BUS1006 Business Law Assignment Sample
Due date: Week 7
Word count/Time provided: 2500 words
Unit Learning Outcomes: ULO4 & ULO5
Students must search Australian legal databases and find a court decision that has been decided over the past few years. The court decision must be on legal issues that arise on contract law. Once you have chosen a relevant court decision, you must critically review the decision. In critically reviewing the decisions, you must address the following points:
- Summarise the facts of the case for assignment help
- Identify the legal issues
- Analyse the applicable laws and discuss the relevant aspects of contract law which are applied on the case.
- Critically review the decisions
Apart from critically reviewing the court decisions, students are required to do a literature review on the relevant contract law principles or rules. In that, an in-depth discussion must be included on the meaning, scope, and application of the relevant aspects of contract law.
The criteria of Contract Law are mainly defined as the agreement between two individuals, people and businesses. If someone doesn't follow the agreement, then it is definitely termed as a breach of contract in the negotiation of legal terms legislations. The criteria of contract law also help to exchange major promises between two people in order to manage the affordability of obligations recognised by the enforced laws in a very optimised manner. In this study, a specific Australian court decision will be selected based on the legal issues of contract law. The selected court decision for this study is the High Court of Australia Bulletin  HCAB 5 and it is significantly related to the execution of contract law based on the decision of anti-tendency direction.
Literature review on relevant contract law
Concept and scope of contract law
The idea of contract law is significantly referred to as the passing of unique promises between two or more individuals by following the rules and norms of legal entities in a very reliable and viable manner. The implication of contractual legal entities can easily follow the agreement between new sponsored business partners in a very reliable and viable manner. The major laws used in this specific case study mainly include constitutional law, criminal law and industrial law based on the implication of the High Court of Australia Bulletin (Amigud and Dawson, 2019). The accommodation of industrial law is mainly based on the agreement of enterprises that can be very useful to viably detect serious misconduct of code through the help of certain disciplinary actions in a more meaningful and viable manner. In industrial law, the breach code can be easily identified with the validity of breach of conduct through the help of new business knowledge based on cases of contravened EA in early intervals of time (Awdry and Newton, 2019). In the context of industrial contract law, the respondents are significantly required to append for the proceedings of federal circuits that mainly deals with the valid implication of sources based on the proper conduction of legal codes and authorities in a very suitable manner. According to the actions of Industrial Law in the given case study, almost 56% of casual employees are required to be resituated based on the satisfaction of leave entitlements with the valid negotiations of Fair Work Regulations At of 2009.
Principles of Contract Law
In the country of Australia, the optimum intention for the development of legal relations can be easily confined with the help of valid contract law. Meanwhile, the four major principles of contract law in Australia are Acceptance, Legal Obligation, Meaning and Elements (Bretag, 2019). In contract law, the criteria of acceptance deliberately occur when one party mainly attends the quality of the other party based on the implication of a new research plan and tactics on a reliable basis. The overall optimisation of compliance also helps to generate new amounts of money with the integration of authentic business systems that can be functionally categorised through the growth of new business management systems on a daily basis. The acceptance of a reliable contractual agreement will be done based on the negotiation of agreement papers by following the implications of rules and legal items for future prospects.
The major principle of contract law can also be used to measure the reliability of the concept of return on benefits. On the other hand, the criteria of legal obligations are mainly defined as those duties in which each party is legally contracted with the agreement of sources based on the money of products and exchanges for future activities. On both sides, the implication of legal obligations is required to be disputed through the exchange of productive tools and agreements by following the laws of the Australian government (Crosweller and Tschakert, 2021). The connections of major exchanges can also be easily deliberated by following the mandatory legal actions based on the implications of a lawful basis.
On the contrary, the meaning in contract law is mainly defined as the simplest definition of planning that can be used to functionally result in the requirements of legal access to a person based on the valid execution of mutual assent of disputes in a very predominant and reliable manner. Furthermore, the elements in contract law of Australia are mainly known to be mutual assent and consideration that can be used to viably implicate the authorisation of resources in a very reliable and viable manner with the implication of new business resources and tactics on a formal basis in the future (de Rochefort-Reynolds, 2020). According to this given case study, the major case laws used in terms of the negotiation between two parties in terms of contract mainly include Palmer v the State of Western Australia, Edwards v The Queen, Deputy commissioner of taxation v Shi and Hamilton v The Queen (Draper and Newton, 2017). In this given case study, the implication of industrial law is suitably based on the limited validation of enterprise agreement through which the prosperity of the legal code of conduct can be easily determined in the future. The reliability of new business tools and deliberations can also be judged based on the valid stability of business respondents in order to manage the special working holiday tax rate whose value is up to $3986 AUD.
Applications of Contract Law
The application of contract law is that it viably helps to exchange the authorisation of economic goods and services in the country of Australia. This law also helps to deal with the negotiation of sponsored partners that helps to mitigate the breach of the contract throughout the authorised meetings of minds by elongating the terms of the contract in the future. Meanwhile, the validity of legal documents is another application of contract law that deals with the implication of source based on the capacity as well as the viable legality of systems in a very suitable manner (Feinerman, 2019). According to the given case study, the main application for the perseverance of contract law is Immigration.
