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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...
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...
Overview of Surfstitch Ltd's financial condition1. Identifying the recent financial predicament facing Surfstitch Ltd: Surfstitch Ltd overall financial predicament mainly started with the exit of Justin Cameron in 2015, who was one of the founders of the organisation. This forced the management of Surfstitch Ltd to write down the assets, which directly increased its financial losses. This increment in the overall financial losses was also con...
The Importance of Intention to Create Legal RelationsThe intention to create a legal relation is an essential element of the agreement. This intention to create a legal relationship is describes as the intention to get into a legally binding agreement or a contract. The intention to create a legal relation is a key character in the forming of a contract. The intention to create legal relation is the acceptance made by the parties to enter...
Part 1: Non-judicial reviewSydney’s’ WSU falls under the national and federal laws. The Federal Government plans to increase university fees starting 2017 affects current and future students with progressive fees increases. If allowed, the increase is set to go as high as $3,600. The scraping of the 2014 deregulation policy paved the way for senate to approve the ministry’s regulation of the fees. The regulation comes with re...
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...
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...
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...
What is Tort Law?1. The law of torts is to safeguard the responsibility which an individual of the society has towards another individual notwithstanding any contractual obligations. The breach of the civil rights of another person often results in payment of compensation based on the damages caused to the other person (Oberdiek 2014). The concept of torts arises when one person does not observe due care while discharging his responsibilities ...
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...
Behavior Analysis of Respondent 1 using Personality TheoryBefore taking a rent of house, consumers have to take a major consumption decision. This particular study has focused to provide an in-depth market analysis regarding the purchasing behavior of consumers while renting a house. In order to get an effective response regarding the different rental choices of different consumers, an effective survey has been conducted by involving the fiv...
Duty of CareTopic : Prior to 1961 and the introduction of the Civil Liability Act contributory negligence was a complete defence to any negligence action. Using relevant case law and referring to the above statement outline and critically analyse the law surrounding the defence of contributory negligence. The law and jurisdiction surrounding contributory negligence is immensely important. I would first like to mention one of the most importa...
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...
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...
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...
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...
Impact of Statutory Forms on Negligence Law1. During the last five years, significant legislative changes had been introduced in the history of Australia concerning the tort of negligence. There are many legislative bodies, who believe that these changes were the result of the rapidly increasing insurance premiums concerning liability policies that was being felt by the community. Before these reforms, regular reports were being produced in th...
Theoretical PerspectiveAs the social groups that have been selected for the analysis of the policies are the transgender groups along with the groups of lesbian and gay. In UK these social groups are basically found in LGBT community and based on this the report will provide the detailed description of the issues raised for this group at global level. In addition it will also provide the influences as well as implications in accordance with th...
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...
Questions:1.a.In the given case, the dentist is receiving the fees towards the provision of the professional service. As per the Income Tax Assessment Act 1997, the fees received by the dentist are a part of the taxable income. The dentist has been receiving the fees due to the personal exertion and thus the same is to be included as the part of an income. The income is not always required to be received in cash or monetary terms; it can be in...
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...
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