BULAW 5916 Taxation Law and Practice Assignment Sample

Question 1:

The taxpayer, Components R Us Pty. Ltd., manufactures and sells car components. In 2016 it entered into a ten-year market sharing contract with XYZ, a company in China, whereby Components R Us agreed not to distribute its products in China and XYZ agreed not to distribute its products in Australia.

In January 2021 XYZ Ltd. paid Components R Us $20 million to terminate the 2016 contract. In return for receiving the $20 million, Components R Us agreed to give up its exclusive distribution rights in Australia. The $20 million was based on the estimation of the profit that Components R Us thought it would lose by allowing XYZ to compete with it in the Australian market.

Advise Components R Us as to whether the amount it has received as compensation constitutes assessable income. Refer to case law and statutory provisions in your answer. 15 marks

Question 2

Hardeep is a professional basketball player. On 1 January 2021, he entered into an eight year contract to play basketball for the Adelaide All Stars. Under the contract, Hardeep agrees to play in all of the club’s matches, provided that the coach selects him and he is fit to play. After signing the contract the All Stars pay Hardeep $300,000. The All Stars also agree to pay Hardeep $4,000 each month for his living costs. There is no requirement for Hardeep to repay any of the $300,000 if he fails to play because he is not selected or he is not fit to play.

Advise Hardeep whether he has to include the full amount of the contract monies received in advance in his assessable income for the 2020/2021 income year. Refer to case law, statutory provisions and tax rulings in your answer. 15 marks

Criteria Used to Grade This Assessment

In marking your assignment, your lecturer will place emphasis on whether you have demonstrated an ability to:
• Identify and appropriately explain the range of tax issues connected with the fact scenarios posed in the questions
• Apply case law, legislation, and tax rulings (where appropriate) to the fact scenarios posed in the questions
• Communicate in clear written English
• Format your assignment appropriately

Answer 1:

Issue

The prevailing case analysis reflects about the issue based on the concept of assessable income. It is required to determine whether or not compensation receipt received by the business for breach of contract would form part of assessable income of assesse.

Rules

As per section 6-1 of the ITAA 1997, assessable income is computed by considering ordinary income and statuary income (Awasthi & Engelschalk, 2018). There are mainly two prerequisites of income such as profit must be either is in cash or eligible for converted into cash, and there should be real gain that is also explained in the case of Hochstrasser v Mayes. In the legal case, Federal Coke Co Pty Ltd v FCT, it was contended by the court that, amount that could not be covered into cash by assesse, is not considered as income from ordinary sources.

In the case of compensation receipt, whether or not it is included in the assessable income would be based on the nature of compensation (Abramowicz & Blair-Stanek, 2019). In the context of payment received or compensation obtained due to cancellation of trading contracts it is treated as income and included in assessable income. If there is a breach of any ordinary trading contract, loss of predicted profits, or contract for the sale of goods, then in such case, compensation receipts are considered as ordinary income and therefore included in the assessable income of the person (Hasseldine & Fatemi, 2019). In case of, Heavy Minerals Pty Ltd v FCof T (1966), taxpayer has formed forward contract for sale of goods to its consumers, but because of collapse of market, consumers want to breach this contract. In this, consumer has provided some sum to taxpayer for agreeing to cancel contract and court treated this compensation as income of taxpayer. However, if breach of contract creates impact on fundamental structure of business, then in such case, compensation receipt are considered as capital in nature and same would not be included in the assessable income (Ford & Dibden, 2019). An example of this can be observed in the case of California Oil Products Ltd v FCT, termination of contract assists towards cessation of business, and therefore it is in capital nature. However, if cancelled contract is connectively minor element of the wider business of taxpayer, then compensation is considered as a substitution of income as explained in case of Kelsall Parsons & Co v IRC. Moreover, compensation received would be considered as capital nature if there is cancellation of structural contract, which is an integral element of running business activities of taxpayer as seen in case of Glenboig Union Fireclay & Co Ltd v IRC (Barkoczy, 2018).

In the legal case, Burmah Steamship Co v IRC, it was held by the court that, payment for the losses of capital assets are normally capital in nature and therefore it does not fall in ordinary income. It should be noted that, if the amount of compensation receipt received by assesse replaces the capital assets then it is considered as capital assets. Conversely, if the amount received by assesse leads towards replacement of income then it falls in assessable income (Compensation: CGT and the Replacement principle, 2021). The same aspect has been applied by the court in the legal case, FCT v Dixon; it was held that, compensation receipt takes on the nature of item that is replaced by it.

Apart from this, undissected lump sum amount consists of compensation received for loss of income and loss of capital assets. Where assesse received payment with respect to unliquidated damages, then in such case, courts are averse to apportion receipt into income and capital, and therefore whole sum is considered as capital receipt (Sadiq et al., 2020). In the legal case, Mc Laurin v FCT, property of assesse has been damaged because of fire and compensation has been received for damages. In the cited case, it was held by the court that, not any part of income was considered as ordinary income. Payment has been made for claiming of unliquidated damages and it is accepted by person under compromise, and therefore it is considered as single undissected amount (Taxation Ruling, 2021).

Application

By considering the given case scenario, it has been noticed that the compensation received by R Us of $20 million from the XYZ Ltd. This compensation has been received because of breach of contract as earlier both entities has been entered into contract for non-distribution of their goods in particular area. By this contract, R Us agreed not to sale its goods in China, and XYZ agrees not to sale its goods in Australia. However, by making payment of $20 million, XYZ limited has terminated contract and can sale goods in Australia. By applying the judgment given in the case of FCT v Dixon, compensation receipts treated as an item that is replaced by it. Since, in the given case, compensation is mainly for the loss of business profit of the R Us company and therefore such amount replaces its ordinary income. Further, by application of provisions of undissected lump sum receipts, it can be said that, compensation received by R Us is only for loss of income and not comprised with loss of capital assets. Therefore, $20million is not considered as undissected lump sum receipt, and therefore this amount is not considered as capital nature receipt of assesse. It has been given that; amount of compensation was based on anticipated loss of business profit of R Us, and does not create impact on fundamental business structure of an entity. All these aspects suggest that, $20 million replaces what will have been profit, and therefore it would be assessable as income.

Conclusion

On the basis of the afore-mentioned analysis, it can be concluded that, $20million received by R Us from XYZ Company would be included in the assessable income of taxpayer. It is because, $20million received by R Us for breach of contract or it can be said that, it is compensation for business losses of R Us, which would be suffered by it because of giving up of exclusive right of selling of goods in Australia.

Answer 2:

Issue

Prevailing case scenario contained issue of analysis of ordinary income of assesse and whether it would be included in the assessable income of taxpayer or not. With this aspect, by application of rules of ITAA 1997, it is required to provide advice to Hardeep, whether above mentioned sum would be included in assessable income.

Rule

According to section 6-5(1) of the ITAA 1997, assessable income of the taxpayer comprises with income as per ordinary sources. Therefore, ordinary income can be explained as income generated by person as per usual concept. There are several case laws that reflected income for the purpose of tax its general meaning, and it does not comply with any particular definition. In order to assess income as ordinary income, it is essential that there must be existence of prerequisites of income and characteristics (Stantcheva et al., 2020).

Following are the prerequisites of income:

• The profit should be received in cash or can be convertible into cash.

• Real gain should be availed by taxpayer (Lewis et al., 2019).
In the case of FCT v Cooker & Sherden, free holiday has been received by taxpayer from the company for selling of particular number of soft drinks. In the cited case, court held that, receipt from holiday would not be regarded as ordinary income as it was non-cash convertible.

Further, characteristics of income has been explained as follows:

• The profit should be regular or received in a periodic manner. It can be said that a profit that is received on regular basis is more probably considered as ordinary income as compared to lump sum amount (Plakhtii, Fedoryshyna, & Tomchuk, 2019).

• If anything ‘flows’, then it is more probable to consider as ordinary income.

• Ordinary income should be received by recipient (Bailey & Hagan, 2016). In this aspect, an amount is considered as ordinary income if it comes to the person in that specific income year. It has been stated under Section 6-5, if the amount is derived by entity, then it is considered as amount has come into entity. Due to this, unrealized amount could not be regarded as ordinary income for that specific income year.

It should be noted that, extraordinary and isolated transactions may leads towards capital nature, however it may be considered as ordinary income if it forms a business itself, and satisfy first and second criteria explained in case of FCT v Myer. In the context of forms of business itself, it is required to make difference between mere realization of a capital goods assisting towards capital gain, and profit made because of carrying business activities, assisting towards ordinary income (Taylor, Walpole, & Burton, 2020). Further, first strand of Myer reflects that, extraordinary and isolated transactions would be considered as ordinary income if there is commercial activity, profit generating intention at the time of entering into transactions, and it was generated by the way of consistent with original purpose (Managing employee relocation costs in a tax effective manner, 2021). Further, second strands of Myer reflects that, receipts from transactions would be considered as ordinary income if assesse sells the right of income from asset without selling of the underlying assets.

Further, it should be noted that, Section 15-2 states that, assessable income of person comprised with the amount of all allowance, compensation, benefits, bonus amount, premium that has been offered in relation to employment of or services provided in direct manner or in indirect way (Income tax assessment Act 1997, 2021). As per TR92/15, payment is considered as an allowance in which person has been paid a particular amount for covering of predicted expenses. It is paid notwithstanding of whether or not expenses has been incurred by assesse, and it is on the discretion of recipient whether to spend allowance (Burton, 2018).

Application

By considering the given case analysis, $4000 is definitely included in the assessable income of the taxpayer as it is generated from ordinary sources. There is clear connection between the services provided by Hardeep and this receipt, which reflects a number of indicators of income, consisting of regularity, connected with personal services, and some others. Therefore, there is not any doubt about inclusion of $4000 in the assessable income of person. Further, it has been identified that, All Star also paid $300000 to Hardeep for signing of the contract. Above analysis reflects that, it is not always essential that lump sum payment is in capital nature and therefore it does not included in the assessable income. Sometimes, extra ordinary and isolated transactions would also consider as ordinary income if profit has been made by carrying business activities. further, by considering the two characteristics of income, it can be said that $300000 is not regular or periodic gain of Hardeep, but it is just an indicator and only on the basis of this, it cannot be said that, cited amount is not ordinary income. Another characteristic is based on flow, which reflects that if something flows, then it is more probably considered as ordinary income. Further, by applying section 15-2, any allowance or benefits that have been offered in connection with employment would be included in the assessable income. Therefore, by application of statuary provision, it can be said that, $300000 has been provided to taxpayer directly in connection with services provided by him, and therefore it will be included in the assessable income.

Conclusion

On the basis of afore-mentioned analysis, it can be said that, $4000 would definitely include in the assessable income of Hardeep as it is considered as ordinary income as per section 6 of the ITAA 1997. Further, in the context of $300000, it is also considered as assessable income by application of section 15-2 of the ITAA 1997, which reflects that any amount or benefit received in relation to employment and personal services would be included in the assessable income. Overall, it can be said that, it is required by Hardeep to include $300000 and $4000 as contract money received from All Star in the assessable income of 2020-2021 income year.

BULAW5914 Commercial Law Assignment Sample

Assignment Brief

Topics covered by Assignment - Topics C & D
Maximum word limit - 3000 words
Total marks - 30
Percentage of final grade - 30
Referencing - APA 7th edition or AGLC 4th edition (available online)

Assessment criteria:

The assignment will be assessed on the extent to which the student has:

? Conducted independent research relevant to the topic, including the use of secondary legal sources including, several legal texts, authoritative materials from internet sites and academic (peer reviewed) journal articles and books.

? Answered the set question(s) through identification and discussion of relevant legal issues.

? Demonstrated an understanding of the topic, presented different points of view (if applicable), presented well-constructed arguments and demonstrated critical thinking.

? Provided proper citations for legal sources in footnotes and a bibliography or reference list.

? Used clear expression.

Assignment Topic:

Students should refer to relevant case law and legislation in their response for assignment help

Question 1 (15 marks)

Hubert is a solicitor in an old, established and respected law firm. Cyril is a longstanding client and friend, who has long entrusted some of his most delicate family matters to Hubert.

In the course of advising Cyril as to how best invest his large amounts of money, Hubert suggests that, given five years, a particular piece of property will probably be worth much more than it is now. Coincidentally, the property belongs to Hubert’s wife Marion.

Cyril enters into a contract to purchase the property, but before taking possession discovers that it is flood-prone and salt-affected, and that it is highly likely that he will make a loss on resale. Cyril desperately wants to get out of the contract.

Advise Cyril if he can avoid the contract? If yes, explain the principles of Contract Law he should rely on. Refer to at least one case in support of your answer. (15 marks)

Question 2 (15 marks)

The exit from Opal Ltd.’s loading dock is via a poorly lit alley between two buildings. The alley crosses a footpath before emerging into the main street. Drivers and passing pedestrians have difficulty seeing one another and Opal Ltd has, therefore, put a large sign near the end of the alley reading, ‘Drivers must sound horn’. It also considered placing convex mirrors on the side walls of the buildings at the end of the alley so that drivers could check for approaching pedestrians but discarded the idea because it would have been very expensive and because ‘no-one else does it anyway’. Phil, who had just made a delivery to Opal Ltd, drove out of the alley sounding his horn as he did so. Unfortunately, Quinlin, a profoundly deaf pedestrian who was approaching the entrance to the alley at the time, did not hear the horn and, as Phil emerged from the alley, his truck struck Quinlin and injured him badly.

Required:

Are either Opal Ltd or Phil liable to Quinlin in negligence? Analyse each elements of the tort of negligence with reference to relevant case laws in support of your answer. (15 marks)

Solution

Question 1

When an individual forms a contract with another individual, they must consider all the laws related to the agreement if any issue arises. Therefore, individuals need to understand the legal system that governs contracts. On the other hand, it is also necessary for both parties to understand the consequences they might face if any type of exception is made (Welmans & Naughton, 2018). If an individual or a party enters into a contract with the Australian parties, that is overseen by the Australian State or Territory. They should have a good idea of the various aspects and the principles of Australian contract law. Australian contract law is mainly based on the "English common law" and not on any type of statute law.

In the above case study, it can be seen that Hubert is a solicitor in a law firm, and Cyril is his client. Hubert and Cyril are closely associated with each other, and Hubert informs his friend that if he invests a large amount of money in a particular property, he might get a much bigger return from the property five years from the present time. Coincidentally, the property Hubert advised his friend Cyril to buy is the property of Hubert's wife. Therefore, with the assurance of his friend, Cyril entered into a contract to purchase the property mentioned above. However, before he took possession of the property, Cyril discovered that the property was highly damaged by salt and was prone to flood. Therefore, Cyril will experience significant losses other than earning a profit if he decides to sell the property years later.

One of the most important principles followed by the Australian contract law is the freedom of contract. This states that the parties bound by the contracts can choose to strike the bargain of their choices (Micklitz et al., 2018). However, it is observed that there are mainly six principles of contract law. These are known as agreement, consideration, intention, capacity, genuine consent and legality.