The criteria of immigration mainly help to implement the criteria of non-refoulment obligations in which granted refugee and humanitarian can also be negotiated through the execution of Global Special Humanitarian based on the implication of 12 months of imprisonment for the breach of contract in Australian subcontinents. As per the given case study, the other application of Australian contract law is the delegation of plaintiff procedural fairness under the valid assumption of the Mitigation Act (Harpur, 2018). This law is only applied after the decisions made by the constitution of the ministry for the optimum integration of large business resources in the future. Moreover, the valid applications of authorised contractual agreements can be negotiated through the help of non-revocation decisions made with the validity of pursuant to s 501CA (4).
Summarise the facts of the case
The case study named High Court of Australia Bulletins is mainly focussing on the implication of Australian contractual cases that are being decided and reserved for the purpose of judgement. This particular case study also provides valid information about the Court’s Original Jurisdiction by mainly granting a special and predominant leave to appeal based on proceedings and vacated in a very reliable and viable manner (Hemming and Daniel, 2018). In this case study, major laws that are being discussed mainly include constitutional law, immigration law, criminal law and industrial laws of Australia. In the study, the description of hand down cases by the High Court of Australia in June 2021 based on the association of legal terms and laws has also been provided. Moreover, this particular case also summarises the facts of aliens, deportation, duty to remove, vesting of judicial power and false imprisonment. In this case study, the idea of breach of contract in Australian legislation has also been provided that mainly helps to grant visas limited by implications in the future.
This study also provides a brief description of the case law named Commonwealth of Australia v AJL20. This particular case study also summarizes the facts of constitutional laws that are being implied by the freedom of communications on the behalf of foreign principal activities on the provision of a legitimate purpose in order to determine the breach of contract in the future (Hile, 2021). According to Migration Act 1958, the removal of the concerns of non-citizens in Australian residents can be widely deliberated through the removal in accordance with the Act in order to maintain the mortgage that is being extinguished due to the breach of contract.
Identification of legal issues
In this case study of the High Court of Australia Bulletins, the issues related to the Corporations Act of 2001 has been noticed by this limited assurance of leased engines and leaving engines and authentic engine leases for the major implications of third party activities. Meanwhile, the legal issues related to the effective consolidation of new breach of contract can be viably utilised that can be implicated by the formation of the Court of Appeal. This mainly results in the emergence of issues related to the implication of contested credibility within the business. The overall implantation of inadmissible and prejudicial evidence can be viably determined through the substantial miscarriage of justice in the future (Matulionyte, 2019). The implication of justice mainly helps to maintain the overall delegation of resources based on the authentic stability of criminal law and justice.
Moreover, the other legal issue systematically related to this specific case study is the 5 years’ minimum penalty of jurisdiction that is being implied by the magistrate of the district court in suitable intervals of time. On the other hand, the issue of unconscionable conduct of respondent lenders can easily cause the manual implication of breach of contract to appeal the findings of the primary judge within the navigation of future prospects (Schmulow and O’Hara, 2018). The other issue is the major apprehension of biases all around the courts that can be easily justified with the help of a hypothetical observer on a formula basis. On the other hand, the other legal issues of this case study mainly include the trial of the judge made through the implication of the interlocutory interpretation decision that is being punctually exhausted after the judgment made by the Australian Court in the future. Moreover, the issue of jurisdiction under the power of the primary judge can help to measure the affordability of legal contractual exercise between the two parties in the future.
Applicable laws and discuss aspects of contract law
In the case study of the High Court of Australia Bulletins, the major laws used are criminal law, industrial law, constitutional law, tax law and industrial law. In this study, the major implication of constitutional law is mainly to define a certain case law of the Australian Court named Commonwealth of Australia v AJL20 (Sherborne, 2017). In this case, the main judgement was delivered on 23 June 2021 through the execution of false imprisonment of people with the tactical execution of new business growth and technique in a very reliable and viable manner. The execution of new business formats can also be used to maintain the optimum integration of the latest business style and techniques based on the optimum configuration of Chapter III of the constitution in several business concerns with the attribution of contracted features in the future.
The constitutional law can be used to mainly impose the conflicts within the registration obligations that can be used to measure the holding of Conservative Political Action Conference with the negotiation of breach of contract in the future. On the other hand, the implication of constitutional law can be utilised through the methods of state legislative powers based on the implication of alternative sources with the prospects of Federalism (Sherman and Bosse, 2018). According to the Criminal Law of Australia, the foresight of profitability of consequence can be easily measured with the case-law of Aubrey v The Queen (2017) 260 CLR 305. This case law significantly helps to measure recklessness with the indication for the breach of agreement in the future (Steel, 2017). On the other hand, the tax law has also played a significant role in this case study by mainly pursuing the case law named Deputy Commissioner of Taxation v Huang. Moreover, the optimum practice of freeing order helps to determine the persuasion of Australian Foreign Assets that helps to seek judgement among well-renowned respondents for the attribution of Federal Court Rules in 2011.
