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HI6027 Business and Corporate Law Assignment Sample

Assignment Brief

Purpose of the assessment (with ULO Mapping)

The purpose of the Group Assignment is to provide students with an opportunity to work in a collaborative environment in solving case problems by citing the relevant legal rules and cases and applying these to the facts of the case.

In this Group Assignments, Students are Required To:

- Critically analyses the main features of the Australian Legal System and the foundations of company law. (ULO 1)

- Critically analyses the basic principles of Contract, Tort, and privacy law and apply them in resolving legal issues arising in commercial transactions. (ULO 2)

- Research and advocate the appropriateness of the different types of business structures and the legal environment in which they operate and their advantages and disadvantages in various commercial contexts. (ULO 4)

Weight 40% - of the total assessments
Total Marks - 40%
Word limit Group Written Report of maximum 1,000 words
Due Date - Week 10

Submission Guidelines

? All work must be submitted on Blackboard by the due date along with a completed Assignment Cover Page.
? The assignment must be in MS Word format, no spacing, 12-pt Arial font and 2 cm margins on all four sides of your page with appropriate section headings and page numbers.
? Reference sources must be cited in the text of the report, and listed appropriately at the end in a reference list using the Adapted Harvard Referencing style.

Assignment Questions

Part A: Contracts Law Question (20 marks)

- Read the Contracts Law question below for assignment help

- In 1,000 words (+/- 10% is allowed), answer your chosen question using the IRAC method.

- Your answer must be supported by relevant Australian law and cases decided by Australian courts (preferably the High Court) and/or scholarly articles. A minimum of 6 genuine and relevant references are required for this part of the report.

- The full citations for all sources cited in your answer must be listed in a Reference list at the end of your report.

- In addition, any online sources cited in your answer and listed in your Reference List must include a valid hyperlink that allows access to the full text of the source.

Sierra Foxtrot Airport called for tenders for supplies of green seed for its runway surrounds, with a
closing date of 1 June.

The following tenders were submitted:

- Green Grow hand-delivered its tender on 29 May, which went into the tender box.

- Sow This! posted its tender on 15 May. This letter was received by Sierra Foxtrot on 17 May, by being submitted so early, one of the administrative assistants filed it with the intention of, later putting it in the box when she was properly organized.

- Grassy Plains posted its tender on 30 May. This letter arrived on 2 June but nevertheless
was put into the tender box.

It transpired that only two of the tenders were considered by the relevant Sierra Foxtrot officers. The administrative assistant forgot where she had filed the Sow This! tender and did not find it again until a week after the decision was made. The tender by Sow This! was actually the lowest and contained the most attractive features.

Green Grow’s tender was the next lowest, but Sierra Foxtrot had heard rumors about its unreliability. The airport, therefore, awarded the contract to Grassy Plains. Sierra Foxtrot posted a letter to Grassy Plains advising that its tender was successful. Unfortunately, this letter never reached Grassy Plains because it was destroyed by a disgruntled postal worker who had just been made redundant. Since it had not heard from Sierra Foxtrot, Grassy Plains instead committed its full stock of seed to another contract with a regional council.

Sierra Foxtrot became aware of the full situation concerning the tender by Sow This! and the position in which Grassy Plains now finds itself. It seeks advice concerning its contractual position in relation to all three tenders. Advise Sierra Foxtrot with reference to legal principles and rules taught on contract law.

SOLUTION

PART A

Issue

In the given case scenario, the issues are mainly concerned with contract law. In this, Sierra Foxtrot Airport has called for tenders for supply of seeds with the end date of 1st June. Three companies have submitted tenders, namely Green Grow, Sow This, and Grassy Plains. It is required to give advice to Airport in the context of all three tenders.

Rules and Regulations

A contract legally binds two parties; agreement is the most needed aspect to create a legal contract. A contract is created when the process of offer and acceptance is made, by communication between the parties who wants to enter in it (Harold, et al. 2016, p. 205(2)). In the case of Pharmaceutical Society of Great Britain v Boots, English Court of Appeal place give more focus on the business activities effect that an activity is classified as an offer in this situation. Offer must be distinct from the invitation to treat. The mere listing of price in and advertisement or on the product is not classified as an offer instead it is the invitation to customers to make an offer. Thus any statement or conduct classified as invitation to deal by the court must not be considered as an offer, if considered so it would be commercially inconvenient process. Invitation to tender also consist of offer within it (Pavlovich 2020, p. 448(1)) which might get rejected or accepted, hence it could also be said as invitation to deal. In the legal case of Blackpool&Flyde Invite for deal is invite for tender as under this situation offer has to be considered and opened for the tenders, accepted for the tender submission (Australian Contract Law 2019). Notably, the invitation to tender must also have separate offer along with it for the consideration of all the tenders submitted.

As communication is an important aspect of a contract, without this the contract cannot be created. The process of offer and acceptance create a contract so, when the offer is being communicated by the offeror to the offeree, and through the means of communication the offeree accepts the offer and the acceptance reaches to the mind of the offeror, creates a valid contract, which legally binds both parties under the agreed contract which was communicated between them (Ahmed 2018, p. 502(1)). The acceptance rule of postal, founded in the case of Adams v Lindsell (1818) 106 ER 250 is an exception rule related to the communication, that when the acceptance of offer reaches to the mind of the offeror it is considered to be an efficient communication. According to this rule when the mode of communication is nominated by the offeror, say by post it is been nominated, so when the acceptance letter is posted by the offeree, but not to be considered at some another date when the offeror received the acceptance, is considered as an effective acceptance. As the acceptance is expected to be posted so the offer will be formed at the time and place when the acceptance would be posted according to the legal rule of postal acceptance. This rule will only be applicable or applied if the offeror receive the acceptance until that it is not intended by offeree to enter into legal contract. If acceptance is not received the rule will not be applied and the contract will not be formed (Tucker 2020, p. 2365(1)).