The first principle is called the principle of agreement. This principle states that both parties must agree to a particular offer, and to validate the offer, both parties must consent to the agreement. Therefore, one party must make a clear and precise offer to form a contract. Meanwhile, the other party has to accept that offer. The second principle is known as consideration. It states that other than a few exceptions, there must be considerations that have to be made before a contract is legally formed (Awdry & Newton, 2019). Other than that, contract formation cannot go ahead. Consideration is known to be the promised exchange between two parties. Therefore, it can be considered that consideration might be of any form, such as payment of money or delivery of products or services. Promises need to be made so that the other party cannot enforce any kind of new rule without consent.

The third principle is known as intention. According to this principle, each person or party, while they are entering into a contract, needs to have an intention of being bound by it. Therefore, if a person is to be bound by a legal contract, then they must have a serious intention to create "legal obligations" (Thompson, 2018). They must also intend that the contract is a form of a legal agreement and may have legal consequences. The fourth principle is known as capacity. According to this principle, both parties must possess the capacity to understand the actions taken by them. According to the common law observed and maintained in England, any individuals other than a few exceptions are eligible to enter into a legal contract.

However, the individuals that are considered exceptions might not have the necessary capacity to enter into a legal contract. These individuals are people under the age of 18, people with mental impairment and people under alcohol and drug influence (Phang, 2021). Therefore, if a person wants to avoid a contract, they must ensure that they lack the capacity to enter a contract and the other party is aware of their inability. On the other hand, the same can be said for individuals with mental instability or those who are intoxicated.

The fifth principle that is vital in Australian contract law is known as genuine consent. It states that both parties can enter into or form a contract of their free will. However, genuine contracts might be affected by some issues. For example, undue influence can be observed while a contract is being formed (Frawley, Goh & Law, 2019). This occurs when one party influences the other concerned party in a way where they enter into a contract involuntarily. Therefore, if the influence is “undue”, then the court may set aside the contract. It can also be seen that there might be any kind of misinterpretation while forming the contract. This happens when one party provides false information to the other party while they are forming a contract with each other. Therefore, if an individual forms a contract while relying on misleading information and suffers property loss, then they may cancel the contract.

Duress is known to be threatening violence that is used to earn a contractual promise (Wiseman, Sanderson & Robb, 2018). Therefore if it is observed that the contract is earned with duress, then the weaker party may avoid the contract with the stronger party. On the other hand, unconscionable conduct is also helpful in dealing with transactions between weaker and dominant parties. Therefore, it sometimes overlaps with undue influence and duress. The sixth and final principle is known as legality. It states that every part of the matter of the contract has to be legal. On the other hand, it is also seen that financial agreement, section 90UJ and 90G of the “family law act” are considered to be relevant (Foong, 2018). This requires every party to a financial agreement so that they can receive legal advice independently. This also states that the parties must meet certain requirements before proceeding with a financial agreement.

Therefore, the principle that can be applied in the case of Cyril is the genuineness of contract and agreement. As Hubert convinced Cyril to purchase the property concern, he entered into a contract to buy the property without giving much consideration to the property. One of the most notable cases that happened regarding the genuineness of contract in the case "Carlill vs Carbolic Smoke Ball", which took place in 1893 (Williams, 2019). In this particular case, the defendant, in this case, the “Carbolic Smoke Ball Company”, placed a particular advertisement in a newspaper to advertise their products. They stated that if any individual purchased their products and used them and still came into contact with influenza, then they would be given 100 British pounds in return. The company also deposited 1000 British pounds in a bank account so that this could act as a reward. Mrs Carlill, an individual living in England, purchased the smoke balls. Even after she used the smoke balls, she came in contact with influenza. Therefore, she proceeded to claim £100 from the company (Thompson, 2018).

Meanwhile, the defendant denied the claim and claimed that the advertisement was merely an invitation to a treat and was not an offer. The claim was not true to its intent and could not be made to the world. Meanwhile, the claimant stated that she could not accept the statement provided by the company and said that the wording used in the advertisement was not clear and was insufficient. She also said that the company did not keep any kind of consideration to the necessary law while creating a contract. This created an uncomfortable environment for both the defendants and the claimant. Therefore, they had to go to court to settle the issue (Micklitz et al. 2018).

After the case was presented to the "Court of Appeal", it was observed that the court was able to solve the case after a considerable amount of time. The court found the advert mainly amounted to the offer for a particular contract which is unilateral by the defendant. On the other hand, the court also found that Mts. Carlill agreed to the conditions provided by the defendants. However, the court also found that the assertion of the company in terms of a strong intent was negated by their own advertisement claims and strongly lacked sincerity (Welmans & Naughton, 2018). Therefore, the court rejected the arguments made by the company and stated that a contract was indeed in place. Therefore, the court provided a verdict that the company would have to provide £100 to the defendant, in this case, Mrs Carlill.

Therefore, it can be considered that Hubert provided false information to Cyril in terms of purchasing the property. On the other hand, it can also be visible that Cyril entered into a contract under the influence of Hubert. Therefore, Cyril might appeal to the court regarding this case and claim that he was given false information because the property that is being sold to him is the property of Hubert’s wife. Thus, the court can help him negate the contract.

Question 2

Negligence usually takes place when one person is responsible for causing damage to the property of another individual or the individual himself/herself carelessly or recklessly (Fraley, 2018). This occurs when an individual performs a certain action or fails to perform a necessary action at a given time. In the given case, it is seen that the entrance alley of Opal Ltd. is poorly lit, and drivers and pedestrians have trouble seeing each other while they are inside the alley. They also kept a sign in front of the alley and made it mandatory for the drivers to sound horns. They considered placing a convex mirror in front of the sidewalls of the company building but decided not to go forward with it. On the other hand, it can be seen that Phil, a delivery truck driver, sounded his horn while exiting the alley and came in contact with Quinlin, a deaf man. As Quinlin was unable to hear the sound of the horns, Phil unintentionally hit him and badly injured him.

Therefore, it can be seen that the company has been irresponsible to a great extent. According to the laws of the court, it can be considered a tort of negligence (Holly, 2020). It can be observed that there are several elements of negligence. These elements are known as the "duty of care", "breach of a duty of care", "cause of damages", and "damages".

The first element is known as the duty of care. Therefore, to determine negligence, it needs to be considered whether the defendant owes the plaintiff a "duty of care". It is seen that there ar4e multiple situations where a legal duty is formed in the relationship between the plaintiff and the defendant. Therefore, when the relationship is recognised by the law, then the duty of care appears. Therefore this states that one party has the same level of duty and obligations as the other party when a particular situation arises (Gordon, 2021). Therefore, in case of an unfortunate event, one party must take responsibility for the consequences suffered by the other party.

The next element of the tort of negligence is known as the breach of duty. This is considered to be the element that becomes valid when an individual does not perform any duty that he is supposed to do or is doing something that he is not supposed to do. A jury might consider the defendant to be negligible if an average person has knowledge of everything that the defender has knowledge of or might have been aware of the fact that their action might cause harm to any individual (Cooney, 2021).

On the other hand, the third element of the tort of negligence is known as the causation or the cause, in fact. It requires the defendant to show that the negligence or the breach of duty of the defendant is responsible for the injury suffered by the plaintiff. Another thing that needs to be considered is if the defendant was able to foresee whether his or her action had the potential to cause their injury. Therefore, if the action that is taken by the defendant was of an unexpected kind of nature and caused injury to the plaintiff, then they can be deemed as not responsible for the injury caused to the plaintiff, and charges cannot be taken against them (Gordon, 2021). On the other hand, the “proximate cause” is considered to be an event which is related to the injury and which might have been the cause of the injury in concern. It is also known to be an action that is responsible for the formation of predictable consequences without being intervened by any other party. This is also known as the “legal cause”.

Damage is known as the final element of negligence. If the plaintiff suffers any kind of injury or damage due to the actions of the defendant, then they are eligible for compensation. The plaintiff might experience damage in numerous ways. This includes the care of medical, any type of emotional turmoil or lost wages (Cheluvappa & Selvendran, 2020). Therefore, if the defendant, voluntarily or involuntarily, causes any kind of damage to the plaintiff when they are fully aware of the consequences, then they are bound to provide compensation to the plaintiff. On the other hand, if unforeseen events cause damage to the plaintiff, then the defendant might avoid giving expenses to the plaintiff.

One notable case in the tort of negligence is known as the “Bolam v Friern Hospital Management Committee'' case that took place in 1957. This is also known as a case that contributed to the reconstruction of the tort of negligence. In this case, it was seen that the claimant, known as Mr Bolam, was admitted into a mental healthcare hospital. He was undergoing electroconvulsive therapy to treat his mental illness. Therefore, it was the responsibility of the doctors to give proper care and healthcare services to the patient according to the practices observed in the hospitals and give assurance to him that the therapy is necessary for him to recover (Stoyanova, 2020).

Meanwhile, it can be observed that the patient had doubts and questioned the practices of the doctors. While undergoing the therapy, doctors did not give him any type of relaxant drug, and as a result, he suffered a fracture. However, if a relaxant drug was not given to him, then they could have suffered from a small chance of death instead of having a small chance of fracture. Therefore, it was deemed that the hospital did not breach its duty and did what was best for the patient (Allars, 2020).

On the other hand, in this case, it was observed that a test was performed to determine the care standards in the hospitals. This is also known as the “Bolam Test”. After performing the test, it was determined that there was no breach of duty or causation in this case. This is due to the fact that the healthcare professionals acted as per the practices recommended by other medical experts in that particular field of study (Goudkamp, 2019). Meanwhile, it was also found that the patient would have also experienced early demise if relaxant drugs were not used on him. Meanwhile, the fracture was unintentional; and unforeseen as it was an exceptional case, and this practice would be considered safe. Thus, the court gave a verdict in favour of the defendant.

Another instance where negligence has been found is the case of "Palsgraf v Long Island Railroad". This particular case took place in 1928. In this case, the claimant was standing on a railway platform and was purchasing tickets. While she was busy purchasing tickets, two men ran to catch a train that was leaving the station. However, one of those two men tripped. While the railway staff was busy helping him, they mistakenly caused a box full of fireworks to fall. As a result, the fireworks exploded. This also caused a set of scales to explore. Meanwhile, it can also be observed that due to the falling of scales, the plaintiff was injured. The defendant made an appeal to the supreme court of the US and stated that they were not responsible for the accident to take place.

In the end, the court stated that the defendant was not in any way liable to the plaintiff. Meanwhile, it was also determined that the plaintiff must bring proof of negligence so that she could prove that there had been some sort of violation of her rights. Even though it was determined that the railway guards were responsible for the fireworks to fall down and being ignited, they were not directly responsible for the injury caused to the plaintiff. There was no previous indication that the content inside the box was fireworks or it would cause any sort of injury to anyone. Meanwhile, the plaintiff was standing away from the box, and the injury caused to her was because of an accident. Therefore, the court gave a judgement in favour of the defendant.

In the current scenario, it can be seen that Opal ltd. had the responsibility to guide both the pedestrians and the drivers as the entrance to their office were dark and not suitable. They also had the responsibility to set up convex glasses that could have potentially prevented the accident for the plaintiff, Quinlin, in this case. However, they chose not to as it would be expensive. Therefore, Opal Ltd. is liable to Quinlin for negligence. They also need to pay compensation for the damages caused to Quinlin. However, Phil followed the guidelines set by Opal Ltd. and had not foreseen the accident that was caused to Quinlin. He tried his best to avoid the accident but, due to the unfortunate circumstances, could not manage to do so. Therefore, it can be stated that Phil is not directly Liable to Quinlin for negligence.

References

Allars, M. (2020). Private Law Remedies and Public Law Standards: An Awkward Statutory Intrusion into Tort Liability of Public Authorities. FIU L. Rev., 14, 5. https://heinonline.org/HOL/Page?handle=hein.journals/fiulawr14&div=5&g_sent=1&casa_token=

Awdry, R., & Newton, P. M. (2019). Staff views on commercial contract cheating in higher education: a survey study in Australia and the UK. Higher Education, 78(4), 593-610. https://link.springer.com/article/10.1007/s10734-019-00360-0

Cheluvappa, R., & Selvendran, S. (2020). Medical negligence-Key cases and application of legislation. Annals of Medicine and Surgery, 57, 205-211. https://www.sciencedirect.com/science/article/pii/S2049080120301989

Cooney, H. (2021). Causation and Contributory Negligence: The Use and Misuse of Causal Concepts in Cases of Misleading Conduct. University of Western Australia Law Review, Forthcoming, 49(1), 2022. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3966157

Foong, P. (2018, January). Stemming the tide of unproven autologous stem cell therapies in Australia. In University of New South Wales Law Journal Forum (No. 2018, pp. 1-9). https://search.informit.org/doi/abs/10.3316/INFORMIT.210819141631861

Forwood, M. R. (2018). Whither no-fault schemes in Australia: Have we closed the care and compensation gap?. Alternative Law Journal, 43(3), 166-170. https://journals.sagepub.com/doi/abs/10.1177/1037969X18787552

Fraley, J. M. (2018). Liability for Unintentional Nuisances: How the Restatement of Torts Almost Negligently Killed the Right to Exclude in Property Law. W. Va. L. Rev., 121, 419. https://heinonline.org/HOL/Page?handle=hein.journals/wvb121&div=15&g_sent=1&casa_token=

Frawley, T., Goh, E., & Law, R. (2019). Quality assurance at hotel management tertiary institutions in Australia: An insight into factors behind domestic and international student satisfaction. Journal of Hospitality & Tourism Education, 31(1), 1-9. https://www.tandfonline.com/doi/abs/10.1080/10963758.2018.1480961

Gordon, E. (2021). The Statutory Foundations of Negligence. By Mark Leeming.[Alexandria, NSW: The Federation Press, 2019. xxx+ 194 pp. Hardback $135.00. ISBN 978-1-760-02195-5.]. The Cambridge Law Journal, 80(1), 194-197. https://www.cambridge.org/core/journals/cambridge-law-journal/article/abs/statutory-foundations-of-negligence-by-mark-leeming-alexandria-nsw-the-federation-press-2019-xxx-194-pp-hardback-13500-isbn-9781760021955/A1DCE58DCEFC440ADD64902BC482A878

Goudkamp, J. (2019). Book review: A History of Australian Tort Law 1901-1945: England's Obedient Servant?'by Mark Lunney (Cambridge University Press, 2018). Professional Negligence, 35(2). https://ora.ox.ac.uk/objects/uuid:92112a98-abf5-4843-ab27-86f0a4a6dec3

Holly, G. (2020). Challenges to Australia's Offshore Detention Regime and the Limits of Strategic Tort Litigation. German Law Journal, 21(3), 549-570. https://www.cambridge.org/core/journals/german-law-journal/article/challenges-to-australias-offshore-detention-regime-and-the-limits-of-strategic-tort-litigation/E76D7E0F03251A5465314297262EC301

Micklitz, H. W., Howells, G., Marques, C. L., & Naude, T. (2018). Dissemination of Consumer Law and Policy in Africa, Asia, the Americas, and Australia. Journal of Consumer Policy, 41(4), 303-307. https://link.springer.com/article/10.1007/s10603-018-9395-y

