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BackgroundThe case given for this report is ASIC v Adler [2002] NSWSC 171 is one of the important cases in the area of director duties and breaches thereof. Under Corporations Act, 2001 (Cth), many of the duties are mentioned that are required to be followed by officers and directors of a company incorporated in Australia. When any of the director or officer of an Australian company, breaches the provisions of Corporations Act 2001 then i...
The Duty of Care in Negligence CasesThe involved issue in the case is to check that whether Meghan and Catherine, two of the claimant so the case can bring an action for negligence under tort law and what is the possibility of their success. Negligence is one of the aspects of Tort Law. As the name implies it reflects a situation where a person does not perform his/her duty with due care (Cohen, 2009). What is the duty of care is important ...
Internal Management of CorporationIt has been provided by the Corporations Act, 2001 (Cth) that the internal management of a corporation is going to be governed by: The relevant provisions of Corporations Act; The constitution of the company; or By both. In this regard, the constitution of a corporation provides the rules that govern the company. These rules can be used for managing the relationship that exists between the corporation,...
Summary of IssuesThe present case is based on the employment contract that has been made in between Andrea, the General Manager of BEF Company and Abdul. According to the contract, Abdul will get $880 per week in lieu for any overtime payment. During the busy schedule of the company, Abdul has worked for 180 hours as overtime. However, because of his leaves, the overtime has become 140 days in lieu of 180 days. Further, he has been promoted as...
Price elasticity of beer demand in AustraliaAs observed from the above figure beer consumption in Canada exceeds that in Australia. The preference towards alcoholic beverages in Canada tend to be more as compared to Australia (Weersink, Probyn-Smith & Von Massow 2018). In Australia however, strict governmental policy measures help to reduce consumption of beer over time. Price elasticity of beer demand in Australia &nbs...
Overview of Legislation HierarchyLegislation hierarchy involves a particular order of legal rules or regulations to a certain degree from the highest and lowest mostly depending on providing existing competent authority During the enforcement of these regulations, it is quite necessary to abide completely with these standing orders of a state. The hierarchy includes the constitution, laws and then the available subordinate regulations.In this...
The Types and Importance of CybercrimeIn today’s world, where cyber crime had increased a lot, a good prevention of the data is really important. Cybercrime is of many types like online thefts of identity, frauds in finances, bullying, stalking, spoofing of emails, hacking, property crime and forgery etc. and can harm and create a tide in the lives of the people who become the victims of it (Dashora, 2011). This can be at its worst ...
Development of Rules and Punishments in a Tribe's ConstitutionIn the new Constitution developed by the tribe, there are rules that protect members of the tribe from violent acts from other members of the tribe. According to Herbert Lionel Adolphus Hart, there are certain circumstances essential for the continued existence of legal system. These circumstances are as follows: the ‘rules of behaviour’ applicable in relation to the ...
Impact of Global Connectivity on CybercrimeIn the present scenario, every individual works and lives in a state of global connectivity. The people exchange their ideas and conversations, which conduct a monetary transaction with, people from another side of planet effectively and inexpensively (McMahon, Serrato, Bressler & Bressler, 2015). Nowadays, Internet has proven itself the effective source of communication concluding the way individ...
Budgeting Process and Sales ProjectionsOn the beach is the Australian firm that operates its business of manufacturing the swimwear as well accessories for both male and females. The firm is mainly dealing in four products i.e. one piece swimsuits for women, board shorts for men, beach towels and the beach bags. The management of the firm is desired to set the targets and goals for the upcoming year i.e. 2019 and hence requires various types o...
BackgroundIn the High Court of New Zealand: In the matter of: breach of covenant made on the implementation and operation of the rent control system Between: Ms. Nangula (1st plaintiff) and the Youth Movement fighting for a Cheaper and Affordable Housing in Namibia (YCAH) And: Namibian Government (1st defendant) and The Lines Ministry (2nd defendant). I Ms. Nangula swear/solemnly and sincerely affirm that: I am the founder and one...