The postal rule of acceptance is being highlighted in Australia more than in any other common law authority. As per the case of Tallerman & Co Pty Ltd v Nathan’s Merchandise (1957) Dixon CJ and Fullagar J states, as per usual norm contract is not created until the letter of acceptance is received or being communicated to the offeror from the offeree. The contract is not created until it is being concluded that the offeror has examined that his offer would be accepted by this act and it could not be justified by the completion of the posting of acceptance letter (Postal Acceptance Rule 2021).

Application

Usually, invitation to tender is not considered as offer obliging the principal to accept the minimum or any tender, as it is generally the only invitation to negotiate with the individual who respond to the invitation and not considered as offer to build a contract with the lowest tender or with any other. In the given case scenario, Airport is not bound to accept the offer of the minimum tender; therefore, they could choose to make contract with anyone. In the context of Green Grow, it has been noticed that, Airport had perceived rumors with respect to unreliability and therefore they do not want to make contract with Green Grow. In the given situation, there is not any contract has been formed between them and so not any contractual liability takes place. Further, in the context of Sow This, it has submitted tender application in timely manner and also it is received by Airport, but such tender has not been considered by the Airport, and therefore there is also not any contract has been formed.

At last, in the context of Grassy Plains, it has been seen that, tender has been submitted within time limit but it was reached at 2 June. Since, by application of postal rule, it can be said that, date of communication would be 30th May and therefore it is within time. Further, Airport has also awarded tender to Grassy Plains, and letter of acceptance has been posted by Airport. However, it should be noted that, actually such letter has never been received by Grassy Plains as it was destroyed and in the absence of any actual communication, there was not any contract has been formed between Airport and Grassy Plains. Therefore, Grassy Plains was eligible to make contract with another party such as regional council.

Conclusion

The conclusion could be drawn from above analysis is that, there is not any contract formed between Sierra Foxtrot Airport and Green Grow, Sow This, and Grassy Plains, and therefore not any contractual liabilities take place. 

REFERENCES

A Pavlovich (2020), ‘Reasonable Offers’ As a Defence to Unfair Prejudice Petitions: Prescott v Potamianos, Modern law review, 83(2), pp.443–450.https://doi.org/10.1111/1468-2230.12505

Australian Contract Law (2019). (Online). Available through <https://www.australiancontractlaw.info/law/agreement>[Accessed on 31st August 2021]

C Harold, et al.(2016), Investigating the Effects of Applicant Justice Perceptions on Job Offer Acceptance, Personnel psychology, 69(1), pp.199–227.https://doi.org/10.1111/peps.12101

L Tucker (2020), FROM CONTRACT RIGHTS TO CONTACT RIGHTS: RETHINKING THE PARADIGM FOR POST-ADOPTION CONTACT AGREEMENTS, Boston University law review, 100(6), pp.2317–2366.https://www.bu.edu/bulawreview/files/2021/01/TUCKER.pdf

M Ahmed(2018). The nature and enforcement of choice of law agreements, Journal of private international law, 14(3), pp.500–531.https://doi.org/10.1080/17441048.2018.1525062

Postal Acceptance Rule (2021). (Online). Available through <https://sklawyers.com.au/dictionary/postal-acceptance-rule/>[Accessed on 31st August 2021]

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LAWS20058 Australian Commercial Law Assignment Sample

Assignment Brief

Marks: 40 per cent of total grade.
Word count: Assignments must not exceed a total of 2,000 words for assignment help The word count excludes citations and the reference list.

Format: The student’s name and student identification number must appear on the first page of the assignment and in the footer of each page. The assignment is to be formatted in a clear size 12 font (Calibri, Cambria or Times New Roman), double- spaced and include page numbers. The total word count must be stated on the first page of the assignment.

Students must use the appropriate answer structure from the workshops to answer all questions in Parts A, B and C. The assignment examines unit content covered in Weeks 1 to 5. The answer for each part must start on a new page, clearly state the question number and include the word count for the part.

Referencing: Students must use a consistent style of referencing and cite the relevant research source when appropriate. Students may either use in-text referencing in the American Psychological Association style guide (APA 7 th ed) or the Australian Guide to Legal Citation (4 th edition). Footnotes may be appropriate to cite cases and legislation. At the end of the assignment students must include a reference list of all research sources used in the assignment.

Plagiarism: This assessment task is an individual assignment. In completing the assignment students must comply with the CQUniversity academic integrity policies that can be accessed via Moodle. Breaching these policies will result in a student being subjected to the University’s student misconduct proceedings and related penalties.

BACKGROUND FACTS

You recently completed your postgraduate studies and started a graduate position in the corporate services group at Global Consultants Pty Ltd. Your manager learned that you studied LAWS20058 and assigned you to the role of a business law specialist to assist clients with the legal requirements of starting and then operating a business. Your first client is Jan, a graphic novel author and sports enthusiast, who recently migrated to Australia from England in order to embark on her business dream of owning a sporting goods store.

Jan lives in the Sydney suburbs where she will open her retail sports store called Reverse Swing Sporting Goods Pty Ltd. The business will sell sports equipment and uniforms for several sports at a store a suburban location. While Jan is very enthusiastic and knowledgeable about the sporting industry, she has a limited understanding of the Australian legal system and the relevant commercial laws that will govern her new business.

YOUR TASK

You must write a business report for Jan that provides advice on all business law questions in Parts A, B and C of this assignment. The report will be given to Jan at your first meeting as a resource she can use in setting up and then operating her business. Jan may also use the report to seek further advice on any specific legal issues.