PHANG, A. (2021). Giants of contract law–Some personal reflections. Singapore Law Journal (Lexicon), 2, 1-52. https://ink.library.smu.edu.sg/sljlexicon/17/

Stoyanova, V. (2020). Common law tort of negligence as a tool for deconstructing positive obligations under the European convention on human rights. The International Journal of Human Rights, 24(5), 632-655. https://www.tandfonline.com/doi/full/10.1080/13642987.2019.1663342

Thompson, S. (2018). Feminist relational contract theory: a new model for family property agreements. Journal of Law and Society, 45(4), 617-645. https://onlinelibrary.wiley.com/doi/abs/10.1111/jols.12132

Welmans, L., & Naughton, J. (2018). The'interest'based penalty tests in'Paciocco'and'Cavendish/Parkingeye'and the law of penalties and damages in Australia and the United Kingdom. University of Western Australia Law Review, 44(1), 174-189. https://search.informit.org/doi/abs/10.3316/INFORMIT.444215739612074

Williams, C. (2019). Protection of trade secrets in Australia. Message from the Immediate Past Section Chair, 32(1), 11. https://www.researchgate.net/profile/Seyed-Rowhani-2/publication/337089891_Weakening_the_Structure_of_Economic_Sanctions/links/5dc493214585151435f2f616/Weakening-the-Structure-of-Economic-Sanctions.pdf#page=11

Wiseman, L., Sanderson, J., & Robb, L. (2018). Rethinking Ag data ownership. Farm Policy J, 15(1), 71-77. https://research-repository.griffith.edu.au/bitstream/handle/10072/382094/WisemanPUB6097.pdf?sequence=1

CL4304 Public Law Assignment Sample

Assignment Brief
Module credits 30
Assessment period - spring
Assessment value of this piece towards module mark - 100%

Rubric

There are NINE questions in this paper

All questions carry equal marks Answer TWO questions in total

You MUST answer ONE question from Part A (problem questions), and you MUST answer ONE Question from

Part B for assignment help

Word limit the word limit is 1000 words per answer You must combine your answers into one document

SECTION A

THIS QUESTION IS COMPULSORY

1. Section 7 of the Public Libraries and Museums Act 2021 (fictitious) provides that ‘it shall be the duty of every library authority to provide a comprehensive and efficient library service for all persons desiring to make use thereof’.

Last month, Caster Bridge Library Authority reopened its central library after a period of closure owing to the coronavirus pandemic. ‘Everyone who has been vaccinated against SARS-Cov-2 (the coronavirus at the centre of Covid-19) will be welcomed,’ announced Peter Hardy, the Authority’s head of library services.

Advise:

Dan Morgan is a local journalist and regular user of the library. He was recently refused entry to the library, despite being fully vaccinated against the virus. Morgan wrote to Hardy asking for an explanation, but his request was declined. Morgan suspects that the decision is connected with tweets from his twitter account alleging that Porter breached lockdown rules.

The Casterbridge Butterfly Society has learned that Hardy ordered the destruction of the ‘Frederick Sassoon Special Collection on Butterflies of Africa’, on grounds of the author’s associations with the African slave trade. The Society seeks to preserve this irreplaceable record of natural history for the benefit of the public.

After being approved access to the library, Emily Wing is informed that there is a new membership fee of £1000 a year to borrow books.

Dan Morgan, The Casterbridge Butterfly Society, and Emily Wing seek your advice on grounds and remedies available to them under the judicial review process.

SECTION B

ANSWER ONE QUESTION FROM THIS SECTION

2. ‘Brexit exposed the flaws of the UK’s uncodified constitution, strengthening the case for codification.’

Describe and analyse the case for a written constitution for the UK in light of this statement.

3. ‘The Constitutional Reform Act 2005 strongly separated the judiciary from the legislature and the executive, but the case for doing so is unclear. The 'old system' was not broken.'

Describe and analyse separation of powers under the UK constitution in light of this statement.

4. ‘In continuing to emphasise the reliance on common law constitutional rights the case of Unison [2017] UKSC 51 shows that Dicey’s concept of the rule of law is still highly prominent in the UK constitution.’

Describe and analyse the principle of rule of law within the UK constitution, drawing on cases to illustrate your answer.

5. ‘The concept of Parliamentary sovereignty which has been fundamental to the constitution... means that Parliament can do anything.’ [Lady Hale]

Describe and analyse the principle of parliamentary sovereignty, citing cases to illustrate your answer.

6. ‘UK ministers are being delegated some of the broadest legislative powers ever seen in peacetime.’

Describe and analyse the use of delegated legislation in light of this statement.

7. ‘Welsh devolution has progressed rapidly, to the point that the Parliaments of Cardiff and Edinburgh have broadly similar powers. That is to be welcomed.’

Describe and analyse devolution under the UK constitution in light of this statement.

8. ‘Conventions don’t just fill in gaps in constitutional law they alter the effect of the law itself. The UK constitution relies heavily upon them for its efficient and legitimate operation.’

Describe and analyse the role of conventions in the UK constitution.

9. Describe and analyse the case for reform of the Human Rights Act 1998.

Solution

Section A

Answer to question 1

Introduction

In the given discussion, there will be advice given to Dan Morgan, Caster bridge Butterfly Society, and Emily Wing. The advice would be given to these parties based on the fact that they should be able to have judicial remedies. In the case of Dan Morgan, he is not allowed to use the library even though he is vaccinated. The Caster bridge Butterfly Society has faced the challenge of stopping the demolition of Frederick Sassoon's Special Collection on Butterflies of Africa. Finally, Emily Wing will be advised that she has been informed about a new membership fee of 1000 pounds to borrow books from the library.

Discussion

Advice to Dan Morgan

In the per given case, Dan Morgan, a local journalist and a user of the library has been denied the usage of the library under the grounds of vaccination. However, Dan Morgan has claimed that he has been fully vaccinated and that he has been refused to enter the library because he had alleged Porter to have breached the rules of lockdown. Hence, Dan Morgan has insinuated that since he had alleged Porter, who is likely to be an ally of Peter Hardy, breaking the lockdown rules, he has been refused to use the library services. According to Section 7 of the Public Libraries and Museums Act 2021, every library authority has to provide a library service that is not only efficient but also comprehensive to every individual. However, due to Covid-19, the rules have changed, and people are compelled to vaccinate before using the library. Hence, people who are not vaccinated are not allowed. Therefore, if Dan Morgan had not been vaccinated, then refusing him the services of a library could have been understandable. However, he has been vaccinated; therefore, the refusal of Dan Morgan is a breach of the Act. Therefore, Dan Morgan can take three actions to resolve the situation, and the three options have been discussed below:

• Responding to the consultation of the council on the proposals for library services.
• Raising questions at the council meetings.
• Making an official complaint to the Secretary of the State (GOV.UK, 2022).

Since Peter Hardy has refused to explain to Peter Hardy, he should complain to the Secretary of the State and tell him that his refusal to attend the library services can be because of a personal vendetta that Peter Hardy has against him.

Advice to Casterbridge Butterfly Society

According to this case, the Casterbridge Butterfly Society has learned that Peter Hardy has ordered the collapse of the Frederick Sassoon Special Collection on the Butterflies of Africa. The grounds for complaint are that Peter Hardy has claimed that Fredrick Sassoon had an association with the slave trade in Africa. Society seeks to preserve the irreplaceable record because it is a part of history that is very important. Therefore, the records are being kept as a historic site. The Casterbridge Butterfly Society has to claim that natural history records show African history. Even if Frederick Sassoon had associations with the African Slave trades, the historical records would not qualify to be demolished because the records do not concern the association with Frederick Sassoon.

Furthermore, the law for protecting heritage in the UK states that historical sites must be retained and explained. Therefore, the records must be retained. It must be explained. Also, as per the current law in the UK, the people who want to remove a historical place will require planning permission or building consent. However, even if the government has granted the site's demolition, the society to which the records belong will be held questionable (Legislation.gov.uk, 2022). When the Casterbridge Butterfly Society is questioned, they will have to explain how the association of Frederick Sassoon does not necessarily demean the status of the records. There is another method by which the Casterbridge Butterfly Society can prevent demolition. That is to prove that Frederick Sassoon did not have any kind of association with the slave trade in Africa.

Advice to Emily Wing

The given case states Emily Wing, who has applied for the books borrowing services from the library, has been given access. However, after being approved, she has been informed that the new membership will cost 1000 pounds per annum to borrow the books. One thousand pounds per annum is a huge sum of money that might not be accepted from the part of Emily to pay the library for borrowing the books. Considering that Emily Wing was not informed about the fees and after getting access to the library, she was asked to subscribe 1000 pounds per annum to borrow books; she can have a judicial remedy.

As per the memberships provided by British Library, the normal membership fee per annum is 80 pounds, the joint membership fee is 120 pounds, and benefactor member fees is 500 pounds (The British Library, 2022). Therefore, it can be concluded by saying that the library whose access Emily has gotten is charging excess of membership fees. Therefore, giving Emily access before making her aware of the membership fee of 1000 pounds per annum qualifies to be a fraud. The UK library policies tolerate zero fraud policy therefore, Emily Wing should report the incidents to the Action Fraud either on the Action Fraud website or by calling in the number 03001232040 (Actionfraud.police.uk, 2022). The Action Fraud centre is where Emily Wing would receive advice on the scam or the fraud that had taken place with her.

Conclusion

As per the above discussion, it is fair to state that Dan Morgan and Emily Wing would easily get the justice they deserve. However, in the case of Casterbridge Butterfly Society, it might not be the case because it will depend on the intensity to which the society can convince the judiciary about the non-association of Frederick Sassoon with the slave trade in Africa.

Section B

Answer to question 9

Introduction

Human rights act 1998 is the law in the UK promoting the equality and fair treatment of all the people. It includes various rights that need to be followed by all the people. The important principles included are treating all people fairly with dignity, equality, respect, and independence. The government in the UK wanted to take steps regarding protecting human rights and the implementation of the Act led to change in the political and legal system. The main reason for reforming the Human Rights Law in the UK is that the framework had various flaws. There was an increase in the right culture which removed the importance of responsibility toward the individuals and the public. There was a presence of uncertainty in the legal environment and also confusion.

Discussion

Analysis of the case for reform of the Human Rights Act 1998

In the case of Abu Qatada, the person was from Jordan and was arrested and they wanted to send him to Jordan about the case. Still, he was not deported because the human rights act under article 6 stated that the people who argued against him were tortured to speak against him. In another case, Strasbourg Court provides the prisoners the right to vote. The Human Rights Act also aims to support the living instrument to increase the importance of rights and article 8 of the human rights gives a lot of importance to the private and human life. Various conventions are brought in by the Human rights act to protect children from abuse. The Human right act 1998 has all the cases setting up the substantive right listed in the convention. The human right act has made it mandatory for the courts in the UK to take the advice of the European human right for taking all types of decisions, or judgments. In the case of Lourd Tucson, who served as the supreme court judge, the court started considering the earlier decision taken by the court of Strasbourg. Still, it does not apply to all cases and taking the same decision may not be favourable. In the case of the human rights act 1998 it is argued that the people promote the various human rights changes regarding human rights like voting or others but they have not followed and causing harm to others is the main problem. In the case of one human rights case was filed by the prisoner about the community worship and another on medically fit food was not provided all this cost huge legal fees being paid. There are various cases filed with the human rights similarly but some of the cases files wasted the time and found that they were not so this led to the people not trusting the Human rights law. In the case of the Turkish National, there was physical harm caused his appeal was allowed on deportation in consideration of him married to a UK national and has residence under the law article 8 of Human right he was approved his appeal. The main reason for the UK Human right Act to be replaced is to reduce the problems and it is thinking to bring the Bill of Rights in place to replace the old system. The UK has updated the Human right Act and provision in 2020 and analysed if any changes need to be done. It wants to reform the law after analysing all the factors it wants to separate the power of courts and the parliament. It wants to make diverse changes in the legal system. The UK is asking for the point of view of all the nations of the UK to protect the rights of humans and have diversity in the formulation of decisions. The UK government has promised to consider all the responses that will be given. The human rights laws established in 1998 are a bit old and now require the application of common sense to be faithful and follow human rights principles. The replacement of human rights, which is the Bill of Rights, will help protect the right of humans and the right to life, which are the fundamental rights. The Human right Act is considered to function better today than before because before people had to take all their cases to the Strasbourg court only but today the people can take their cases to other courts as well. The Act of human rights is set by respecting the parliament as well. The court started the review of human rights in the year 2020. The various cases can be filed with the Human Right Act against government organizations, police, or others for treatment in an unfair manner, violating human rights. These rights are not only for the people of UK citizens but they also apply to all the people whether their citizens of the UK or not. The human rights laws have European conventions to be followed by the courts while giving the judgments about the various types of cases. The judges of the court need to decide according to conventions and it will be unlawful if any public authorities do not follow the conventions.

Conclusion

The Human rights act established in the UK and came into force in the year 2000 was mainly to make sure that the various authorities, the public, central, or the local government, try to protect the human rights of all the people leaving in the UK. This reform has helped the various individuals approach the UK court and fight against human rights. The human rights act does not come under the control of any political party and has over 16 human rights. Human rights apply to all people including children and it has become successful in the UK as it has a positive impact on all the people living in the UK. The Human rights law has brought into practice the rights which are included European human rights conventions into the domestic laws the government is in a plan to introduce the Bill of Rights as the replacement for Human rights law.

References

(Actionfraud.police.uk, 2022) <https://www.actionfraud.police.uk/contact-us> accessed 27 May 2022

Boyle, K. and Cochrane, L., (2018): The complexities of human rights and constitutional reform in the United Kingdom: Brexit and a Delayed Bill of Rights: Informing (on) the Process. Nw. UJ Int'l Hum. Rts., 16, p.22.

Caudwell and McGee (2018): From promotion to protection: Human rights and events, leisure and sport. Leisure studies, 37(1), pp.1-10.

Collins. H. (2021): An emerging human right to protection against unjustified dismissal. Industrial Law Journal, 50(1), pp.36-69.

Fairclough. Thomas (2019): The Human Rights Act 1998 in Constitutional Context: The Common Law, The Rule of Law, and Human Rights." Ph.D. diss., University of Cambridge, 2019.

'Libraries As A Statutory Service' (GOV.UK, 2022) <https://www.gov.uk/government/publications/guidance-on-libraries-as-a-statutory-service/libraries-as-a-statutory-service> accessed 27 May 2022

'Library Membership' (The British Library, 2022) <https://www.bl.uk/membership#> accessed 27 May 2022

Lima, V. and Gomez, M., (2019): Access to Justice: Promoting the Legal System as a Human Right. In Peace, Justice and Strong Institutions (pp. 1-10). Cham: Springer International Publishing.

'National Heritage Act 1983' (Legislation.gov.uk, 2022) <https://www.legislation.gov.uk/id/ukpga/1983/47> accessed 27 May 2022

Wolfsteller, R., (2020): Out of sync: The failed translation of international human rights in the creation of the UK Human Rights Act. Journal of Human Rights, 19(3), pp.325-343.