Can a negligent act amount to the intentional tort of battery?1. A tort can be committed either intentionally or negligently. According to the definition, when two people contact with each other with certain offensive or harmful intention, it will be known as battery. However, harmful intention of the parties is not necessary. According to Williams v Milotin, negligent act can amount to intentional tort of battery. 2. According to the common ...
Recognising Business Entities in New ZealandIssue: In the present given situation, the only issue involved is what corporate company/firm he create to easily manage his financial funds, which also leaves him for the day to day runnings to professionals. Law: As per the present given situation, the various provisions of the Limited Partnership Act, 2008 is applicable. Application: It is submitted that Bernard who is a businessman after h...
BackgroundContract law is an area of law which is largely influences the business society. The parties to the contract are legally provided the right to take actions against each other for breach of its terms. Along with its formation and content, it is also important to understand the law regarding damages in case of contractual breach. There are various forms in which damages is provided to the aggrieved party by the courts. The contract can...
Pathophysiology of InjuryFOOSH injury defined as mechanism of injury that occurs due to fall of any individuals and injured area can be wrist, hand and any other places of the body. One common injury observed is colle’s fracture. , In few cases, swelling and bruising observed and weak hand grips, loss of wrist motion observed in patients (Lee et al. 2017). Increase in pain generally observed. .If pain persist for longer period then ligam...
Understanding of legal theory facilitates analysis of issues related to access to law and justice Additional Source 1 Schetzer, Louis, Roberto Buonamano and Joanna Mullins, "Access To Justice & Legal Needs." (Law & Justice Foundation, 2002) <http://www.lawfoundation.net.au/ljf/site/articleIDs/012E910236879BAECA257060007D13E0/$file/bkgr1.pdf> Additional Source 2 Law Council of Australia, "People Exper...
Organic Theory of Attribution in Determining Corporate LiabilityHaving come up with an idea to start a subscription business that provides with highly entertaining podcasts an interviews, Sammy and Huw approach Gracey for exclusive supply of a weekly podcast to their new company. They sign an agreement on the 20th April 2018 stipulating that for the exclusive rights, Gracey is to be paid a fee of $4000 per month for a period of one year. ...
Breach of Legal Duty of CareUnder Tort Law, some of the relationships are there where a person owes duty if acre. In addition to these defined relationships, this duty also exists in some other relationships. It was held in the case of Caparo Industries PLC v Dickman [1990] UKHL 2 that a duty of care exists in the following situations: Where a person can foresee the risk. Where there is a relationship of proximity between the claimant...
The Purpose of PrisonsThe purpose of this essay is to enlighten the reader about the negative consequences of prison on the people living in it. The Prison is commonly known as the correctional institution that is an integral part of the Criminal Justice System of the country along with the police and courts. The prison along with the police helps the government to manage the practice of ethical activities in the environment. The prison is an ...
Unintentional torts in business situationsTort law is an area of law which has been created to provide protection to rights of the people to stay safe, enjoy their property and reputation. The law covers various aspects which are divided into intentional and non intentional torts. The paper primarily provides a discussion in relation to the effect of tort law on business situations. Thus detailed discussion is provided with respect to unintent...
Problem statementThe aim of the report is to analyse the importance of cybersecurity in preventing crime. Cybercrime is increasing day-by-day with the rapid technological development. Hence, it has become critical to making the cybersecurity even stronger for reducing crime and encouraging safety culture in the world of internet. Hence, the study focuses on the way cybersecurity helps to prevent crime in Australia. Problem statement Australi...
Answer: 1 Issue The issue is whether Thor Mining Machinery Ltd and Volvo Trucks (Australia) Ltd can personally hold Simon liable for the contractual terms? Law The Corporations Act 2001 (Cth) provides key regulations which companies have to comply with while managing their operations in Australia. The law provides that after its registration, the company becomes a separate entity. Section 119 provides that this entity becomes the sep...
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 ...