ASSIGNMENT QUESTIONS

PART A – FINDING LAW

An important aspect of starting and operating a new business is finding relevant law. Numerous online legal resources now exist and the websites of government regulators (also known as statutory authorities) are a critical business resource for both finding law and legal education. Owners and managers of businesses need to be able to find reliable sources of law and evaluate their effectiveness and reliability. Such a skill is especially important for Jan to learn Australian law and to obtain guidance on the enforcement of law.

In Part A of your report you must:

1. Identify two online research sources that a business can use to find current Australian laws. Students must identify two different types of sources, for example courts, governments, statutory authorities or legal databases.

2. Identify one law in each online research source located in Part A.1 of your answer and then (1) identify whether the law is legislation (statute law) or case law (2) identify the relevant jurisdiction (3) describe the key features of the law.

3. Evaluate the user experience for each online source located in Part A.1 of your answer from the perspective of a business entrepreneur. Your evaluation may include the format of the website, the use of visual aids, explanations of laws and legal processes and links to additional information or support.

PART B – BUSINESS, LAW AND THE AUSTRALIAN LEGAL SYSTEM

Many people who start a small business may possess little knowledge of the Australian legal system and how the effect on the daily operations of their commercial activities. When undertaking the process to ‘start-up’ and then operate business, it is important for Jan to understand how the key features of Australia’s legal system will shape the nature and manner of her business dealings and activities.

In Part B of your report you must:

1. Identify three important legal rules, principles or concepts in the Australian legal systems that are relevant to the commercial activities of Australian businesses.

2. Describe the key aspects of each legal rule, principle or concept located in Part B.1.

3. Evaluate how each legal rule, principle or concept located in Part B.1 effects the commercial activities of Australian businesses.

PART C – OPERATING A BUSINESS AND CONTRACTS

To manage commercial and legal risk involved in business, entrepreneurs such as Jan need to recognise the legal obligations created by the common law of contract in forming and entering a legally enforceable contract and the available legal remedies if a term of the contract is breached. Another important skill for managers of a business is understanding how to validly exclude contractual liability. Your answer in Part B must answer both of the below questions.

1. Formation of contract

Even though Jan is English and enjoys cricket, she loves baseball and wants to help Australians learn how to hit a baseball. Jan has advised you that she will be selling a new and innovative product called ‘Wonder Bat’ that teaches players how to hit home runs. The advertising strategy is to record a short advertisement that can be used on the store’s website and on various social media platforms. Jan wants to state in the advertisement that if players use the Wonder Bat, then they will learn to hit home runs to the moon and will be able to hit more home runs than Babe Ruth.

In Part B of your report you must advise Jan whether a customer that views her proposed advertisement and then purchases the Wonder Bat but fails to hit home runs to the moon or more home runs than Babe Ruth can sue Reverse Swing Sporting Goods Pty Ltd for breach of contract. Your advice must focus only on whether the representations in an advertisement constitute an offer under the common law of contract. Your answer must be supported by legal principles and cases in the common law of contract. Do not discuss statute law.

2. Terms of a contract

As Jan is unfamiliar with Australian contract law, she requires advice on how to identify and manage the commercial and legal risk associated with entering business agreements. You need to provide advice that explains how contract terms and remedies apply to operating a business. Jan will use your advice as the basis for developing contracts related to her commercial and activities.

In Part B.1 of your report you must:

1. Identify one legal reason and one commercial reason why Jan needs to understand the terms of contracts Reverse Swing Sporting Goods Pty Ltd enters.

2. Describe the key legal differences between the express and implied terms of a contract. In your answer identify two commercial risks for the parties to a contract that exist when a term is implied in a contract.

3. Identify two forms of dispute resolution for resolving a contract dispute and describe the benefits of each form of dispute resolution for a business that is a party to the dispute.

 

Solution

PART A – FINDING LAW

Part A

Introduction

According to experts, some best keys to starting a business. These are research competitors, evaluate the aspects of the industry, consider business and personal finances, be realistic about the involved risks, understand the time and hire help. There are certain legal requirements that you must satisfy or comply with.

Those are-

• The legal structure of your business.
• Trademark
• Licenses
• Laws of zoning
• Insurance
• health and safety laws

Online Research Resources

The four primary sources are the laws, constitution, regulations, and lawsuits. The administration issues these types of laws and regulations from the three branches of government. Statutory refers to agencies and entities maintained by a statute or a ceremonial law.

According to (Raisi-Estabragh et al., 2021), the Australasian Legal Information Institute (Austlii) has been found to find current Australian laws. Other online research sources like GovPubs: the Australian Government Publications Guide, eResources portal, etc. This sheet of facts identifies the different types of laws governing Australia - legislation passed by the government, statutory laws passed by Parliament, and general laws enacted by the courts.

Identification of the laws

The laws are found in research sources that are –

• According to Coco v The Queen (1994) 179 CLR 427 at 437, the High Court restated these principles, which are listed as:

The legislature should not be accused of interfering with the fundamental rights of the court. Such a determination must be expressed with clarity in the unambiguous and unequivocal language (Zhang et al., 2018). In spite of the fact that the assumption’s goal is to safeguard fundamental rights, which can be overcome by a single word of mouth, this assumption involves a great lot of protection for the “principle of legitimacy.”

• The Second one is according to Income Tax (Cth) – Trusts – Wheres 97(1) of Income Tax Assessment Act 1936 (Cth)

Evaluation of the user experience

Beneficiaries of a trust estate are not subject to any legal disability. Beneficiary's income must be so substantial a fraction of the trust estate net profit that it is liable for the beneficiary's residency period in order to be eligible for a share of the trust estate's income (Sticht et al., 2018). No portion of the income is paid, applied for, separated, or credited; the income held on the trust for certain beneficiaries - where the trustee fails to pay, apply, separate, or deposit the income – is the trust’s income year. The share of income is kept in trust for the beneficiaries.