Furthermore, the relevant aspects of contract law applied in this case study mainly include casual employees, privity of contract, declaratory relief and judicial power of the commonwealth. The implication of contractual matters can help to maintain the delegation of new business resources that results in the practical enforcement of new terms and agreements in the future. The authorisation of privity terms can also be used to respect in the negotiation of third party contracts with the doctrine of enforceable rights and desirable controversies of liability in the future. In this case of contact, the case law used to replicate the breach of contract mainly include the optimum mechanisms of judgements with the implication of Hobart International Airport Pty Ltd v Pacific Airports (Ullah and Al-Turjman, 2021). The attribution of payable amount can also be negotiated between valid appellants that helps to configure the cases of strong contractual business sources in the future. On the other hand, the corporations of insolvency will help to mandate the optimum benefits of contributors that can be obtained with the ASIC authorises of the person in the future. The suitable implications of NSW courts can be easily appealed through the raising of paying purpose among individuals during the effective time frame of the contractual agreement in the future.
Critically review the decisions
In this particular case study, some accurate and some falsified decisions have been made on the basis of behaviour concerns of non-citizens in the country of Australia. In the case-law of Migrant Services v Moorcroft, the huge had made wrong decisions related to the integration of contracts and based on the agreement of Migration Act of 1958. This decision is false as the agreement between two major parties has been cancelled and the third party cannot remove the implication of hard consequences in the future. On the other hand, the case of Chetcuti v commonwealth of Australia has also provided a valid limitation of action based on the exclusion of agreements between users (Whincop et al. 2018). Moreover, the decision of the judge in this case law is accurate due to the implication of the naturalisation of aliens in the country of Australia. The breach of contract was done with the navigation of British Subjects in the major colonies of 1949. Moreover, the formal and authentic justification of this court decision can be effectively managed through the constitution of power management in the future. In the end, the case law of Mineralogy Pty Ltd v The State of Western Australia, the court judge has decided the defendant of agreement relations between two business sources based on the optimisation of Amendment Act of 2020.
Hence, it is concluded that implication of Australian databases has been used to select the case study of High Court of Australia Bulletins that has mainly made the decisions of anti-tendency direction with the specifications of case laws. In the end, valid decisions have been made related to the original jurisdiction of the court based on the implication of constitutional laws and immigration acts from this case study.
Amigud, A. and Dawson, P., 2019. The law and the outlaw: is legal prohibition a viable solution to the contract cheating problem?. Assessment & Evaluation in Higher Education.
Awdry, R. and 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), pp.593-610.
Bretag, T., 2019. Contract cheating will erode trust in science. Nature, 574(7780), pp.599-600.
Crosweller, M. and Tschakert, P., 2021. Disaster management and the need for a reinstated social contract of shared responsibility. International Journal of Disaster Risk Reduction, p.102440.
De Rochefort-Reynolds, A.J., 2020. Confused Seas: Identifying the Proper Law of Arbitration Agreements in Maritime Contracts-England, Singapore and Australia. Austl. & NZ Mar. LJ, 34, p.1.
Draper, M.J. and Newton, P.M., 2017. A legal approach to tackling contract cheating?. International Journal for Educational Integrity, 13(1), pp.1-16.
Feinerman, J.V., 2019. Legal institution, administrative device, or foreign import: The roles of contract in the People's Republic of China. In Domestic law reforms in post-Mao China (pp. 225-244). Routledge.
Harpur, P., 2018. Australia-The Licensing of Temporary Agency Work Arrangements: Australian Labour Hire Licensing Acts and the Regulation of On-Hire and Gig Work. American Bar Association, Section of Labor and Employment Law, International Committee Newsletter.
Hemming, A. and Daniel, M., 2018. Halsbury's laws of Australia: contract GC I_II_V. Update of contract GC I, II, and V.
Hile, J., 2021. Dude, Where’s My Data? The Effectiveness of Laws Governing Data Breaches in Australia. Journal of Telecommunications and the Digital Economy, 9(2), pp.47-68.
Matulionyte, R., 2019. Empowering authors via fairer copyright contract law. University of New South Wales Law Journal, The, 42(2), pp.681-718.
Schmulow, A.D. and O’Hara, J., 2018. Protection of Financial Consumers in Australia. In An International Comparison of Financial Consumer Protection (pp. 13-49). Springer, Singapore.
Sherborne, A.K.E., 2017. Restitution in the conflict of laws: characterization and choice-of-law in Australia. Journal of Private International Law, 13(1), pp.1-34.
Sherman, B. and Bosse, J., 2018. Regulating access and benefit-sharing in Australia. International Workshopon Access and Benefit-sharing for Genetic Resources for Food and Agriculture, p.89.
Steel, A., 2017. Contract cheating: Will students pay for serious criminal consequences?. Alternative Law Journal, 42(2), pp.123-129.
Ullah, F. and Al-Turjman, F., 2021. A conceptual framework for blockchain smart contract adoption to manage real estate deals in smart cities. Neural Computing and Applications, pp.1-22.
Whincop, M.J., Keyes, M. and Posner, R., 2018. Policy and Pragmatism in the Conflict of Laws. Routledge.
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