DFVP20001 Domestic and Family Violence Theories and Perspectives Assignment Sample

Literature and references

In this assessment use at least 6 contemporary references (<10 years) to support your discussion. You may also use seminal scholarly literature where relevant. Suitable references include peer-reviewed journal articles as well as textbooks and credible websites. When sourcing information, consider the 5 elements of a quality reference: currency, authority, relevance, objectivity, and coverage. Grey literature sourced from the internet must be from reputable websites such as from government, university, or peak national bodies: for example, AIHW, AIFS, ABS, ANROWS, and AIC.

Requirements

• Use a conventional and legible size 12 font, such as Times New Roman or Arial, with 1.5 line spacing and 2.54cm page margins (standard pre-set margin in Microsoft Word).

• Include page numbers on each page in a header.
• Write in the third-person perspective.
• Use formal academic language.
• Use the seventh edition American Psychological Association (APA) referencing style.

The CQUniversity Academic Learning Centre has an online APA Referencing Style Guide.

• The word count excludes the reference list but includes in-text references and direct quotations.

Resources

• You can use unit provided materials and other credible sources (e.g. journal articles, books, grey literature) to reference your argument. The quality and credibility of your sources are important.

• We recommend that you access your discipline specific library guide: the Social Work and Community Services Guide.

• We recommend you use EndNote to manage your citations and reference list. More information on how to use EndNote is available at the CQUniversity Library website.

• For information on academic communication please go to the Academic Learning Centre Moodle site. The Academic Communication section has many helpful resources including information for students with English as a second language.

• Submit a draft before the due date to review your Turnitin Similarity Score before making a final submission. Instructions are available here.

Submission

Submit your assessment via the unit Moodle site in Microsoft Word format only.

Marking Criteria

Refer to the marking rubric below for more detail on how marks will be assigned.

Assessment 1 (Portfolio) Due 17th Dec - More info here

Type: Written assessment

Due date: 5.00pm (AEST) Friday, 17 December 2021 (Week 5)

Weighting: 30%

Length: 1500 words plus or minus 10% (excluding references)

Unit Coordinator: Dr Nicola Cheyne

Learning Outcomes Assessed

2. Identify and describe relevant research and other sources of data related to domestic and family violence integrating terminology appropriate to the field.

3. Analyse the basis for contemporary theories of domestic and family violence, with a focus on gender.

Aim

The aim of this assignment help is to guide your exploration of the relationship between gender and domestic and family violence (DFV), specifically intimate partner violence (IPV).

Instructions

Present your answers to the following tasks in paragraph/short answer format (no introduction or conclusion). Altogether your answers to these tasks will entail a detailed analysis of current knowledge regarding IPV victimisation/perpetration experiences of men compared to women.

Please follow the steps below to complete your assessment task:

1. Present current Australian national data (e.g., Australian Bureau of Statistics) on IPV perpetration and IPV victimisation. Are there gendered patterns of perpetration and victimisation? (i.e. who are the perpetrators and who are the victims?) (approx. 400 words).

2. What are the key points of agreement and disagreement in academic literature, regarding the gendered nature of IPV? Ensure you identify the arguments for viewing IPV as gendered, and identify the arguments against viewing IPV as gendered (approx. 800 words).

3. Has your examination of data and literature, challenged your previous understanding or beliefs about the nature of IPV? Explain your response (approx. 300 words).

Literature and references

In this assessment use at least 6 contemporary references (<10 years) to support your discussion. You may also use seminal scholarly literature where relevant. Suitable references include peer-reviewed journal articles as well as textbooks and credible websites. When sourcing information, consider the 5 elements of a quality reference: currency, authority, relevance, objectivity, and coverage. Grey literature sourced from the internet must be from reputable websites such as from government, university, or peak national bodies: for example, AIHW, AIFS, ABS, ANROWS, and AIC.

Requirements

· Use a conventional and legible size 12 font, such as Times New Roman or Arial, with 1.5 line spacing and 2.54cm page margins (standard pre-set margin in Microsoft Word).

· Include page numbers on each page in a header.

· Write in the third-person perspective.

· Use formal academic language.

· Use the seventh edition American Psychological Association (APA) referencing style. The CQUniversity Academic Learning Centre has an online APA Referencing Style Guide.

Dashboard / My units / 2021 Term 3 / DFVP20001_2213 / Assessment / Assessment 1 (Portfolio) Due 17th Dec - More info here
12/1/21, 12:34 PM DFVP20001_2213: Assessment 1 (Portfolio) Due 17th Dec - More info here
https://moodle.cqu.edu.au/mod/assign/view.php?id=2306395 2/3
DFVP20001 Assignment 1 (2).pptx 27 October 2021, 4:55 PM
DFVP20001_T3_2021_Assessment1.pdf 27 October 2021, 4:55 PM
Video on Portfolio 1.mp4 27 October 2021, 4:55 PM

· The word count excludes the reference list but includes in-text references and direct quotations.

Resources

· You can use unit provided materials and other credible sources (e.g. journal articles, books, grey literature) to reference your argument. The quality and credibility of your sources are important.

· We recommend that you access your discipline specific library guide: the Social Work and Community Services Guide.

· We recommend you use EndNote to manage your citations and reference list. More information on how to use EndNote is available at the CQUniversity Library website.

· For information on academic communication please go to the Academic Learning Centre Moodle site. The Academic Communication section has many helpful resources including information for students with English as a second language.

· Submit a draft before the due date to review your Turnitin Similarity Score before making a final submission. Instructions are available here.

Submission

Submit your assessment via the unit Moodle site in Microsoft Word format only.

Marking Criteria

Refer to the marking rubric below for more detail on how marks will be assigned.

Solution

1. Present current Australian national data (e.g., Australian Bureau of Statistics) on IPV perpetration and IPV victimization. Are there gendered patterns of perpetration and victimization? (i.e., who are the perpetrators and who are the victims?)

In case of IPV, perpetrators are accounted to be an individual who uses violence and abuse on the other partner while the person witnessing and experiencing the violence is termed as victim (Valtchanov & Parry, 2017). According to the Australian Bureau of Statistics (ABS), Personal Safety Survey of 2016, the female population who witness partner or intimate violence have direct or indirect relation with a disability, financial stress, long term health issues, low life satisfaction, as well as unemployment. These factors are altogether explained to be the nature of vulnerability by the Victoria Practice Guidelines. It was also assessed that the prevalence rate of the female population witnessing physical or sexual assault from their current or previous intimate partners in a duration of 12 months is around 132,000 of the female population. The statistics highlight the incidence rate to be common enough as it is experienced by one in every four female populations within diverse communities of Australia (Australian Bureau of Statistics, 2021). This female population have been shown to witness at least one such partners by whom they have experienced intimate partner violence from the age of 15 years. The report also highlighted that out of these female populations, 16 % of the individuals have experienced intimate partner violence in the past two years. Also, several studies have supported the fact that the female population living in capital cities have experienced a similar rate of intimate partner violence to those of the female population living in remote regions of Australia in the past two years.

Thus, the statistics and the report demonstrated by the Australian Bureau of Statistics (ABS)stated that the female population are mostly identified as the victims while their partners account for the male population as the perpetrators. According to Structural Feminist Perspective, domestic violence is a gender issue where the abuser uses violence to dominate the female population to reflect power. It states “examine the effects of societal structures and power relations between dominant and oppressed groups on female population” (Valtchanov & Parry, 2017, p. 557). It has also been found that the female population who is a single parent to their children are the most susceptible population who are highly associated with experiencing intimate violence within their lives in the current years (Australian Bureau of Statistics, 2021). The statistics of these single-parent household female population to witness intimate violence is three times higher than the other categories under which female population witnesses intimate violence as the prevalence rate is 8.1 among single mothers. Also, the female population belonging to the Aboriginal and Torres Strait Islander are more susceptible to IPV as compared to those of the non-indigenous populations. According to the subculture of violence theory, explains the willingness and intention of an individual to involve in violence and people within a community are influenced and promoted by the support ensured within a community. Thus, it can be stated the female population are the victims of intimate violence where the male population have been accounted to be the perpetrators.

2. What are the key points of agreement and disagreement in academic literature, regarding the gendered nature of IPV? Ensure you identify the arguments for viewing IPV as gendered, and identify the arguments against viewing IPV as gendered

There is a wide range of studies and research that have been carried out focusing on the gender difference in the case of intimate partner violence or IPV which demonstrated a range of unpredictable evidence and the agreement and the disagreement between the two. Many of the studies support evident learning that the prevalence of men witnessing IPV is similar to those of the statistics of the female population in similar conditions. While there are many other studies that state that men are the perpetrators of the intimate partner violence witnessed by the female population. The national data thus lacks major evidence on the prevalence of men witnessing IPV which often makes it difficult to evaluate the gendered nature of the condition within the premises of Australia. Men are found to be victims of violence but the statistics of witnessing intimate violence is quite low as men are assessed to face violence from strangers or others due to professionals and personal reasons. Intimate violence is found to be more likely to happen with a female population which is a figure of more than 17 per cent when compared to men where the statistics are less than half of the overall numbers of the female population experiencing violence (World Health Organization, 2021).

According to Dawson et al. (2019), the evidences agreed on the idea of IPV as gendered, as intimate partner violence is one of the public health concerns in worldwide nations with a 4 % prevalence rate in a duration of a year. The condition is widely conducted by men where the victims are mostly identified as the female population which explains the burned on the health care and social services along with the economy of every country. It is known to have a major impact on the physical and mental health of these victims as they withstand sexual, mental, and physical abuse from their past or present partners. The prevalence is identified to be higher in the female population belonging to the younger age group (Dawson et al., 2019). Thus, emergency departments are guided to refer these susceptible female populations to social service providers as soon as they recover from the injuries.

According to Cho et al. (2020), the research evidence agreed on the fact that IPV is gendered and the report provided by National Intimate Partner and Sexual Violence Survey showed that gender has a fair set of interaction with the nature of IPV. The research was carried out using 3878 survivors of intimate partner violence where 3009 were female while 869 were men. It reflected the fact that though the prevalence is much higher in the case of the female population, men are also found to witness some rate of violence in their intimate relationships carried out by the female population.
The independent variable that was identified in the research included race, income, gender as well as financial stability along with the pattern and outcome of victimization (Cho et al., 2020). It has been also identified in the study that the female population have experienced a negative impact of intimate violence on their health thrice than men. Also, physical injuries and harm have been identified to occur in the female population more likely than men which makes them susceptible to negative consequences of IPV.

One of the researchers disagreed on IPV being gendered and identified the incidences of the traditional view which is currently being followed, as the male was always accounted to be the perpetrator while the female population were identified to be victims. Thus, there is a limited range of research studies that have been carried out to assess the intimate partner violence rate within men as researchers mainly focus on assessing the victimisation of the female population towards IPV. Also, LGBT communities have been witnessed to sustain a major rate of intimate violence which is also neglected by most of the research studies and statistics surveys (Laskey, Bates& Taylor, 2019). It has been found in a study survey that men have reported to witnessed different types of consequences of intimate partner violence which includes sexual, physical, manipulative, and verbal abuse in their relationship. Also, the report states that men after reporting the experience of IPV have to sustain the increased rate of harassment and abuse by society, family, police and other service providers. It is because people find it difficult to accept that a man in relation would have experienced intimate violence due to traditional mindset and beliefs. Also, in such situations, men have been doubted as the perpetrators and were imprisoned for the same (Gerke et al., 2020).

In research carried out by Bates (2020), experiences of men with IPV are identified to impact the mental and physical health similar to those of the female population and often impact their future relationships with children or any other intimate partner. Men have been describing that the beliefs, attitude and response of the society and the service providers to the incidence of reporting of IPV on men has also developed a major threatening and harassing situation for these susceptible populations (Bates, 2020). It has been supporting the evidence that men are accounted to be abusers and often the issue they witness gets neglected due to the wide range of supportive measures precisely focusing on the female population accounted as the only victims of IPV. Thus, it has been found that the “Violence against Women and Girls” strategy has categorized intimate partner violence as a gendered crime due to the lack of consideration towards the male population.

3. Has your examination of data and literature, challenged your previous understanding or beliefs about the nature of IPV? Explain your response

Yes, with the understanding and evidence provided by the other research articles, a well-developed belief or mindset was developed where men were identified as the perpetrators of this kind of violence and abuse against the female population. The statical reports provided by the World Health Organization as well as theAustralian Bureau of Statistics (ABS) Personal Safety Survey provided an understanding of the rising issue of intimate partner violence in the female population (World Health Organization, 2021). The belief was biased in nature as evidence have mainly highlighted the abuse and violence witnessed by the female population, but as other researches were assessed and evaluated, a dissimilar understanding was examined. The research analyses of other research articles apart from the Australian Bureau of Statistics (ABS) Personal Safety Survey helped in acknowledging the fact that though the female population are mostly the victims of IPV, men have been provided less consideration and support as they have also sustained similar issue but in a lesser rate. The condition has a similar explanation to the System Tension and Feedback System Theory of domestic and family violence as it states that stress and conflict within intrafamilial factors often lead to maintaining violence within the family and even society (Sunitha, 2021). Focusing on the theory it can be stated that not only the female population, but men have also been witnessing severity of physical, sexual and mental abuse in their intrafamilial intimate relationship. These factors often get neglected due to deprived support and service provided to them due to a biased mindset. The feminist theories focus on the collection of feminist approaches which focuses on addressing the issue of violence faced by the female population and account men as the abuser for which they guide the female population to fight against the issue of abuse (Subirana-Malaret, Gahagan & Parker, 2019).It was found that men are frequently accounted to be the abuser or perpetrator in such conditions even when they are the victims and are penalized and imprisoned for a crime for which they were never convicted. Thus, it helped me understand the fact that both male and female populations are victims of intimate partner violence, though the statistics vary widely. It is necessary to ensure equal rights and support to both the male and female population within the society. It is essential for the community to ensure equal support, right and care to the men when they are identified to be the victims for which government need to provide equal position to men in terms of IPV victims.