Conclusion

The online research sources provide funding for specific types of assistance, such as the Australian young Business and Family Enterprise Ombudsman, Disability Advocacy Services, Alumni Service agencies, Community Legal Centre, and the Legal Aid Commission. Research sources are also a guide on finding a private lawyer, migration agent, tax agent, or another person capable of providing advice, representation, or support.

Part B – business, law AND THE AUSTRALIAN LEGAL SYSTEM

Identification of three important legal rules, principles, or concepts in the Australian legal system

? The Australian legal and business regulation structures, which function on a two-tiered foundation at each federal and country degree, are in part a characteristic of history. If the law is considered to be a body of policies, then a person could question how those regulations follow the industrial sports of groups and what functions they have in the commercial enterprise network. Usually, business regulation accommodates a frame of regulations that adjust the everyday industrial operations of companies.

? In case of Australia, these regulations are enclosed in laws concerning contracts, company, patron protection, finance region law, agency, financial disaster, and partnerships. The most important feature an enterprise law has to facilitate, regulate, and adjudicate the industrial transactions (Mark Friezer, 2022).

? Being a facilitator, it has a function of facilitating business transactions. For instance, agreement law offers how to make an agreements legally binding, and what remedies harmless events can be searching for if the binding agreements are found to be breached. As an adjudicator, the main role is to pacify the disputes between enterprise operators, clients, shoppers, and sellers of goods or offerings.

1. Describe the key aspects of each legal rule, their principle or related concepts in Part B.1

? The courts are nonetheless a crucial source of law in Australia, but it's influence is fading away as more and more statutes are being enacted both at the state and Commonwealth levels to defend customers from the unethical activities of a few companies. Indeed, there can be an argument nowadays that, no matter what ancient pre-eminence of the common law is in the area of contract regulation, statute—and particularly the patron safety provisions of the Competition and Consumer Act 2010 and predecessor Trade Practices Act have undermined the importance of the conventional commonplace regulation concepts relating to contracts (Mark Friezer, 2022).

2. Evaluate how each legal rule, principle, or concept located in Part B.1 affects the commercial activities of Australian businesses

? Similarly, corporations advertising their goods or offerings at a particular fee without the purpose of supplying them on the advertised charge won't be capable of arguing that such advertisements were ‘invitations to deal with, thus the CCA imposes some liability on companies to interact in a moral and honest dealing with the aid of supplying protection to purchasers that the commonplace law may additionally in any other case now not offer.

? For the adjudication of the disputes, courts are frequently called upon in which the language of a particular statute needs an explanation. Each of these statutes are written in a popular language that may additionally want to accept a particular context. The statute language is sometimes unclear, or consists of more than one meaning or messages. Statutory interpretation by using courts can determine the means of a particular clause or a provision. When the statutes are interpreted, the courts are aware of the Acts Interpretation Acts at nation, federal tiers and territory (Mark Friezer, 2022). The acts define several common terms and most of them specify that courts should have regard to the underlying motive of the legislation.

PART C – OPERATING A BUSINESS AND CONTRACTS

1. Formation of Contract

Introduction

The setting of the given case is Australia. Jan is an English person who has an immense interest in baseball besides cricket. Now, Jan wants to enter the sports business in Australia. He wants to start a company named Reverse Swing Sporting Goods Pty. Ltd., and under the domain of this company, he wants to introduce an innovative product named “Wonder Bat”. With the help of this bat, he wants to teach the Australians how to hit the baseball hard. He wants to promote this product on online platforms by giving some punch lines. The punch lines that he assigns for the promotion of the product are, ‘the person playing with this bat can score more runs than Babe Ruth’, and ‘the person using this bat will learn to hit the home runs to the moon’. This report focuses on suggesting to Jan whether such punch lines are appropriate for the promotion or not.

Probable Situation

The punch line proposed by Jan is very much tempting for a customer to buy that product. However, there is no guarantee that only using the bat the customer can hit the home runs to the moon or score as many runs as Babe Ruth (Du Plessis, 2019). If the customer fails to get the things promised under the terms and conditions of the advertisement, he can lodge a disciplinary action against Reverse Swing Sporting Goods Pty. Ltd, which is owned by Jan.

Reaction to such a situation

The representation in the advertisements is given to attract the customer for that product. If the customer lodges a case against the company, there will be maximum chances where the customer will not get the degree because, in the representation, it is not mentioned for a single time that the bat will provide the technique with which Babe Ruth used to play. Moreover, it has not been mentioned once that the bat will give some extra strength to the customer to hit the home runs to the moon (Louw, 2018). If the strength and techniques are applied efficiently, with the help of this bat, the player can get the result mentioned in the representation. The common law of contract says that the opposite party should always acknowledge the promise given by a party. This means that the effort from one side cannot fulfil the promise, but the efforts from both sides are required to fulfill the promise.

Conclusion

Though the common law of contract can defend Jan, he should not give some representation that is too imaginary and hypothetical; Jan might need to compensate the customer if the promises made in the representations are not met. Therefore, it is better to use some realistic, funny, and attractive representations to promote the product on various shopping sites.

2. Terms of Contract

Entering contracts is part of operating a business, and it is most important to manage Jan’s contacts and relationships carefully. We found some legal risks associated with entering business agreements.

• Risk of regulation- Risks arising from the dynamic behaviour of rules and regulations that have a significant influence on a corporation or market are referred to as regulatory risks. For example, if the firm changes its tax compliance, IT authorities or associated agencies may levy a penalty (Rohr, 2019).

• Risk of compliance- In this case, company statutes, internal rules and best operation put in any business organisation. This case may result in facing financial loss and legal sanctions.

