liable for fees derived under the “subsection 25 (1) of the ITAA 1936” as the income from the ordinary concepts? The case study also revolves around the issue regarding whether the prize winning from body building would be treated as ordinary income under the ordinary concepts of “section 6-5”? Whether the taxpayer in the present case would be held taxable for the gifts amounts that is recei...
Main Reasons Business Disputes Must be Resolved in Court1: Generally speaking, precedent can be described as the authority or the guidance of past decisions regarding their future cases. Only the decisions that provide a new rule or principle can be described as judicial precedent. However there are different principles that are related with the application of such judicial decisions under the common law. These principles are known as the doctri...
General principle of agency lawAs per the general principle of agency law, the principal can be held responsible for the actions of his/her agent. However, it does not mean that the principal will be held liable for unauthorised actions of the agent. Various remedies are given to the principal in order to set the boundaries on agents to not perform certain actions in required manner. The principal has the right to ratify the act or refuse th...
Residency Test for Tax PurposesThis letter is written to you to respond on Income Tax Obligations involving residency in Australia even though this is not your native home. The most general way of determining whether a person is an Australian, is by considering the persons facts and circumstances in relation to the Common Law and Statutory test carried out to determine ones residency. One is considered an Australian Resident if the person &lsquo...
Witnesses Not Competent to Give Evidence Due to Mental, Intellectual and Physical DisabilityAnswer 1 Under section 128 of Evidence Act 1995, Privilege with concern to self-discrimination is where; witness objects in providing particular evidence on the basis that the evidence might prove that witness might have committed a crime against or arising under Australian law of a foreign country or is liable to a civil penalty (Lewis, 2005). &lsqu...
Background and ContextSupreme powers have been provided to the company’s directors in Australia to manage the operations of the corporation through the application of s 198A of the Corporation Act 2001 (Cth)[1]. The company’s directors have full power to look after the working of the organization. However, the powers of the directors have been restricted by the rules of the both common law and statutory law in Australia the obj...
Duties of Directors under the Corporations Act, 2001 (Cth)There are several duties that have been mentioned for the directors of corporations by the common law, statutory law and company's constitution. The statutory duties imposed on the directors are mentioned in the Corporations Act, 2001 (Cth). In this work, the statutory and common law position of the above-mentioned directors has been discussed. In the present case, Vesna convinced th...
Historical Overview of Arbitration Law in BangladeshThe legal system existing in Bangladesh considers arbitration as a tradition which was previously used for the purpose of resolution of dispute and was administrated by the Arbitration Act, 1940. Most of the provisions of the Arbitration Act, 1940 were outdated as compared to the contemporary arbitration regulations existing in various parts of the world. Under the Arbitration Act, 1940, the ex...
Background of the CaseThe main issue of the case is to determine whether Cruisers can take any action against Donald for non-compliance of the offer or not. The subject matter of the case is based on the basic principle of acceptance and compliance of an offer. Offer is one of the main elements of contract. According to the Contract law, a contract could be regarded as valid on meeting certain requirements. Offer is a willingness of the per...
Case 1: Dhingra v. Dhingra, 2012 ONCA 261 (CanLII)The present article comprises of the relevant acts that can followed in regard to certain specific cases. The summaries of the five different cases are followed so as to be able to understand the particular course of action for the cases. Case 1: Dhingra v. Dhingra, 2012 ONCA 261 (CanLII) Should the public policy rule apply when the person who has committed the crime is found not crimin...
Net profits and dividend payouts a) Dividend to be received in May 2018 (in $) = Net profit for 2018 x share % x dividend pay-out ratio = 600000 x 15% x 75% = 67,500 Dividend to be received in May 2019 (in $) = Net profit for 2018 x (1 + growth rate) x share % x dividend pay-out ratio = 600000 x (1 + 30%) x 15% x 75% = 87,750 Amount required in late May 2019 (in $) = 100,000...
Causes of social injustices and inequalitiesSocial injustice and inequity have contributed significantly to technical operations failure. The authorities at the international and national levels try to determine the primary cause of the social injustices, exclusion, and disparities. It is an issue that requires collaboration for both public and the government to achieve fairness in the society. The study will focus on the exclusion, soci...
The first issue and relevant provisions of the Corporations ActThe first issue that exist in the given scenario are: To determine what actions can be taken by the administrators appointed by Ravi Rule: For the purpose of analyzing the first issue that has been identified in this given scenario, it is important todiscuss the relevant provisions of the Corporations Act that are relevant in this scenario. It has been provided in section ...
The Major Aspects of CRMI have been working as a trainee customer services manager at a large online retail business and it has shown significant growth and good revenue generation for the past few years. The profit level has been increasing along with increased numbers of customers’ queries and complaints regarding the products and services delivered. The Customer Experience Director has focused on improving the customer relationship ma...
Definition of Hate CrimeHate crime is a social issue which affects a moderate number of individuals. It is generally defined as a vicious offence driven by hate based on national cause, shading, race among different components (Farivar, 2017). Ethno-violence is inspired by bias against individuals in view of race, religion, ethnicity, sex, sexual preference, infirmity, or different elements. The term "hate crime" is derived from normal utiliz...
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