References

Australian Bureau of Statistics. (2021). Partner Violence - In Focus: Crime and Justice Statistics, Partner Violence - January 2020. Australian Bureau of Statistics. Retrieved 2 December 2021, from https://www.abs.gov.au/statistics/people/crime-and-justice/focus-crime-and-justice-statistics/partner-violence-january-2020#characteristics-of-partner-violence

Bates, E. A. (2020). “No one would ever believe me”: An exploration of the impact of intimate partner violence victimization on men. Psychology of Men & Masculinities, 21(4), 497.Retrieved from: https://core.ac.uk/reader/169434710

Cho, H., Seon, J., Han, J. B., Shamrova, D., & Kwon, I. (2020). Gender differences in the relationship between the nature of intimate partner violence and the survivor’s help-seeking. Violence against women, 26(6-7), 712-729. https://doi.org/10.1177/1077801219841440

Dawson, A. J., Rossiter, C., Doab, A., Romero, B., Fitzpatrick, L., & Fry, M. (2019). The emergency department response to women experiencing intimate partner violence: insights from interviews with clinicians in Australia. Academic emergency medicine, 26(9), 1052-1062.https://doi.org/10.1111/acem.13721

Gerke, J., Rassenhofer, M., Witt, A., Sachser, C., &Fegert, J. M. (2020). Female-perpetrated child sexual abuse: prevalence rates in Germany. Journal of child sexual abuse, 29(3), 263-277. https://doi.org/10.1080/10538712.2019.1685616

Laskey, P., Bates, E. A., & Taylor, J. C. (2019). A systematic literature review of intimate partner violence victimisation: An inclusive review across gender and sexuality. Aggression and Violent Behavior, 47, 1 11. https://doi.org/10.1016/j.avb.2019.02.014

Subirana-Malaret, M., Gahagan, J., & Parker, R. (2019). Intersectionality and sex and gender-based analyses as promising approaches in addressing intimate partner violence treatment programs among LGBT couples: A scoping review. Cogent Social Sciences, 5(1), 1644982.https://doi.org/10.1080/23311886.2019.1644982

Sunitha, P. (2021). Domestic Violence And Theories, Retrieved 4 December 2021, from https://euroasiapub.org/wp-content/uploads/2017/01/18ESSDec-4386-1.pdf#:~:text=System%20Tension%20and%20Feedback%20System%20Theoahsry%3A%20This%20theory,

which%20maintain%20violence%20in%20family%20and%20in%20society.

Valtchanov, B. L., & Parry, D. C. (2017). Reclaiming the “F-word”: Structural Feminist Theories of Leisure. In The Palgrave Handbook of Leisure Theory, (pp. 557-576). Palgrave Macmillan, London. https://doi.org/10.1057/978-1-137-56479-5_32

World Health Organization. (2021). Apps.who.int. Retrieved 2 December 2021, from https://apps.who.int/iris/bitstream/handle/10665/77432/WHO_RHR_12.36_eng.pdf.

LAW500 Business Law Assignment Sample

Week 7- 11.55 p.m.
Weighting: 30%

Answer all the questions for assignment help

Question 1

Dave is a bachelor who lives in Sydney. He was a loner and in ill health. He contacted his sister, Keren, in Oxford, England and asked her to move to Sydney to help look after him. He promised that if she did, that he’d leave all his property to her on his death. Keren agreed.

She resigned from her job, sold her house, and moved away from her friends. She arrived in Sydney and began to care for her brother. A few months later, they had a falling out. Dave sold his property and disinherited his sister. His sister sued for breach of contract.

Question 2

An elderly Lebanese couple, with little understanding of English or formal education, signed a mortgage over their home to Cheatem Bank, as security for payment of the debts of their son’s business. Their son, Ali, led them to believe that his company was sound when in fact it was in serious financial trouble. When Ali’s business went into liquidation, Cheatem Bank tried to exercise its rights under the
mortgage/guarantee.

Question 3

Brad and Jane operate a pizza business. The wood-fired oven has just blown up and it needs to be replaced. Brad and Jane immediately contact an oven wholesaler, Angie, and tell her that they require a wood-fired oven installed right away because they need it to make pizzas, their core business. Angie tells them it will be delivered and installed within 24 hours, by Friday before a long weekend. Angie then goes to a long lunch with lots of wine and forgets about Brad and Jane’s urgent phone call. When they call again on Tuesday Angie is very apologetic and sends the oven around to be installed. Brad and Jane have had to close their business for 4 days and nights, losing a great deal of money. They want to sue Angie for their loss of profits.

Question 4

Gulliver went on an organised bus tour for his annual holidays. The length of the tour was 23 days. The first 11 days were fantastic and more than exceeded his expectations. However, on the twelfth day the bus crashed, trying to avoid a wombat waddling across the highway, injuring Gulliver so he could not continue his tour on a replacement bus. Gulliver wants to sue the bus tour company for the full amount of his tour cost.

Question 5

Amelia owes Biggles $1,000 plus interest of $120 under a loan contract. The money is due for payment on Friday. On Wednesday Amelia tells Biggles she has lost her job and cannot pay the money. Biggles tells Amelia if she sells her new Apple notebook (laptop) he will take the proceeds of the sale in full satisfaction of the debt – and will not take legal action to recover any shortfall. Amelia was using her notebook to retrain for another job, but reluctantly agrees to sell it. Amelia gives the proceeds of the sale, $900, to Biggles. Biggles then demands the balance of $220. Is Biggles legally entitled to go back on his promise?

a) Explain the common law position.
b) b) Explain any equitable defense Amelia may have to action by Biggles. Cite a relevant
c) case in your answer.

Solution

Question 1

The context is very much related to the case study of the property breach for the various aspects as the reason is very much effective in terms of the various aspects. The property breach is very much effective for making a huge impact on the cases. In this context, Keren sold her property in order to serve his brother. Her brother Dave promised her to give his entire property to his sister. Keren sold all the properties and came to Sydney to serve her brother. The contract was made by his brother and the contract cannot be breached. But when the consequences were made for making a huge impact on the prospect of the property, her brother sold the entire property to another person and Keren sued for the breach of contract. A similar case happens in the case of Farley vs Skinner where the travel company breaks the contract and fails to provide the planned holiday to the plaintiff (Parizi and Dehghantanha, 2018). The case is very famous and the concept of the case depends on the breach of contract. Similarly, this case also depends on this factor for providing support for the different revolutionary aspects as well.

The case can be handled with various aspects as there are many projects that the organization has to take on for the various impacts. The anticipation of the one party is the main factor that can help in the evaluation of the breach of contract. According to “section 37 of the contracts act the contract” has to be performed or the breach of the contract can be very much effective in accordance with the law against the various aspects as well (Li, Barenji, and Huang, 2018). According to “section 243 of the contracts act”, the police can arrest or anyone can accuse and raise a case if the law was not properly met in the aspect of the case law of the different factors (Rouhani and Deters, 2019). Besides, there are many steps that Keren can take like the straight refusal that the various aspects can be effective for making a huge impact on the opposite party. Keren can make a huge impact on the contract by making an effective approach in regard to the deviation of the contract or making a hugely effective approach for the brother can be also effective. If the other party grants what he is accused of and the other party cancels the case from the court, which can be also helpful for the brother and sister. So every matter has to be taken into consideration and taking the proper decision rightly is the main factor.

Question 2

The case study is totally based on the harassment of the different case studies that are related to the various aspects. The Lebanese couple is not properly educated and various factors need to be maintained such as the bank loan for making the business of their son Ali more effective. In this aspect, the cases of the law can be helpful for making a huge impact on the situation of parents of Ali. The parents are very much hurt by the behaviour of the son as the business of the son is totally devastated by the case. There is a case for Vijay Maliya whose house is being mortgaged by the UK court as the loan cannot be paid in time. This context is also similar to the aspect of the case study that is being discussed (Watson, 2019). The evaluation of the case study is very much effective for making a huge impact on the parents as the parents now have nowhere to go and their son already cheated on them.

As per the “National Loan Act 1968”, the Cheatem bank is doing the proper thing that they need to do. The loan is not given back to the bank in time and the bank is needed to mortgage the property until the loan is needed to be given back to the bank (Watson, 2019). In this aspect, there are many things that the bank can do but it is needed to be proper in the aspect of the various factors. The parents of Ali have to pay the entire loan to get back the mortgage from the property and they can perform many aspects related to various means. According to the “Mortgage interest regulation act 2017”, they have to pay back a huge amount of money to the bank including interest (Hafiz et al., 2020). They have made her son work properly to make a huge impact on the cases and the loan has to be paid back in time for getting the house back from the bank. They both have to work including their son as the number of loans from the bank has touched a huge figure and there are many aspects that are needed to be maintained for getting the house back from the mortgage.

Question 3

In the case study, Brad and Jane conduct a business of serving pizza to their customers. The wood-fired oven is the main factor for making the pizza as without the oven pizza delivery cannot be possible. They asked for an oven from a wholesaler Angie. But Angie was so careless that he completely forgets about the order. Their pizza service has to be stopped for a huge amount of time, nearly 4 days. They suffered a huge loss in the business and that is affecting the profitability rate of their business. The wholesaler was the main reason that their business is suffering a huge amount of loss. There are many examples that state the business has suffered a huge loss in the business as well. In this context, the main approach is the reason for making huge. The case of Tesco in the disruption in the supply chain is very much related to the effective approaches as the cases are very much related to the impact. The evaluation of the studies and the interruption of the studies is generally supporting the important factors of the laws and the laws are meant to be supported with the proper effective approach as well.

As per the “consumer right act 2015”, Brad and Jane can file a case against Angie for not giving supply in time. The acts are very effective as this is enough for making a huge consolation on the various needs as well (Rutkowska-Tomaszewska, 2020). On the other hand, it can also be said to be the main impact of the various affections as well. The “Consumer Contract Regulation Act 2015” also states that various factors can be effective in making a huge impact on businesses. The act mainly states the supply needed to be supplied on time for any urgent situation. Angie makes a huge impact on the various reasons as there are many aspects that are very much related to the cases (Dowuona-Hammond, 2018). Through the help of these laws, Brad and Jane can be helpful for the different factors and the acts can be helpful for making the aspect more effective. The wholesale business of Angie can be ruined by filing the case as he acts against the regulations. The various factors can be effective in ruining a business Angie and different aspects.

Question 4

The case study is mainly based on the loan approaches for the various factors as the reason for the improvements needed to be guided for the various aspects. Gulliver is mainly based on the various reasons in the different reasons and the tour travels are very much effective as there are many reasons that are realized for the various factors and the different reasons and the various impacts can be made for the reason that needs to be maintained for the various reasons. Gulliver wants to sue the traveling company as the whole travel plan for the rest of the holiday was cancelled. The impact of the tourism company is very much effective in the different aspects and the bus company is generally impassive for making a hugely effective approach for various reasons (Sharpley, 2020). The company is mainly accused of destroying the whole holiday plan of Guliver and the pal for the impressive aspects can be made as well. The cases can be filed for suing the company and getting the total cost of money back. The task is going to be a little bit difficult for the company as there are many factors that can be related to the impacts of the strategies as well.

As per the “development tourism act 1969", the travel company has to return the whole money in case they ruin the whole factor for the improvement of the different aspects (Hussin and Buchmann, 2019). Tourism has harassed the total aspect of the study and this can be made for different reasons as well. In this concept, it can be also informed that the tour company is mainly responsible for making the impact on the various factors. The case for not completing the tour can be filed but it is very difficult to win the case. This is due to the accident or the crash of the bus did not happen intentionally. It was stated as an act of nature and the tourism company is not responsible for making a huge impact on the processes of the legislation. The "Tourism Act of 2009” and “The Tourism Act of 2005" states that there are many factors that the traveler also has to look after for making a huge impact on the different approaches to development (Sharpley, 2020). It can be also stated that the information for the improvement can be used for the various processes and the modification of the actions needed to be applied as well.

Question 5

Yes, Biggles is very much entitled to go back to his promises as his condition of Amelia was not so good. Besides, the law is also stating that he should be making a progress in getting back to the promises that Amelia's sales are only iPhones in which she would have found jobs.

a) The common law position for the improvements of the country is generally situated among the different aspects. According to “National Loan Act 1968”, Amelia has to return her loan within time, or her property of her will be mortgaged by Biggles. He does exactly the same and sells her iPhone to get his money (Gentryand Cook-Davis, 2021). But the demand for the rest of the balance is the proper aspect to do as she has given the main property of her. On the other hand, Biggles demands the rest of the money which is illegal. So the fact is that the common law position for the situation is very much in support of Amelia. There are several aspects that amelai can do0 for self-defence. The impact of the law is so effective that Amelia is scared of the situation.

b) There was a case of Amelia that states that she has to defend against Biggles who have already got the maximum amount by selling the property to Amelia. She was promised that the money will be enough in return for the loan but now Biggles is demanding the aspen for the evaluation of the concept. In this aspect, the main factor that could be helpful in the demand of the process is the evaluation of the cases. According to "Mortgage interest regulation act 2017”, Biggles cannot claim the rest of the money from Amila, and the rest of the money is not needed to pay by Amilia (Bonvoisin et al., 2020). In this aspect, there are many factors that could be helpful in the making of the defence strategy for Amelia. The defence strategy with the act can be useful for Amila as she will be able to take legal steps against Amilia for making this impact on the Biggles and can fight for the money that is demanded illegally.

References

LAW1507 Tort Law Assignment Sample

1. Please write an answer to the question overleaf. Your answer should be no more than 1500 words long including footnotes (but excluding your bibliography).

2. This assessment is a formative, so the mark will not count towards your final grade. It is also optional but recommended for assignment help

3. The Preliminary Honours UG assessment criteria can be found in the Undergraduate Handbook. Presentation of your answer:

4. Clear and accurate referencing is essential.

Q1. Sneezy, Bashful and Dopey are old work colleagues. For the last 15 years they have met up once or twice a year for a reunion dinner at a local restaurant. One time, after dinner, Dopey offers Bashful a lift home in her new sports car, joking that it is “at his own risk”. Bashful is reluctant to accept because he knows that Dopey had drunk large quantities of alcohol that evening, but nonetheless accepts because it is raining and he wishes to avoid the very long walk home. As Dopey pulls out of the restaurant car park, she crashes into a passing car. Dopey did not see the car as she was trying to change the channel of her car radio. Bashful, who was not wearing a seatbelt, is thrown through the windscreen, and severely injured. Dopey is killed instantly.

Sneezy, who was in his car just behind Dopey’s waiting to leave the car park sees the accident and rushes to help Bashful and Dopey. The scene is particularly gruesome. He later develops Post-Traumatic Stress Disorder (PTSD).

Grumpy was driving the car Dopey crashed into. He suffers serious injuries and is forced to take six months off work, losing out on a significant promotion. He becomes depressed. He appears to be successfully managing his condition. However, about a year after the accident, as he is walking home from work he ‘snaps’ and stabs a passer-by. He is later sentenced to 12 months in prison and loses his job.
Advise the parties.

Solution

Question 1

The Government of the UK has legalized so many regulations during the past years in order to prevent road accidents and measure long term recurrence for the driver as well. In the common law justification, Sneezy, Bashful and Dopey were more or less responsible for the tremendous incident that happened with them. Firstly, according to the Road Safety Act 1986, it is clearly stated that a driver is not allowed to drive a car or any type of vehicle if they are over the legal blood alcohol limit. Therefore, it is clearly stated that Dopey, who is one of the victims in this case, had drunk larger quantities of alcohol. As a tort lawyer, it is suggested that it was the responsibility of two other friends who were present at that situation to drop her in another secure way. The UK’s Road act and other vehicle regulations also mentioned that drivers or other members in the same cars must be alert while driving on the road.