• Risk of contract- Contractual risk is some failure to meet contractual obligations. It is like failure to observe the terms and conditions of the contracts, Failure to meet contractual obligations, such as failing to incorporate risk-reduction provisions in the contract, may result in a claim.

• Risk of dispute - This risk of conflict results if a disruption caused by business stakeholders, customers and partners occur (Soper, 2018). In that case, it is recommended to resolve the dispute before it becomes a case as it will become a huge cost.

There also have other risks like a non-contractual obligation, Reputational risk etc. In some cases, businesses will face problems like Compensatory Damage, Consequential Damages, Nominal Damages, Incidental Damages, damage to Punitive etc.

They are something we should remember before entering into business law are

• Try to get a written copy of the agreement.
• Try to negotiate with the contact.
• Think about clauses of Include Termination and Dispute Resolution.
• Try to conduct with due diligence.

It’s necessary to read the contract carefully. Contracts become very important to the customers because they legally bind the companies into a relationship. If there are some breaches in the contract, they can be rectified, and damages can be terminated (Boisson de Chazournes et al., 2018). Drafting and testing should be done carefully and regularly before signing a commercial agreement. It is quite clear that when evaluating the rights and obligations of the companies to an agreement, the terms and conditions of the agreement must be considered from the reason of the contract or agreement.

There are some differences between the express and implied terms of the contract. The case of an express agreement is where the offer and acceptance, resulting in a contract, are enforceable by law and can be expressed orally. But the case of an implied contract refers to an agreement where proposals and obtaining, which led to the contract, are expressed non-verbally, in other ways (Torres et al., 2021). Some commercial risks like market and technical or physical risks were also observed. Market risks that may include changes in input and output prices vary from demand estimate levels. Whereas physical or technical risks may be related to the facility and the physical features of the construction area.

Dispute resolution is divided into two main types.

1. Adjudicative processes: this is such as litigation or arbitration, where a judge, administration, jury or arbitrator determines the output. The judgment makes an imposed, final decision that obliges the parties to respect (Torres et al., 2021). An alternative process, such as mediation, only creates voluntary agreements that can easily fail.

2. Consensual processes are like conciliation, collaborative law, and negotiations, where the parties try to reach an agreement (Aryanti, 2019). It is a quick and informal resolution of disputes, usually less stressful.

References

Aryanti, N. W. D. (2019). A Critical Analysis of Collaborative Law as a Dispute Settlement Mechanism. Udayana Journal of Law and Culture, 3(1), 78-94. Retrieved from: https://jurnal.harianregional.com/index.php/UJLC/article/view/44164

Australian Human rights commission. (2021). Legislation. Retrieved from: https://humanrights.gov.au/our-work/legal/legislation

Boisson de Chazournes, L., Ruiz Fabri, H., Mbengue, M. M., Das, R., & Gros, G. (2018). The Expert in the International Adjudicative Process: Introduction to the Special Issue. Journal of International Dispute Settlement, 9(3), 339-344. Retrieved from: https://academic.oup.com/jids/article-abstract/9/3/339/4975522

Du Plessis, H. (2019). Legal pluralism, ubuntu and the use of open norms in the South African common law of contract. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad, 22(1). Retrieved from: https://www.ajol.info/index.php/pelj/article/view/216531

Friezer, M. (2022). Doing Business in Australia: Retrieved from: https://uk.practicallaw.thomsonreuters.com
Louw, A. M. (2018). The Common Law is… not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 3).

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad, 21(1). Retrieved from: https://www.ajol.info/index.php/pelj/article/view/183374

Metzger, S., Ayres, E., Durden, D., Florian, C., Lee, R., Lunch, C., Luo, H., Pingintha-Durden, N., Roberti, J.A., SanClements, M. and Sturtevant, C., (2019). From NEON field sites to data portal: a community resource for surface–atmosphere research comes online. Bulletin of the American Meteorological Society, 100(11), pp.2305-2325.

Nolan-Haley, J. (2020). International Dispute Resolution and Access to Justice: Comparative Law Perspectives. J. Disp. Resol., 391. Retrieved from: https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/jdisres2020&section=23

Raisi-Estabragh, Z., Harvey, N.C., Neubauer, S. and Petersen, S.E., (2021). Cardiovascular magnetic resonance imaging in the UK Biobank: a major international health research resource. European Heart Journal-Cardiovascular Imaging, 22(3), pp.251-258.

Rohr, J. G. (2019). Smart contracts and traditional contract law, or: the law of the vending machine. Clev. St. L. Rev., 67, 71. Retrieved from: https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/clevslr67&section=9

Soper, C. H. (2018). Contract, Conflict and Cooperation: A Critical Analysis of the Common Law Approach to the Breakdown of Modern, Complex, Symbiotic Contracts (Doctoral dissertation, University of Leicester). Retrieved from: http://pstorage-leicester-213265548798.s3.amazonaws.com/18376211/2018SoperCHawardPhD..pdf

Sticht, C., De La Torre, C., Parveen, A. and Gretz, N., (2018). miRWalk: An online resource for prediction of microRNA binding sites. PloS one, 13(10), p.e0206239.

Torres, L., Gliser, C. P., Formon, D. L., Hashimoto, N., & Gray, B. T. (2021). Forensic assessment in the time of COVID-19: The Colorado experience in developing videoconferencing for evaluating adjudicative competency. Psychology, Public Policy, and Law, 27(4), 522. Retrieved from: https://psycnet.apa.org/record/2022-09211-001

Zhang, G.Q., Cui, L., Mueller, R., Tao, S., Kim, M., Rueschman, M., Mariani, S., Mobley, D. and Redline, S., (2018). The National Sleep Research Resource: towards a sleep data commons. Journal of the American Medical Informatics Association, 25(10), pp.1351-1358.

