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Secondary Rules in Hart's Legal SystemThe dissatisfaction shown by the young member of the tribe made provision for the following proposal. The tribe agrees to oblige under the following: They should act in accordance to the welfare of the tribe The decisions made by the tribe should not be partial in nature Election should take place for the appointment of the group of people who would enforce the decisions made by the eldest tribe membe...
Key information in the brochureThe travel company, escapetravel.com provides tours around the world on a budget. Every brochure refers to the general terms and conditions of bookings applicable uniformly to all tours operated by the website. The website offers tour packages and has a separate portal for brochures elaborating tours conducted in a particular country. These country wise brochures are detailed and have their own terms and condit...
Choosing the appropriate business typea) What type of business should Mary, Fred and Chris operate now? Again, support your answer by citing relevant cases and statutes. In the present case, it is clear that Mary, Fred and Chris had been managing their business as a partnership. But after the incident in which a customer suffered burn injuries and sued the business and negligence, they want to know if they can adopt any other business to get ...
Scenario One: Sale of a Painting1. Case facts: Vera is the famous painter, and she painted various landscape scenes which are of high artistic merit. She recently painted one more landscape scene and named it Dawn. This painting is considered one of the best paintings of the Vera. Later, Vera appointed Siddo as an agent for the purpose of selling her painting. She expects $40000 sale price for her painting, and instruct Siddo not to sell...
DiscussionsHuman rights are an international issue and based on the fundamental rights of the human beings. Human rights describe the moral principle that assists to standardise the human behaviour and protect the interest of the minorities through legal rights. United Nation provides certain provisions imposed on the states for the protection of the human rights and intend to eradicate the discrimination by establishing commissions and amendi...
Question One Whether there is a valid partnership between Sharjah and Billy according to the provisions of the Partnership Act 1963 (Cth) (PA) Can Ooh orchids make a claim from Billy in relation to the Purchase of expensive flowers by Sasha worth $1,500. Whether the negligence committed by Jacob would be binding on fusion flowers Does Billy have the right to start a new business in competition to fusion flowers. Each state in Australi...
Discussions and AnalysisThe world must focus on pursuing consolidated results which underline the global nature of conflicts resolution and the Agenda for Sustainable Development 2030, aspects that Ortiz and Rabi (2012) denotes as closely related. Countries must, therefore, invest in infrastructure, the building of more accountable and efficient learning institutions, promoting social co-existence and supporting gender equity. Thus, succ...
Scenario 1: Tina and Brad - Applicability of Agency LawIssue The issue in the present case is to extend an advice to Tina about her contractual liabilities in the below mentioned scenarios: When Bred (the agent of Tina) has enacted a contract with Caltex. When Paul appointed on behalf of Tina has derived profits from her on account of the Holden Commodore Wagon. Law According to the agency law, the person who has complete aut...
Strengths of ASEANASEAN is a group of ten countries which consist of Philippines, Indonesia, Malaysia, Singapore, Thailand, Brunei, Myanmar, Cambodia, Laos and Vietnam. The main object of ASEAN integration is to promote economic growth, political progress, and cultural development and maintain good relations among different countries. It was formed in august 8, 1967 with the sign of Bangkok declaration. Asian has signed six free trade agreements...
Ethical and Socio-technical Challenges of ICT professionalsCyber crime is also known as computer related crime. In layman’s language, it refers to the crime that takes place using a computer system and a network. It involves the criminal activities that are carried out against individuals or multiple individuals with the intention to cause damage to the reputation of the victim so that he or she will suffer from harm which may be psycholog...
XYZ Ltd and Investment Advisory ServicesWhether Linda can initiate legal actions against AYNPL, or not? The Corporation Act 2001 (Cth) is the act governing the provisions pertaining to the formation of any company in Australia. The formation of a company marks its birth in a legal manner. In other words, the company comes into existence, as per section 119 of the Corporations Act, 2001, on the date of its registration. Once a company is for...
Capital gains and lossesThe present scenario on acquirement of antique vase by Eric has certain issues that can be related to process of ascertaining capital gains or else losses incurred from selling assets/resources. This can necessarily be defined under the taxation directive mentioned under 108-20 of ITAA of 1997 (Davis et al. 2015). Based on the taxation rulings mentioned under the regulation 108-20 of ITAA of the year 1997, the loss...
How to calculate net capital gain or loss?1. In the given case, Eric has acquired certain assets in the last 12 months. The assets that has been acquired by Eric in the last 12 months has been sold by him during the same here. The assets acquired by Eric include painting, antique chairs, antique vase, shares in the listed companies and a home sound system. In the below working file, the capital gain and loss has been computed using the purcha...
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...
Eric's Net Capital Gain/LossThe case depicts that Eric has acquired certain assets and has possession of those assets for less than a year. The determination of the eligibility of the capital gains from sale of assets could be validated only if the selling price of an asset is higher than the procurement cost of the asset. Furthermore, Eric is also liable to be exempt from indexation benefits owing to the possession of assets for a time less t...
Identifying Requirements for the Administrative SystemFrom the information you have been given, identify and list below the requirements of this administrative system. The system must invoice directly to the client The system must hold all clients’ details and sale records past and present The administrative system must record all payments and then close the job upon completion. The system must run the following reports; current cr...
Company and Shareholders' Taxation Computation of Gross Dividend paid by ACB Particulars Amount ($) Profit for the period 150000 Less: Tax @ 28% 42000 Profit after tax 108000 Realised capital gains 30000 Share of profits to Belina(Shareholder) 138000 Computation of Imputation credit and RWT calculation Particulars Amoun...
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 Devastating Impact of Global Warming on AustraliaDoes the Commonwealth legislation prevail over State Legislation? The Australian Parliament is of sovereign nature and the power of the government is divided between three branches. This separation of governmental powers is known as the doctrine of separation of powers. The three branches of government are the legislature, the executive and the judiciary. In the landmark case of Marbury v M...
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...
Case Study: Lianne and Mary’s ContractWhether there is a valid contract amid Lianne and Mary? The law of contract is one of the most essential legal frameworks that are required to establish a contractual relationship amid the parties. A contract is a document which is the outcome of mutual exchange of promises by two or more parties. The two parties that are involved are offeror and the offeree. When these two parties fulfill the ...
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...
Classifications of Different World Legal SystemsAgency law governs the relationship which two individuals have, where by one acts as the agent and the other one holds the position of being the principal. This law results in the principal being responsible/ accountable for the work done by their appointed agents (Busch, Macgregor and Watts, 2016, p. 37). This accountability is owed towards the third party, whereby the agent deals on behalf of the...
Carbon taxIn the era of twenty-first centuries, the businesses are growing like mushrooms all over the world. There is not any doubt that the world economy is getting high benefits from this large number of businesses, but there are major negative consequences of these businesses. One of the major negative effects is that the environment is getting highly affected with these businesses (Abdullah and Morley 2014). This threat on the environment...
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