As per the statement it is also clearly mentioned that Dopey was unable to see the passing car as she was busy in changing radio channels on the mid-off the road and it clearly indicates that Dopey was driving the car carelessly. Although, she got killed instantly, as most of the UK’s residents are aware of the penalty for careless driving and dangerous driving. For careless driving the nominal fine charge is up to £ 5,000 and the driver license also gets disqualified. According to recent studies, if a person dies due to own driving lack the insurance company of the responsible person must pay the damages. Based on the present situation, Dopey is not alive; the penalty should be paid by her respected insurance company. The name of the driver who was passing on the same road is Grumpy. Grumpy’s car crashed into Dopey’s car while Dopey’s car was pulling back from the restaurant parking zone.

The 1984 Road Tariff Act is the legalization in UK which currently enforces all the limits. Therefore, the last changes in the act occurred in 2015, and the act mentions that limits of large HGVs on single and dual carriageways were raised up to 50mph and 60 mph respectively. It is assumed that the speed of Grumpy’s car must be above 60 mph and due to that reason, he was not unable to see Dopey’s car. Most of the roads which are built nearest any restaurants or hospitals in the UK are under “A” category. Consequently, it is also analysed that Grumpy was not following the preliminary rules of driving in “A” roads. A UK based driver must follow this rule while driving in such roads which is near to a crowd and those are such as taking most of the safety measures while driving in rainy season or on a wet road, keep a check around using the mirrors, lane changing, appropriate signalling and aim high in steerin.

It is also suspected that Grumpy did not use any of these safety measurements in order to alert Dopey or signal her and also, he did not change lanes when he was seeing the car from very far away. Section 3 under the road Tariff act would be applicable for this driver as well and as the driver causes a death to one of the victims the penalty would be charged also under dangerous driving. In this case as the victim of this act did not obey the rules of road tariff and the other driver is seriously injured as well and as per the record after that incident, he had mental illness and is currently in prison for stabbing a co-worker.

The court must understand his mental situation and requested to admit Grumply in a mental health hospital for getting better. However, as per the Law RTOO Arts 49 & 50, the other charge will be penalized from Grumpy as he returned from the prison and further mental hospital, a minimum fine of £ 1,000 would be charged, penalty charge would proceed for next 3 to 5 months and the license would be in Discretionary for a period until the patient is fully recovered.

As per the statement of recent writers, In the UK wearing a seatbelt for the driver and as well as for the other members inside the car is compulsory. Even if a car or any vehicle includes 3 passenger seatbelts a driver is not allowed to have four passengers. It is the driver's responsibility to make sure that everyone in the car is wearing a seatbelt and if any passenger or driver did not follow such rules and regulations then the law has full authorization to penalize and take other compensation charges. In this case, while Dobby has taken overconsumption of alcohol it was Bashful’s responsibility to take the charge of driving and as well to ensure that everyone was wearing a seatbelt by then. Due not wearing a seatbelt Bashful got thrown through the wide screen and got severely injured. A driver is only allowed to take off or remove their seatbelts while reversing the vehicle and as soon as it is reversed the driver must put back or wear the seatbelts again.

However, if a person is diagnosed for such medical reasons, they need to provide proper medical certificates and other reports. In this case if Bashful has such medical reasons for not wearing seatbelts at that time he must prove it in the court in order to get free from being penalize. The seat belt wearing law came into force in the UK’s law from 31st January 1983.The act says for preventing risk or accidents in roads and highroads from small vehicles to large vehicles drivers it is compulsory to wear a seatbelt and hence it is proved that almost a quarter of car drivers and passengers got injured or killed for not wearing seatbelts. Depending on the current situation an amount of £ 500 will be charged from Bashful due to seat belt offences and the penalty would proceed for the next three months and it is also suggested that from next time while using a car to wear seatbelt properly and maintain all the safety measurements. The further notification would also provide if in future Bashful did not follow any road tariffs and regulations the court will take strict action against him.

Lastly, Sneezy who’s the only eye witness of this accident and immediately develops a Post-Traumatic Stress Disorder after seeing the death of his friend. Under the common law of Tort recognizes only those damages for mental harm which were only recoverable under these types of torts such as false imprisonment, battery and assault. Several researchers argue that the court only recognizes physiological injury or any infliction as their own independent cause of actions and even without any accompanying harm to a person or their property. Hence, in today’s situation most of the Tort courts also allow such emotional impacts that do not cause any harm to the owner or the other members who are surrounded by the act. Sneezy who has reported as the patient of PTSD is advised to take proper health analysis and take proper medications. It is also suggested to the family members and friends of him to take proper health care and mental care. The accident had made a serious impact on his mind, as for now the court and other board members of the court would not ask any questions or any other supportive evidence regarding the accident. Sneezy, would be only allows in the court after he is completely recovered and out of the post trauma situation.

Apart from advising, it is a responsibility of a tort lawyer in order to protect the mental health of the client or the victim who suffers from mental dis-balance due to the traumatic situation that has been made in front of them. Tort law also provides the support to prevent the victim from any harm that causes any mental illness or any dis balance. The final judgement or the advice for all the victims in this case who have been survived in different ways and that would be to take and maintain all the secure and safety measurements regarding driving a car or any vehicle on the roads. Wearing a seatbelt is compulsory for the drivers and passengers as well. Do not drive a car, motorcycle or cycle after high consumption of alcohol, follow all the traffic rules and road tariffs. As per the statements of multiple writers, victims of road accidents mentally suffer more than by causing any physical injury and the mental injury hurts more than a victim. The current tort law is focusing on taking safety measurements on the mental health of the victims as it causes and spreads harm to the family members or to the friends of victims.

Reference List

CRIM2024 Discipline of Criminology and Justice Assignment Sample

Assessment Details and Instructions

Choosing one transnational crime from the list provided below, examine:

A. The nature of this offence, including what it involves, the role played by organised crime
groups in the commission of this offence, and the effects/harms caused by this offence

B. Attempts by authorities to combat this offence and the difficulties and issues experienced by authorities when attempting to combat this offence

C. Possible strategies to more effectively combat this offence.

Select from the following offence types/trades:

- Arms trafficking - Human Trafficking
- Cocaine trade - People smuggling
- Heroin trade - Trade in animals/animal parts
- Money laundering - Maritime piracy

Concentrate on select nations (e.g. two or three countries connected by your chosen offence) or a specific region (e.g. Eastern Europe, Northern Africa, South East Asia) relevant to your chosen offence to focus discussion and maximise opportunities for in-depth analysis.

Solution

Introduction

This study focuses on the impact of the cocaine trade in West Africa. Cocaine trading is a globally proven illegal trade, including the manufacturing, sale, cultivation and distribution of importance, which can be subjected to the law for drug prohibition. It is considered illicit trading of drugs or trafficking of drugs, a black market globally devoted to producing prohibited drugs (Sumnall et al. 2021). Cocaine trade in West Africa is the main focus. All three questions for assignment help are solved depending on the crime type and location.

Answer A

For narcotics trades, an ideal geographic choice is West Africa. It acts as a centre of mechanical transit for drug traffickers. Its location, specifically Guinea Bissau, with its countless unpopulated archipelagoes and islands, made identifying drugs difficult and reduced transit. The region is considered the most well-developed network of West African crime and smugglers alliances, which led international critics to conclude in 2004 that many traditional African criminal networks were occurring in that specific year (Aning & Pokoo, 2014).

It is believed that when a place has a weak political environment ultimately creates more chances for cocaine trading. In numerous countries, coups d’etat, civil war, and insurgency operations have destroyed the assets of productive national development, human capital, and social infrastructure. They have also caused fluctuations which led to an increase in the number of armed groups working in a specific region and an increase in the outpours of SALW or small arms and light weapons (Vigh, 2019). Fluctuation in North Africa also seeks outpours of much heavier weapons entering the region of Sahel. Similarly, in a case that took place in Mali, fluctuations have always been exploited by drug traffickers to promote their interests.

This case study analyses the effect of cocaine trafficking on regional and national trafficking in West Africa (Aning & Pokoo, 2014). Recently and as stated by the reports, the usage of drugs in this region has been increasing. Experts have also highlighted that the threats to human security by drug trafficking are the reason why policymakers and other institutions are specifically not prepared to respond. The primary issue lies in the prevailing approach to cocaine trafficking in the region of West Africa concentrates on controlling the supply of drugs via lawfully enforced efforts (Vigh, 2019).

The limited focus is placed on the aspects of development and health, which are highly affected due to the overabundant effects of cocaine trafficking, which in the coming time can cause a bigger security threat to the people of West Africa than is presently accepted. The UN Security Council, over the past few years, with time, have discussed the increasing threat produced by cocaine traffickers in Africa and, more lately, in the regions of West Africa (Aning & Pokoo, 2014). Later it will lead to the assumption of numerous essential UN PRSTs or UN Security Council Presidential Statement where the UN Secretary-General was encouraged to believe that the issue of mainstreaming was the foremost issue of drug trafficking as an element of conflict analysis, peacebuilding support, dispute precluding strategy, assessment for integrated missions’, and planning support (Vigh, 2019).

Answer B

In Africa, drug trafficking has become a matter of serious concern. The increase in the flow of illicit drugs threatens peace and security, public health, good governance and economic growth (Aning & Pokoo, 2014). To combat the issue, the international narcotics control regime focuses on the supply of drugs by enforcing various laws. The Economic Community of the West African States and the United Nations Office for West Africa stated their concern about drugs and related crimes in West Africa. About 30 tons of cocaine and 400 kg of heroin were trafficked in response to which the ECOWAS claimed that drug trafficking is one of the perils of the state (Aning & Pokoo, 2014).

Furthermore, drug trafficking is regarded as a rival of the constitutional system. Thus the ECOWAS and UNODC have taken responsibility for drug trafficking in west Africa. The Praia declarations show a strong political commitment to combat drug trafficking in West Africa (Bisong, 2022). In addition, the UNODC’s response showed efforts in peacebuilding by reducing drug trafficking, thereby bringing in the socio-economic development of Africa.

The regional programme reinforces initiatives at the national and regional levels by focusing on certain sub-programmes (Aning & Pokoo, 2014). These are drug prevention and sound health, justice, illicit trafficking and awareness creation programmes. In addition, the ECOWAS commission is also supported by the UNODC in its potential as a regional leader to safeguard regional ownership in acting as an authority against drug trafficking. Another authority that has taken action against drug trafficking in West Africa Coast Initiative (WACI) is to help implement the regional plan (Chevalier et al. 2019). In addition, WACI aims to build regional capacity by ensuring that no such drug trafficking occurs.

While combatting drug trafficking, the authorities encountered several issues. This is because policies concerning drug users are mainly based on punitive measures. Only severe sentencing prevails for the persons who are convicted the first time. Limited measures are taken to treat prison offenders and support rehabilitation efforts (Popescu, 2018). Studies have shown that repressive drug enforcement measures refrain users from availing of public health services. As a result, the person who cannot avail of the services becomes the victim of severe diseases, including HIV (Okunade & Ogunnubi, 2021). In this respect, situations arise for increasing treatment rather than the imprisonment of drug traffickers. It is not only the youths who become drug traffickers.

To make matters worse, the police of West Africa have also become a part of the heinous crime. Another issue the authority faces is encountering the Ghanaian police officers arrested in September 2012 (Aning & Pokoo, 2014). This is because they were caught transporting 1.5 tons of cannabis priced at 4.3 million UD dollars to the United Kingdom. Moreover, the authorities also faced issues when they found traditional leaders engaged in drug trafficking (Aning & Pokoo, 2014). In West Africa, the government resources and services are limited, which would otherwise have helped the authorities deal with drug trafficking issues.

Answer C

UNODC collaborates with Brazil to implement the National Operational Plan for combatting drug trafficking and its related crimes (Raineri, 2018). Guinea Bissau, a country in West Africa, has been plagued by drug smugglers that have posed a major threat to the nation's security. To mitigate the issue of drug trafficking, a Training Center of Security Forces was established with the support of Brazil. The main aim of this centre was to make the security forces' capacity more vigilant. This would further help to encounter narcotics and the drug trafficking activity that is carried on in West Africa.

Another strategy to mitigate the issue is the AIRCOP programme which the European Commission supports (Gallien, 2020). This is implemented with the INTERPOL and the WCO with an aim to strengthen intelligence and cooperation within the airports on three continents, Europe, Latin America and West Africa. As most heroin and cocaine traffickers come through airports, a strong vigilance in the airports would help in effective cocaine seizures. In addition, several strategies are formulated by ECOWAS as an obligation of commitment to various international norms of narcotics control (Francis et al. 2019). The earlier drug control measures taken by ECOWAS are resolutions concerning the control and prevention of drug abuse and the establishment of a fund at the regional level for drug control activities.

The police shall be provided adequate training to have the knowledge and skill to investigate and disrupt drug trafficking. This training can be coupled with operational support to help the neighbouring countries in taking stern actions against drug trafficking. For instance, the police of Papua New Guinea and Timor Leste have learned how to give an analysis of the composition of drug packages (Morojele, 2019). The first global conference of INTERPOL on illicit drugs brought together representatives of over 100 countries. These members are educated about the implications of drug trafficking and various criminal activities. In future, it is necessary to organise more such global conferences and educate the members about the impacts of drug trafficking. It is also necessary to strengthen the sanctions on drug traffickers, which in turn will lessen the drug trafficking activity in the nation (Campana, 2020). Moreover, the border security forces also need to be increased as this will help in mitigating the issue. As the trespassers are subjected to strict checking, the chances of criminals entering the country will slowly lessen. The authorities who will be in charge of combating offence will not have to take trouble anymore, as the trespassers will go through scrutiny on the border itself.

Conclusion

It is evident from the report that drug trafficking is a serious issue prevalent in West Africa. The country has faced an exacerbated influx of drugs coming through the desert regions, ports and airports. Moreover, the resources are barely available for the treatment of drug users. Thus various authorities have taken strenuous measures to bring down the intensity of drug trafficking in West Africa. UNODC and ECOWAS have implemented various measures to combat the serious issue of drug control. In doing so, they have faced certain challenges. For instance, they had to deal with police drug abusers who were a part of the drug trafficking team. Moreover, the drug control policies in Africa had to be taken care of as the authorities faced challenges, suitable measures, such as strict border checking, global conferences on drug trafficking and various other norms, to mitigate the issue.

Reference

CL4303 Legal Foundation Assignment Sample

Question

1. Section 7 of the Public Libraries and Museums Act 2021 (fictitious) provides that ‘it shall be the duty of every library authority to provide a comprehensive and efficient library service for all persons desiring to make use thereof’. Last month, Casterbridge Library Authority reopened its central library after a period of closure owing to the coronavirus pandemic. ‘Everyone who has been vaccinated against SARS-Cov-2 (the coronavirus at the centre of Covid-19) will be welcomed, announced Peter Hardy, the Authority’s head of library services.

Advise:

Dan Morgan is a local journalist and regular user of the library. He was recently refused entry to the library, despite being fully vaccinated against the virus. Morgan wrote to Hardy asking for an explanation, but his request was declined. Morgan suspects that the decision is connected with tweets from his twitter account alleging that Porter breached lockdown rules.