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LAWS20059 Corporation and Business Structures Assignment Sample

Marks: 40 per cent of total grade.
Due date: Friday Week 7 (29 April 2022) 11:00 pm AEST
Four parts: Parts 1, 2 and and 3 requires you to write a memorandum of advice.

Parts 1, 2 and 3 must be structured as a professional memorandum of advice using the template/example in Moodle.

Style: All assignments must include a Title Page, Contents Page, Memorandum of Advice
and a Reference List (bibliography).

Format: The student’s name and student identification number must appear on the first page of the assignment and in the footer of each page. The assignment is to be formatted in a clear size 12 font (Calibri, Cambria or Times New Roman), double-spaced and include page numbers.

The total word count is to be stated on the first page of the assignment.
Word count: Assignments must not exceed a total of 2,000 words.

The word count excludes citations and the reference list.

Clearly state the word count in the Title Page.

Students may transfer unused words in a question’s word count to another part of the assignment.

Submission: Students must submit the assignment saved in Word as ‘.doc’ or ‘.docx’ file via the submission link in the ‘Assessment’ tab in Moodle for LAWS20059.

The name of the Word doc must include the student’s name, student identification number, unit number, assessment name, term and year.

Background Facts for Assignment Help

After graduating from your business degree at Central Queensland University you recently commenced working at a professional consulting services firm called “North Star Consulting” in the State or Territory in which you are undertaking your studies. You work in the legal compliance team and utilise your knowledge of commerce and law acquired from LAWS20059 to advise a diverse range of clients. You specialise in advising clients on how Australian law governs business structures in the operation of commercial activities.
Your firm wants you to interview a client who is seeking advice on what business structure to adopt for their business. In this assessment you must write a Memorandum of Advice as instructed by your supervisor (instructions are below). You must follow the firm template/example Memorandum of Advice posted on Moodle.

PART 1 – THE CLIENT INTERVIEW & BUSINESS

In Part 1 you must attend the week 3 class and work in groups of two (if class numbers are odd, you may be in a group of three). Students will be randomly allocated to a group by the unit coordinator or tutor. Under the supervision of the unit coordinator or your tutor, you must interview one other group member about a fictitious business which he or she has dreamed of starting (if you are in groups of three, just choose one person to interview). You will have 20 minutes to conduct the interview. The person being interviewed will, for the purposes of this exercise, pretend to be your client. You must obtain information about the client’s business from asking the client questions, and that information needs to be useful in informing what business structure is most suitable for their business. This means that the questions which you ask in the interview need to be designed to obtain the information needed to advise on which business structure is most appropriate for the business.

If you are unable to attend the week 3 class for a legitimate reason (such as work, family and carer responsibilities, etc) you must email the unit coordinator and ask for permission to interview a friend, relative, fellow student or someone else outside class time. Remember to let the person you are interviewing know that this is a University assignment, so the exercise is only for educational purposes and you are not qualified to give any advice.

In Part 1 of your Memorandum of Advice your supervisor, Jonathan, wants you to:

1. describe how you prepared for the interview

2. list the questions you which you asked at the interview

3. reproduce your file notes (your file notes will be the notes you took during the interview so as to remember what the client told you about the business, their needs, etc)

4. summarise the client’s business and responses to your questions

5. explain, using your knowledge of law covered in LAWS20059, why you chose to ask the questions which you asked in the interview [6 marks]. You must justify each question which you asked by explaining why the question was required to illicit information needed to understand the business and recommend a business structure for that business. This will require you to use your knowledge of business structures and the law, and explain how this knowledge shaped how you conducted the interview and informed what questions you asked.
The idea of Part 1 is to show that you prepared for the client interview, and that you used your knowledge of applicable law to shape the interview and inform the questions which you asked in the interview. Make sure that you press the client for information that you need (YOU need to guide the interview and obtain the information from the client, and if the client is vague or unsure or uncooperative YOU need to get clarity and the information).

PART 2 – IDENTIFY AND EXPLAIN BUSINESS STRUCTURE OPTIONS FOR YOUR CLIENT’S BUSINESS

In Part 2 you must identify business structure options for your client’s business, explain each of these options and the key legal differences between them in Australian law. In Part 2 of your Memorandum of Advice Jonathan wants you to:

1. identify at least three business structure options which can be used for your client’s business and

2. describe each of these business structures, and the key legal differences between the business structures. He wants to know why each of these business structures are an option for your client’s business, the key features of each business structure and the main legal benefits and disadvantages of using each business structure.

PART 3 – ADVISE WHICH BUSINESS STRUCTURE IS MOST APPROPRIATE FOR YOUR CLIENT’S BUSINESS

In Part 3 you must evaluate each business structure option which you identified and explained in Part 2 of the Memorandum of Advice to provide advice. In this part of the Memorandum of Advice you must advise which business structure is most appropriate for your client’s business. Jonathan wants your advice on what business structure is the best option for client’s particular business so the firm can consider your advice before advising the client. You are expected to use information which you gained from the interview (Part 1 of the assignment) and your research and knowledge of business structures (Part 2 of the assignment) to weigh up the various business structures and assess which business structure is best for your client’s business. You must tailor your analysis for your client’s specific business and circumstances, focusing on key issues, client needs, client preferences, etc that were teased out from the interview.

Solution

To: Charle Brown

From: John Parker
Date: 21.04.2021
Team: Legal Compliance team, North Star Consulting
Client: Charle Brown
Re: Advice on Business Structure

Memorandum of Advice

The client, Charle Brown wishes to begin a business of food handling plant in Australia. This reminder of exhortation gives data about the client interview, the client's business and business structures utilized in Australia, and prompts on which business structure is generally suitable for this client's business.

