Answer: Part A The Commonwealth Bank of Australia is a company whose conduct is being considered by the Royal Commission to inquire and report the misconduct in the organization (Tanzer, 2016). Royal Commission started its investigation on the financial service industry regarding the misconduct within its system including forged documents, alleged bribery and others. The Commission in its financial advice closing submission found that cl...Read More
Answer: 1.Issue: The issue is that whether the directors have breached their duties. Law: From the very beginning, the provisions of Section 9 of the Corporation Act 2001 deal with the definition of a director. According to the provisions of Section 9 of the Corporation Act 2001, a person may not be appointed as the formal director of a company, if the nature of the duty of the director is such that it can be regarded as de-fa...Read More
Question: Discuss the ACCC’s possible causes of action (and the likely outcome) and appropriate remedies, if successful. You should support your answer with relevant legislation and case law. Answer: Issue: The issues that have been identified in the given case study are: whether Ohau engaged in misleading and deceptive conduct while advertising for its product ‘ Less is best” and what are the possible c...Read More
Question: Discuss about the Formation of contract under Commercial Law Answer: FORMATION OF CONTRACT Formation of contracts Q # Law that applies explained How this will affect your business: You may add facts here. What is your aim in dealing with this issue Your policy statement and/or process to achieve the aim Mark Leave blank 1. ...Read More
Questions: 1.Advise Thomas, Fatima, Tony and Jack of any rights they may have in this situation and if Mark will be liable under the Tort of Negligence ONLY, giving full legal authority for your answers. 2.Discuss if Jackson or anyone who is affected by the 5-year ban can bring an action for the economic loss suffered against Lipton Pty Ltd; and if they will be successful in such an action. Answers: 1.Issue Whether ...Read More
Question: Discuss about the Business Law of Hardie and Shafron. Answer: Facts of the Case Hardie had employed Mr Shafron in August 1998 as the “general counsel and company secretary”, although it was not until November 1998 that he was formally appointed as the company secretary. Mr Donald Cameron along with Mr Shafron was appointed as the joint company secretary. The board of Hardie in February 2001 met ...Read More
Question: Discuss about the Principles Of Commercial Law Keith and Ruth. Answer: Introduction Whenever there is an accident or injury, many people often associate it with negligence. It is true that ‘Negligence’ from an individual or company can result in harm to an individual and the individual can hold the person or company legally responsible for the injuries. In a general tone, when a person acts carelessly a...Read More
Questions: Did Aldi Breach their Duty of Care by Failing to Meet the Standard of Care? Were Tamara’s Injuries Caused by Aldi’s Actions and are not too Remote? Can Aldi Potentially Rely on the Defense of Contributory Negligence? Can Aldi Potentially Rely on the Defense of Voluntary Assumption of Risk? Will Tamara be able to Recover the Full Value of her Losses? Answers: Introducati...Read More
Question: How Do Application of Principal the Law of Agency? Answer: Introduction An agency relationship is one of the most prevalent and significant legal relations. The relationship starts with two parties. One becomes the principle, and the other one becomes the agent. The sole purpose of the agent is to represent the principal in its dealings. So through the agent, the principal can reach a third party, who is the customer. ...Read More
Question: Discuss about the Commercial Law Freddy Foolish and Brilliant Real Estate’s. Answer: Issue Based on the case study provided, the following issues can be drawn: Whether the employee Freddy Foolish is liable for the act of negligence? Whether the employer Brilliant Real Estate’s Management is vicariously liable for the negligence done by the employee? Law The term “negligence” in its o...Read More
Question: Discuss about the Commercial Law Among the Principal and Agent. Answer: The relationship between the two parties that are the principal and the agent are called as an Agent. The agent has to create an agreement among the “principal” and the “third parties”. “Agency” is thus the relation that exists among the principle and the agent that is a person who has been appointed or aut...Read More
Question: Discuss about the Mandatory Disclosure of Dividend Decision. Answer: Introduction: According to Australian Securities & Investments Commission, for a company to with shared capital to issue share are required to keep a record of all the issues shared on their part which is called as ‘share register’ or ‘the register’. The register is required to have information comprising of members of ...Read More
Question: Disuss about the Whether Tamara would be lawfully accountable to get damages for the act of negligence on the part supermarket or not? Answer: Rule Whenever there has been a failure in order to exercise the standard of care which an individual as a prudent individual should have exercised in certain situations then it amounts to the act of negligence. In the case of Blyth v. Birmingham Water Works Co. neglig...Read More
Question: Discuss about the Corporate Law Ethics for Business Organizations. Answer: Introduction Business organizations are run to make profits. But the enterprise should carry out the business activities without breaking any law. In certain cases the company has not only to respect the law but also certain business ethics. There are certain activities which are not debarred by law but are unethical. If the business engages i...Read More
Question: Discuss about the Consul Developments Pty Ltd. Answer: Introduction In ASIC v Citigroup Global, the two main principles that were stated by the Federal Court of Austria were; (i) the law does not require that an investment bank should not contract out of a fiduciary relationship under some circumstances and (ii) the sufficiency of “Chinese walls” which were sometimes also called "information barriers", ...Read More
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