The Casterbridge Butterfly Society have learned that Hardy ordered the destruction of the ‘Frederick Sassoon Special Collection on Butterflies of Africa’, on grounds of the author’s associations with the African slave trade. The Society seeks to preserve this irreplaceable record of natural history for the benefit of the public. After being approved access to the library, Emily Wing is informed that there is a new membership fee of £1000 a year to borrow books. Dan Morgan, The Casterbridge Butterfly Society, and Emily Wing seek your advice on grounds and remedies available to them under the judicial review process.

Solution

Introduction

In the given discussion, there will be advice given to Dan Morgan, Casterbridge Butterfly Society, and Emily Wing. The advice would be given to these parties based on the fact that they should be able to have judicial remedies. In the case of Dan Morgan, he is not allowed to use the library even though he is vaccinated. The Casterbridge Butterfly Society has faced the challenge of stopping the demolition of Frederick Sassoon&#39;s Special Collection on Butterflies of Africa. Finally, Emily Wing will be advised that she has been informed about a new membership fee of 1000 pounds to borrow books from the library.

Discussion

 Advice to Dan Morgan

In the per given case for assignment help, Dan Morgan, a local journalist and a user of the library has been denied the usage of the library under the grounds of vaccination. However, Dan Morgan has claimed that he has been fully vaccinated and that he has been refused to enter the library because he had alleged Porter to have breached the rules of lockdown. Hence, Dan Morgan has insinuated that since he had alleged Porter, who is likely to be an ally of Peter Hardy, breaking the lockdown rules, he has been refused to use the library services. According to Section 7 of the Public Libraries and Museums Act 2021, every library authority has to provide a library service that is not only efficient but also comprehensive to every individual. However, due to Covid-19, the rules have changed, and people are compelled to vaccinate before using the library. Hence, people who are not vaccinated are not allowed. Therefore, if Dan Morgan had not been vaccinated, then refusing him the services of a library could have been understandable. However, he has been vaccinated; therefore, the refusal of Dan Morgan is a breach of the Act. Therefore, Dan Morgan can take three actions to resolve the situation, and the three options have been discussed below:

Responding to the consultation of the council on the proposals for library services.

Raising questions at the council meetings.

Making an official complaint to the Secretary of the State (GOV.UK, 2022).
Since Peter Hardy has refused to explain to Peter Hardy, he should complain to the Secretary of the State and tell him that his refusal to attend the library services can be because of a personal vendetta that Peter Hardy has against him. Advice to Casterbridge Butterfly Society According to this case, the Casterbridge Butterfly Society has learned that Peter Hardy has ordered the collapse of the Frederick Sassoon Special Collection on the Butterflies of Africa.

The grounds for complaint are that Peter Hardy has claimed that Fredrick Sassoon had an association with the slave trade in Africa. Society seeks to preserve the irreplaceable record because it is a part of history that is very important. Therefore, the records are being kept as a historic site. The Casterbridge Butterfly Society has to claim that natural history records show African history. Even if Frederick Sassoon had associations with the African Slave trades, the historical records would not qualify to be demolished because the records do not concern the association with Frederick Sassoon.

Furthermore, the law for protecting heritage in the UK states that historical sites must be retained and explained. Therefore, the records must be retained. It must be explained. Also, as per the current law in the UK, the people who want to remove a historical place will require planning permission or building consent. However, even if the government has granted the site&#39;s demolition, the society to which the records belong will be held questionable (Legislation.gov.uk, 2022). When the Casterbridge Butterfly Society is questioned, they will have to explain how the association of Frederick Sassoon does not necessarily demean the status of the records. There is another method by which the Casterbridge Butterfly Society can prevent demolition. That is to prove that Frederick Sassoon did not have any kind of association with the slave trade in Africa.

Advice to Emily Wing

The given case states Emily Wing, who has applied for the books borrowing services from the library, has been given access. However, after being approved, she has been informed that the new membership will cost 1000 pounds per annum to borrow the books. One thousand pounds per annum is a huge sum of money that might not be accepted from the part of Emily to pay the library for borrowing the books. Considering that Emily Wing was not informed about the fees and after getting access to the library, she was asked to subscribe 1000 pounds per annum to borrow books; she can have a judicial remedy.

As per the memberships provided by British Library, the normal membership fee per annum is 80 pounds, the joint membership fee is 120 pounds, and benefactor member fees is 500 pounds (The British Library, 2022). Therefore, it can be concluded by saying that the library whose access Emily has gotten is charging excess of membership fees. Therefore, giving Emily access before making her aware of the membership fee of 1000 pounds per annum qualifies to be a fraud. The UK library policies tolerate zero fraud policy therefore, Emily Wing should report the incidents to the Action Fraud either on the Action Fraud website or by calling in the number 03001232040 (Actionfraud.police.uk, 2022). The Action Fraud centre is where Emily Wing would receive advice on the scam or the fraud that had taken place with her.

Conclusion

As per the above discussion, it is fair to state that Dan Morgan and Emily Wing would easily get the justice they deserve. However, in the case of Casterbridge Butterfly Society, it might not be the case because it will depend on the intensity to which the society can convince the judiciary about the non-association of Frederick Sassoon with the slave trade in Africa.

Question

Describe and analyse the case for reform of the Human Rights Act 1998.

Solution

Introduction

Human rights act 1998 is the law in the UK promoting the equality and fair treatment of all the people. It includes various rights that need to be followed by all the people. The important principles included are treating all people fairly with dignity, equality, respect, and independence. The government in the UK wanted to take steps regarding protecting human rights and the implementation of the Act led to change in the political and legal system. The main reason for reforming the Human Rights Law in the UK is that the framework had various flaws. There was an increase in the right culture which removed the importance of responsibility toward the individuals and the public. There was a presence of uncertainty in the legal environment and also confusion. 1
Discussion

Analysis of the case for reform of the Human Rights Act 1998

In the case of Abu Qatada, the person was from Jordan and was arrested and they wanted to send him to Jordan about the case. Still, he was not deported because the human rights act under article 6 stated that the people who argued against him were tortured to speak against him. In another case, Strasbourg Court provides the prisoners the right to vote. The Human Rights Act also aims to support the living instrument to increase the importance of rights and article 8 of the human rights gives a lot of importance to the private and human life. Various conventions are brought in by the Human rights act to protect children from abuse. 2 The Human right act 1998 has all the cases setting up the substantive right listed in the convention. The human right act has made it mandatory for the courts in the UK to take the advice of the European human right for taking all types of decisions, or judgments. In the case of Lourd Tucson, who served as the supreme court judge, the court started considering the earlier decision taken by the court of Strasbourg. Still, it does not apply to all cases and taking the same decision may not be favorable. In the case of the human rights act 1998 it is argued that the people promote the various human rights changes regarding human rights like voting or others but they have not followed and causing harm to others is the main problem. 3 In the case of one human rights case was filed by the prisoner about the community worship and another on medically fit food was not provided all this cost huge legal fees being paid.

There are various cases filed with the human rights similarly but some of the cases files wasted the time and found that they were not so this led to the people not trusting the Human rights law. In the case of the Turkish National, there was physical harm caused his appeal was allowed on deportation in consideration of him married to a UK national and has residenceunder the law article 8 of Human right he was approved his appeal. 4 The main reason for the UK Human right Act to be replaced is to reduce the problems and it is thinking to bring the Bill of Rights in place to replace the old system. The UK has updated the Human right Act and provision in 2020 and analyzed if any changes need to be done. It wants to reform the law after analyzing all the factors it wants to separate the power of courts and the parliament.

It wants to make diverse changes in the legal system. The UK is asking for the point of view of all the nations of the UK to protect the rights of humans and have diversity in the formulation of decisions. 5 The UK government has promised to consider all the responses that will be given. The human rights laws established in 1998 are a bit old and now require the application of common sense to be faithful and follow human rights principles. The replacement of human rights, which is the Bill of Rights, will help protect the right of humans and the right to life, which are the fundamental rights. The Human right Act is considered to function better today than before because before people had to take all their cases to the Strasbourg court only but today the people can take their cases to other courts as well. The Act of human rights is set by respecting the parliament as well. The court started the review of human rights in the year 2020. The various cases can be filed with the Human Right Act against government organizations, police, or others for treatment in an unfair manner, violating human rights. These rights are not only for the people of UK citizens but they also apply to all the people whether their citizens of the UK or not. The human rights laws have European conventions to be followed by the courts while giving the judgments about the various types of cases. The judges of the court need to decide according to conventions and it will be unlawful if any public authorities do not follow the conventions. 6

Conclusion

The Human rights act established in the UK and came into force in the year 2000 was mainly to make sure that the various authorities, the public, central, or the local government, try to protect the human rights of all the people leaving in the UK. This reform has helped the various individuals approach the UK court and fight against human rights. The human rights act does not come under the control of any political party and has over 16 human rights.

Human rights apply to all people including children and it has become successful in the UK as it has a positive impact on all the people living in the UK. The Human rights law has brought into practice the rights which are included in the European human rights conventions into the domestic laws the government is in a plan to introduce the Bill of Rights as the replacement for Human rights law.

References

LST2001 Introduction to Business and Company Law Assignment Sample

Legal Writing Task

INSTRUCTIONS

Please read the instructions BEFORE you start writing your assignment!

1. This assignment is worth 10% of your final mark for this subject.

2. All questions MUST be answered.

3. With regards to formatting, your assignment must be typed with 1.5 or double spacing, and with margins of at least 2cm on all sides. Size 12 font MUST be used.

4. It is essential that you cite relevant authorities (cases) wherever possible to support your reasoning in each answer. We strongly recommend students to use IRAC when answering the assignment questions.

5. Your work MUST be appropriately referenced, using footnotes. Where you state a legal principle, which comes from a case, you must provide a citation to the relevant case. If you are stating a legal principle that is covered in the textbook or lecture and which does not have a relevant case provided in the textbook, you should cite the textbook. You are not expected to use any materials beyond them lectures and the set textbook. But if you do, you must provide appropriate citations. No separate bibliography is required. Format your citations according to the citation guide at the end of this document.

6. Your assignment must be 1000 words or fewer, excluding all footnotes. You must state the word count on the front page of your assignment. (If you fail to provide this, the marker will be forced to estimate the word count, and this may lead to penalties.)

7. You must also state the details of your seminar on the front page of your assignment. This includes the day and time of your seminar, and the name of your seminar leader.

10. You can only submit your assignment once. Submission is final. You will not be able to access your Turnitin originality report. Teaching staff will be checking these reports ourselves.

11. You MUST not plagiarise. To avoid plagiarism, make sure you acknowledge all your sources with appropriate citations

FACTS

Bilal was contacted by a TV Production company about a new position of Producer that they were advertising.

In the email that the CEO sent to Bilal, the company asked about his availability and qualifications.

Bilal responded by email the same day indicating that he met the qualification requirements, was interested and available.

Bilal was then contacted by the Human Resources department and told that he was ‘just the person’ they were looking for. The company told Bilal they would pay for his relocation costs from Sydney to Melbourne.

On the basis of that discussion, Bilal declined the lucrative position he was considering in Sydney and arrived in Melbourne. He preferred to live in Melbourne because most of his extended family was located here.

He opened his email when he arrived in Melbourne (his email had not been functioning for the last week properly as his inbox was overfull and he had been too busy to have it fixed).

An email had been sent by the company one week ago but due to the malfunction of his inbox Bilal was only able to read it now. The email indicated that the position Bilal had come to Melbourne for was no longer available. Bilal was extremely upset and told the company that they had breached the contract Bilal had agreed with him.

The company stated to Bilal that in their view that no written contract existed. They admitted that there had been some oral discussion and email exchanges but denied that any contract was made between the parties.

The company indicated that if Bilal wished to work for the company a more junior position, then the role of ‘assistant’ producer was available. The pay and hours were much less than the original position.

Bilal wants to sue the company for breach of contract. The University claim no contract ever existed and that the parties had only engaged in discussions.

QUESTION

Please advise Bilal whether or not a contract existed between him and the company and what defences that company might put forward.

Solution

Issue

In the given scenario the legal issue has been identified is the existence or entering of any contract between Bilal and TV production Company or any breach of contract has been made by Company. The issue is also to identify if the communication of revocation has been effectively communicated.

Rule

According to Australian Contract law , there are some key elements for formation of contract. The key elements are offer, acceptance, intention to create a legal relation, capacity to contract and sufficient consideration. The acceptance of the contract can be orally, in writing, by performance such as in unilateral contracts and must be communicated to offeror. The means of communication for acceptance of offer is phone, SMS, email, post, or any method specified by offeror. However, acceptance does not take place when there is silence, inaction, counter offer, or no response has been received to the offer. Some invitations such as advertisement, auction bids, shop displays are invitations to treat but cannot be called as offer. Advertisements are invitation to others to make an offer for assignment help.

Furthermore, a mental decision to accept is not sufficient and acceptance need to be communicated. The general rule of agreement states that an agreement is only concluded when communication of acceptance has been received. In the case of using instantaneous mode of communication, the acceptance is said to be received even when it is not read by offeror. There is need to use clear language to call an agreement to be accepted and if no clear language is existed then effective and fast method of communication is effective.

As in the case of Crown v Clarke High court, Australia, the issue was acceptance and valid requirement for acceptance to be there in response to offer. There was no agreement formed between parties as the information was given but not in response to the offer.

In the case of Byrne & Co v Leon Van Tienhoven & Co , court held that offer can only be revoked when revocation is directly communicated to offeree except postal communication. An offer can be withdraw before accepted and it is not relevant if the offer is expressed to remain open to be accepted in stipulated time or not unless the promise includes any consideration.

Application

Email has been considered as instant mode of communication. Production Company used the email as mode of communication of non-acceptance as no such method of communication has been clarified between parties. There are no universal rules apply to every cases and need to be resolved by checking the intention of the parties to the Contract . The law clearly says that the acceptance is always required to be clearly communicated. In the case Production Company did not accepted the offer as only discussions were going on. Production Company only showed the advertisement of producer position as a treat to make an offer. TV Production Company communicated their non-acceptance through email which was instantly received by Bilal but was not read.

A contract will only be formed when both parties accepted the contract. Company was only mentioning its terms and conditions but did not accept the offer. However, Bilal communicated his acceptance of the offer that he is interested and available but still Company’s acceptance was pending. The non-acceptance of the offer has been sufficiently communicated by Company to Bilal but he could not read the email due malfunctioning of his email. As per specific rule of acceptance the communication of acceptance through email is said to be received immediately irrelevant if the email has not been seen.

The contract is said to take place when all key elements have been existed to form the Contract . The parties carried intention to enter into contract where Company advertised for the new position of producer and Bilal applied for the position respectively which was a treat to invite offers. Though, both parties were capable to legally enter into contract but, the acceptance was only from Bilal side and Company did not accept the offer either orally or in written as the human resource department of the Company only explained the terms of the offer to Bilal. Bilal assumed the acceptance of the Company in mind and took action by declining position in Sydney which does not form a valid contract. There is no agreement took place between Company and Bilal as human resource department of Company was only performing their duty to provide information but that was not in respect of the offer.