Part A: Client's Detail

Q: Good Morning Mr.Charle, How might I at any point help you?

A: Good Morning, I am Planning to maintain a business, and I am needing a word of wisdom on which business design would it be advisable for me I choose.

Q: Are you intending to maintain the business alone or you have a few companions?

A: Well, I have not made a choice about it yet. I have a school companion who will contribute however I am not exactly certain on whether to impart the business to him or run all alone.

Q: Have you considered what will be your portion, what agreements will be there in your organization understanding?

A: As referenced prior, I am in an issue regardless of whether to do an organization with her. She is my old buddy yet has not much information on business.

Q: What is she doing now?

A: She is a lecturer at college.

Q: What sort of business would you say you are thinking off?

A: I am intending to run a food handling plant.

Q: what number items would you say you are intending to create, who will be your objective client?

A: Actually I am intending to zero in a bigger number of on clients than the items. Allow me to expand, we will discover some organization selling an item in Australia.

Q. Well that sounds fascinating. It appears as though you will put away huge amount of cash. How much cash would you say you are intending to contribute? How might you source your asset?

A. I have not sorted out the specific sum we want to begin the business. Be that as it may, yes we want great amount of cash as we need to lease a major space for stockroom. Furthermore, we likewise need to purchase cooking pots and pressing apparatuses. In the event that I go for an association with my companion we will contribute 50/50. Assuming I will run alone I unquestionably need to get from bank.

Q. Have you pondered the quantity of workers you will employ?

A: I realize I really want individuals for kitchen, for bundling and for organization. The specific numbers will be realized solely after we start our business. It very well may associate with 15 or 20.
Q. How long would you say you are wanting to do this business?

It's my fantasy business and I need to develop it till my passing and believe that it should stay in the business for eternity. Through this business I believe individuals should recollect me.

Q. What might be said about rules and guidelines? Do you like guidelines or you need more opportunity in your business?

Honestly speaking, I like to have specific principles and guideline. In the event that we don't include guidelines inside our association, maintaining a business would be more troublesome. Appropriate guideline keeps us trained and we can zero in on more prominent objective.

Q. Shouldn't something be said about obligation? Is it true that you are prepared to bear every one of the commitments?

I wouldn't gamble all my own resources for this business. Yet, yes subsequent to maintaining a business I unquestionably have commitments to others or various gatherings and association.

Q. Last one, do you have any issue with respect to the exposure of your own data?

No, I wouldn't fret individuals seeing my profile with the location, telephone number or date of birth in it.

Part B: Research on Business Structure

Organization is one more type of business where at least two individuals convey a business in a similar manner as same objective to procure benefit. It implies that each accomplice can cause a commitment for which rest of the accomplices are capable. Accomplices have both guardian and legal obligations. They should show most elevated level of trustworthiness and entirely pure intentions, and there ought to be no irreconcilable circumstance. Partners has individual limitless risk to the untouchables or outsider. However, there is an arrangement where a few accomplices have limitless obligation while others can restrict their responsibility to their venture or capital contribution .

Joint Venture is the type of business where at least two individuals or business houses consent to cooperate in a specific undertaking and take advantage of advantage from it. Each party might have different interest in the specific undertaking. Not at all like association has each party in a joint endeavor had individual responsibility, one party can't tie the other. A joint endeavors will be an association on the off chance that it fulfills the legal definition-Canny Gabriel Castle Advertising Pty Ltd. Being the chief she has both legal obligations and general regulation obligations. She ought to be exceptionally cautious on her obligations. on the off chance that she neglected to play out her obligations she might need to confront common cures and in some cases even crook cures . Examining the upsides and downsides of various business construction and taking a gander at the conditions of the client, little restrictive organization will be the best other option.Organization is a different legitimate substance. It can sue and be sued, go into gets, own property and have other legitimate freedoms and commitments. The expense of laying out an association will be somewhat less expensive than shaping an organization. Since our client is beginning a business it will be not difficult to oversee reserve in the event that she share her speculation with her companion. In prior days organization probably won't acquire sufficient benefit or even endure misfortune. Both the benefit and misfortune will be divided between the accomplices causing less weight in her initial days. The most appealing attributes of organization is restricted responsibility. It implies that regardless of whether the association can't pay its liabilities, then, at that point, the financial backer of the association are not responsible to pay the obligation. The financial backers are not expected to pay anything else than their underlying or concurred venture to meet the organizations liabilities. Organizations are made by resolution. Everything the guidelines of an organization is represented by Corporation Act 2001('CA'). ASIC is the principle controller that has been managing monetary business sectors, protections, fates, partnerships, customer assurance in superannuation, protection and store taking .

Organizations are classified in view of risk of individuals and in light of capacity to propose to public. There can be organization restricted by shares, restricted by ensure, limitless risk and no responsibility organization. There are public organizations and exclusive organizations. Restrictive organizations are appropriate for private organizations of restricted size. Public organizations are more proper for huge association ready to get assets by offering offers and debentures. Corporate Veil safeguards the proprietor, or overseer of the organization. Yet, in a few extraordinary conditions court can lift the shroud and make individuals in charge of the organization at risk. Court can puncture the safeguard in the event that the individual behind the safeguard has not satisfied the legitimate obligation, or not observed the guidelines and guideline of the agreement - Gilford Motor Co. Ltd v Horne. The Corporation Act has an impact of eliminating the corporate safeguard. Organization's chief will be expected to take responsibility for corporate obligation under s 588 G of Corporation Act assuming they continue to exchange regardless of it was bankrupt to know that the organization.

So these are the attributes or subtleties of various business structures that may be applicable to the client.