Email is direct and instant communication and revocation will be considered as valid. Production Company sent the email a week before but due to malfunctioning of email of Bilal for a week, Bilal could not read the revocation. However, Company was successful to directly communicate to Bilal conveying an intention to not bind by offer is sufficient in eyes of law.

Conclusion

In the given case, the contract has not been conducted as there was no acceptance and consideration. Bilal was invited by Company to offer and Company discussed terms and conditions with Bilal. However, Company decided to revoke the offer and communicated Bilal through email which was not read by Bilal. Company did its direct communication of withdrawing of intention to get into contract and thus no contract could be form. There was no acceptance and agreement thus there was no contract between Company and Bilal except discussion of the terms and conditions of the Contract. Bilal did not wait for Company’s acceptance and assumed in his mind that the contract took place within such oral and written discussion of terms of condition. A contract need to be valid will all key elements and were missing in the eyes of law. Therefore, there was no valid contract and no breach of contract by Company as alleged by Bilal.  

Bibliography

Australian Contract law, 2019. Overview of Agreement. [Viewed 25 March 2022]. available at https://www.australiancontractlaw.info/law/agreement
bosslawyers, 2019. Formal execution of contract. [Viewed 25 March 2022] https://www.bosslawyers.com.au/will-contract-not-formally-executed-will-considered-binding-concluded/

Legislation
Australian Contract Law
Legal Cases
Crown v Clarke (High Court, 1927)
In the case of Byrne & Co v Leon Van Tienhoven & Co [1880] 5 CPD 344

M21764 Business and Employment Law Assignment Sample

Task

This is an individual assessment. This piece of coursework which comprises 50% of the total marks for this module, consists of questions based on a case study and requires you to demonstrate problem-solving skills and undertake, and communicate clearly, objective analysis of complex factual situations in the context of employment law; access and critically analyse paper or electronic primary and other legal sources; conduct independent research on legal topics.

Please read the case study below and ANSWER QUESTIONS 1 and 2.

AVO is a company that provides financial management and auditing services for businesses.

Due to profits made from last year, AVO did set up new branches and hired more staff. Ms

Ariana was recently appointed at AVO as a sales and marketing representative.

Ms Ariana’s contract included a 6-months probationary period. Ms Ariana’s contract also allows her to leave work at a time she chooses once her work for the day is done. Her contract says she is an Independent Contractor, and that either party can terminate the contract by giving one month’s notice. She is paid £600 per week via the AVO’s PAYE Payment system. Although she has some flexibility with her working pattern, she is required to seek permission for any holiday or annual leave and inform her line manager. Ariana is also required to dressin the Company’s uniform and to work exclusively from the premises of the company. At the end of the month, she noticed that her salary was shortened by the deducted period she was on holiday. When she raised it with the HR, she was told that her contract specifies her as an Independent Contractor, and so, she is not entitled to holiday pay.

Ms Ariana is so excited with her new job and although she has worked for 3 months so far, she is already well spoken of by other colleagues and the line manager. Ms Ariana is also a

Christian who loves to share her faith whenever the opportunity arises. One day, Ms Ariana asked her line manager for permission to use one of the office rooms during lunch break to share her faith, for which she was granted permission. Many of her colleagues attended the talk she hosted during their lunch break and gave her positive feedback, with some of her colleagues even wanting to learn more about her faith.

Two weeks later, Ms Ariana was called unto the office by her employer, and in the presence of two other senior staff, and a HR personnel, was handed a letter explaining that they will no longer need her working for the company, and that she should take her personal belongings and leave the office premise immediately. When she asked why this sudden decision, she was told that this company is not a place for sharing religious beliefs, as it is distracting to the work of the company.

Question 1

Ms Ariana also feels she is being discriminated against on the basis of her religion. Advise Ms Ariana on the scope of the law relating to religious discrimination under the Equality Act 2010.

Question 2

Before Ariana was fired, she had taken a three weeks holiday. However, AVO has noted that they will not pay her for those holidays as she is an independent contractor. Advise AVO on what is the employment status of Ms Ariana, and whether Ms Ariana has a legal claim for the unpaid holiday.

Solution

Question 1

Issue

The question that has to be answered in this instance is whether Ms Ariana's employer, AVO, engaged in unlawful discrimination against her on the basis of her religion or belief. Such conduct is forbidden under the Equality Act of 2010. For Assignment Help, The most important issue that has to be addressed is whether or not the acts that were performed by AVO were discriminatory.

Law

The Equality Act of 2010 makes it illegal to harass, intimidate, or otherwise victimise someone on the basis of their religion or belief in any way, whether directly or indirectly . Someone is given less favourable treatment due to the fact that it is directly related to their religion or belief in the event of direct discrimination. When a law, criteria, or practice is used that places persons who share a specific religion or belief at a disadvantage relative to others, this is an example of indirect discrimination. Direct discrimination happens when an individual is treated differently because of their religion or belief. When an employee is exposed to undesired behaviour connected to their religion or belief that violates their dignity or produces an intimidating, hostile, degrading, humiliating, or offensive environment, this is considered harassment . Harassment may also occur when an employee is subjected to conduct that is objectionable. The term "victimisation" refers to the situation in which an employee suffers a negative consequence as a result of having filed a complaint of discrimination or harassment at work or having supported the filing of such a complaint by another employee. Moreover, a worker is guaranteed the right under Section 39(2)(c) of Employment Act 1996 not to have their employment terminated in an unjust manner by their employer . When an employer terminates an employee's job without completing the appropriate processes, when the termination is based on discriminatory grounds, or when the termination is otherwise unjustified, these are all examples of the kind of situations that might lead to an unfair dismissal. In addition, An employee who is terminated in a manner that is inconsistent with their rights as outlined in the Employment Rights Act of 1996 has the ability, as outlined in Section 136 of the Act, to file a claim with an employment tribunal. Before bringing a claim, the worker is required to go through the procedure of early conciliation with the Advisory, Conciliation, and Arbitration Service (ACAS) .

Application

Ms Ariana claims that her job at AVO was terminated because of her religious convictions and the fact that she was prepared to communicate those opinions with her colleagues during lunchtime breaks. If what you say is accurate, then you are engaging in direct discrimination on the basis of religion or belief, which is against the law according to the Equality Act. In the case of Grainger plc v. Nicholson [2010], it was determined that a person did not need to be of the same faith as others who were treated more favourably in order for them to be considered a victim of discrimination . This was one of the key findings of the case. In the situation with Ms Ariana, her religious beliefs played a part in her obtaining care that was less than ideal.

Ms Ariana may also have a claim for indirect discrimination if the policy of not allowing religious conversations in the workplace impeded her ability to convey her religious views in a manner that was disproportionately more difficult for her than it was for other workers. In the case of Essop and Others v. Home Office (UK Border Agency) [2017], it was decided that a law, criteria, or practise that places persons at a disadvantage relative to others on the basis of a protected trait, such as religion or belief, is considered to be indirectly discriminatory . This case was cited as the case that established this principle. The onus of proving that a particular provision, criteria, or practise is a proportional method of accomplishing a lawful purpose lies squarely on the shoulders of the employer.

In addition, if Ms Ariana was terminated after requesting time off to communicate to her colleagues about her beliefs over lunch, she may have a claim for being a victim of workplace discrimination. It was established in the case of the City of York Council v. Grosset (2018] that victimisation might occur when an employee is exposed to a disadvantage for filing a complaint regarding discrimination or harassment or for supporting the complaint of another individual . If Ms Ariana can provide evidence that she was the victim of wrongdoing, she may be eligible for compensation for the injuries she sustained as well as other forms of relief.

If Ms. Ariana encountered any inappropriate behaviour linked to her religion or belief that violated her dignity or produced an intimidating, hostile, degrading, humiliating, or offensive atmosphere, then this case may also include harassment as a factor. It was decided in Khan v. G4S Cash Solutions (UK) Ltd. [2018] that harassment may take place even if the person responsible for it does not intend to harass the person who is the target of the harassment . It is important to consider how the conduct affects the victim, namely if it is unwelcome, whether it breaches the victim's dignity, or whether it creates an environment that is frightening, hostile, demeaning, humiliating, or otherwise unpleasant.

Lee v. Ashers Baking Company Ltd [2018] is another case that could be cited in this context because it deals with discrimination based on a customer's sexual orientation and political beliefs when the bakery refused to decorate a cake with a message supporting same-sex marriage . Case studies like this one show why it's crucial to protect people from prejudice based on their religious or other identities. It also highlights the need of companies to be cautious not to break discrimination laws while offering their products and services to the general public.

Regarding an employer's duty to accommodate a worker's religion, the case of Chondol v. Liverpool City Council [2018] is instructive . An employee in this case claimed she was discriminated against because of her religion when she was forced to work on Fridays, a day of worship for Muslims. The Court of Appeals ruled that the company engaged in indirect discrimination against the employee because of her religion since it did not offer any "reasonable accommodations" for her religious views. It is clear from this case that businesses cannot afford to wait for complaints about discrimination based on employees' religion before taking corrective action.

Conclusion

It is possible that Ms Ariana has a claim for religious discrimination against AVO if she is able to prove that she was treated less favourably by AVO due to the fact that her religion or beliefs were taken into consideration. It is possible that she was subjected to prejudice in this situation since she was fired shortly after informing her colleagues about the opinions she had during a lunch break. It is possible that Ms Ariana is qualified for a variety of compensations.

Question 2

Issue

AVO's potential liability for unpaid holiday pay to Ms Ariana based on her employment status

Law

The employment status of a person is dependent on a number of variables, including the type of job that is done, the amount of control that is exerted by the employer, the degree to which the worker assumes financial risk, and the general working relationship between the parties. The stipulations of the contract are taken into account as well, although they are not the deciding factor. Under the Working Time Regulations 1998 and Employment Rights Act 1996 , a person is eligible for a number of employment rights, one of which is paid for time spent on holidays if that individual is regarded to be an employee.

Application

Regarding the situation between Ms Ariana and AVO, the contract that Ms Ariana signed indicates that she is an independent contractor. In order to evaluate her employment status, the courts will go beyond the terms of the contract and investigate the actual working relationship that exists between the parties. According to Employment Rights Act 1996, section 4, there are a number of indications that point to the possibility that Ms Ariana is an employee rather than an independent contractor . The section implies that a person is considered to be an employee if they have engaged into a contract of employment or are working under the terms of such a contract, regardless of whether the contract is stated, implicit, written, or oral.

For instance, she is obliged to do all of her duties at the facilities owned and operated by AVO, to wear the uniform provided by AVO, and to get authorisation before taking any vacation time or yearly leave. A standard weekly wage is also sent to her via the PAYE payment system on a consistent basis. The fact that she is required to work entirely from AVO's premises and get permission before taking time off hints at a greater degree of control than one would anticipate for an independent contractor . Her employment agreement states that after her job for the day is over, she is free to leave work at any time she chooses, but she must do so after obtaining permission beforehand.

The defendant in Pimlico Plumbers Ltd and Mullins v Smith (2018) was a plumber who had worked as an independent contractor for Pimlico Plumbers for some time . Mr. Smith, the plumber, claimed that he was entitled to a wide range of benefits as an employee of the firm. The court ruled that Mr. Smith was not a contractor as stated in his contract but rather an employee. The court reached its decision after considering evidence suggesting that Mr. Smith was subject to significant supervision by Pimlico Plumbers, that he was required to conduct his services in person, and that he wore a uniform supplied by the company.

In the case of Ms. Ariana, AVO is able to exercise some control over her employment by requiring that she do all of her tasks inside their premises and wear clothing that conforms to their requirements. Given this, it's more probable than not that she is an employee, not an independent contractor, even if her contract says otherwise.

The firm that employed the valets for the vehicles in Autoclenz Ltd. v. Belcher and Others (2011) claimed that the valets should be classified as independent contractors rather than employees . The valets, on the other hand, insisted that they were employees who were due a number of protections under the law. As the court said, the valets' contractual contracts did not reflect the reality of their working relationship with Autoclenz Ltd, hence the court found in their favour. The court's ruling was affirmed, and the valets received their pay. The court's conclusion was based on the fact that the valets were required to do the job themselves and that Autoclenz Ltd retained substantial control over the valets' performance.

Ms. Ariana's situation with AVO is similar to the Autoclenz case in certain ways. Despite the fact that she is technically an independent contractor, AVO has a great deal of say in her day-to-day operations since she must use only AVO equipment and wear AVO uniforms. Moreover, she has no choice but to work within AVO's regular business hours. This evidence suggests that Ms. Ariana is an employee, contrary to the terms of her contract.

Uber drivers claimed they should be considered employees rather than independent contractors in the high-profile litigation Aslam and Others v. Uber BV and Others (2018) . The court sided with the drivers, ruling that they were employees entitled to a number of protections under the law, including the entitlement to a minimum wage and paid vacation. The judge's decision was based on many factors, including Uber's extensive control over the drivers' work and the fact that the drivers had little input over how they were expected to carry it out.

In the case of Ms. Ariana, AVO's tight control over her job is shown by the fact that she is required to do all of her work at their offices and in their uniform. The fact that she is required to do all of her work at AVO headquarters further suggests that privacy is highly valued there. Given the company's involvement, this fact suggests she may be an employee rather than an independent contractor. Like the claim that Uber drivers are entitled to minimum salary and paid holidays, the fact that Ms. Ariana was not reimbursed for her time off during the holidays may be considered as an infringement of her employment rights.

Evidence that Ms. Ariana may be an employee rather than an independent contractor is bolstered by the case laws of the United Kingdom. To ensure they are fulfilling their duties as an employer in compliance with employment law, AVO should speak with an attorney to determine whether or not Ms Ariana is entitled to any unpaid holiday compensation.

Conclusion

To ensure that they are in full compliance with all applicable employment laws, AVO should speak with a lawyer. It seems that Ms. Ariana may be an employee entitled to holiday pay, based on the results of the research into her employment status and the applicable case statutes. The proper classification of AVO's employees is crucial to avoiding legal liability for things like unpaid vacation and other employment protections. 

Bibliography

Primary sources

UK Cases

Grainger plc v Nicholson [2010] IRLR 4
Essop and Others v. Home Office (UK Border Agency) [2017] IRLR 986
City of York Council v. Grosset (2018] ICR 629
Khan v. G4S Cash Solutions (UK) Ltd. [2018] IRLR 80
Lee v. Ashers Baking Company Ltd [2018] UKSC 49
Chondol v. Liverpool City Council [2018] EWCA Civ 474
Pimlico Plumbers Ltd and Mullins v Smith [2018] UKSC 29.
Autoclenz Ltd v Belcher and Others [2011] UKSC 41.
Aslam and Others v Uber BV and Others [2018] EWCA Civ 2748.

UK Primary Legislation

Working Time Regulations 1998, SI 1998/1833
Equality Act 2010 (c 15).
Employment Rights Act 1996, s 39(2)(c)
Employment Rights Act 1996, s 4
Employment Rights Act 1996, s 136
Secondary sources

Book

Smith, I., Baker, A. and Warnock, O., Smith and Wood's Employment Law (Oxford University Press 2017).