Part C: Weighing up the other options and giving Recommendation

Sole Trading, Partnership and exclusive organization are the three potential choices for the client. She can be a sole merchant yet needs to bear limitless individual liabilities. Since she isn't asset of facing challenge, it wouldn't be a most ideal choice for her. She can diminish the gamble or offer her concerns by accepting her companion as an accomplice. The two of them will be at risk and will share the commitments. The expense of laying out an association will be somewhat less expensive than shaping an organization. Since our client is beginning a business it will be not difficult to oversee reserve in the event that she share her speculation with her companion. In prior days organization probably won't acquire sufficient benefit or even endure misfortune. Both the benefit and misfortune will be divided between the accomplices causing less weight in her initial days. Association is ordinarily shaped to share the ability of each other and get a cooperative energy impact in the business . In any case, our client referenced that her companion has no information about the business. In association each accomplice is obligated for the carelessness of the other accomplice- s 13 ('PA'). The two of them will have limitless individual risk towards the outsider.An exclusive organization will be the one more choice for her to maintain a business with restricted risk. Organization is seen to have specific drawback like greater expense, revealing prerequisite, and obligations forced by regulation for members. She can shape a solitary chief/investor organization. Later as the business develop, she can add the chiefs and investors, and her companion can join at that stage . She referenced that the representatives will be under 50 and income under $25 million, so she can go for little exclusive organization s 45 A(CA). Framing a little exclusive organization, she should not get ready fiscal reports and cabin with ASIC. The principles forced by the enterprise act might be problematic yet it makes corporate cover between the client and the organization safeguarding her in a few conditions. Assuming the organization is fruitless, liabilities might surpass its resources and the association can't pay its obligation . The client will lose her underlying venture however isn't expected to pay the obligation of the organization. In the event that she shapes an organization the organization keeps on existing even after her passing and her desire to interminable progression materializes. Being the chief she has both legal obligations and general regulation obligations. She ought to be exceptionally cautious on her obligations. on the off chance that she neglected to play out her obligations she might need to confront common cures and in some cases even crook cures . Examining the upsides and downsides of various business construction and taking a gander at the conditions of the client, little restrictive organization will be the best other option. She will have restricted risk, she will not need to fret over the mastery and carelessness of the accomplice, and having little organization will assist her with keeping away from a portion of the administrative prerequisites.

Bibliography

Gibson A, Business Law (Melbourne, Vic Pearson Australia 2018)

Latimer P, Australian Business Law 2016 (Cch Australia 2016)

Lloyd C, ‘Matthew Bacon, Taking Care of Business. Police Detectives, Drug Law Enforcement and Proactive Investigation’ (2017) 51 Australian & New Zealand Journal of Criminology 312

Prassl J, ‘Law, Corporate Governance and Partnerships at Work: A Study of Australian Regulatory Style and Business Practice’ (2012) 41 Industrial Law Journal 379

Raitt G, ‘Shifting the Goalposts: Current Issues in Australian Competition Law Affecting the Energy Sector’ (2016) 9 The Journal of World Energy Law & Business 424

Storey M, ‘The Australian Indigenous Business Exemption as a “Special Measure”: Questions of Effectiveness’ (2018) 21 Deakin Law Review 1

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2105AFE Introduction To Business Law Assignment Sample

Weight: This assessment is worth 25% of the total marks for this course.

Due Date: This assessment must be submitted online via SafeAssign by 4.00 pm on Thursday, May 19, 2022.
Word Limit: Your answer to the Hypothetical ILAC Question must be no longer than 2000 words. There is a 10% allowance to account for any misunderstandings, so penalties will begin at 2201 words. Write clearly and concisely. Penalties apply to any answer which exceeds the maximum word limit and/or does not follow any of the instructions below.

HYPOTHETICAL ILAC QUESTION FOR ASSIGNMENT HELP

Victoria Jennings was severely injured in a car accident in 2015. As a result of her injuries, Victoria will become more disabled as she ages, and her health and mobility will deteriorate over time. Given her injuries, Victoria has a residual earning capacity of $500 a week and a working life which will end at 50 years in December of 2041. At the hearing of Victoria's personal injuries claim, she was awarded damages of $2.75 million, the bulk of which related to present and future medical and associated expenses of 1.7 million. Lacking any investment expertise or experience in receiving her damages award, Victoria engaged a financial planner, Bob Surething, to advise her on how to manage her present and future finances to ensure that she is able to pay her current and future medical expenses. Bob operated his financial advisory business through a company called Worthwhile Investments Pty Ltd (Worthwhile Investments).

On the basis of Bob's advice, Victoria invested $ 2 million in a share portfolio. The remaining $750,000 was spent on paying off the mortgage on Victoria's house and making home modifications to accommodate Victoria’s injuries. Initially, the share portfolio grew in value, with Bob Valuing Victoria's portfolio at 2.4 million in 2018. Victoria’s mother, Anita, was very interested in the value of Victoria’s share portfolio. Anita would regularly ask Victoria what shares Bob had recommended Victoria invest in. Anita would then buy the same shares in her name. Victoria requested on a fairly regular basis that Bob provide funds to her from her share portfolio so that Victoria could fund her own start-up businesses. Unfortunately, none of the start-ups was successful partly because of limitations caused by Victoria’s injuries.

By the end of 2020, Bob told Victoria the value of her share portfolio had dropped to $1.5 million, in part because of Victoria’s borrowings from her share portfolio to fund her failed start-ups and in part because of the continued decline in the value of shares held in Tourism and Accommodation companies in Victoria’s portfolio. In 2021 the value of the portfolio continued to decline. Victoria ended Bob’s appointment as her financial advisor in November 2021. In 2022, Victoria commenced proceedings against Worthwhile Investments, claiming that Bob Surething is liable for negligence. Victoria claims that Bob has breached his duty to her on two counts. Firstly, by not warning her against borrowing money from her share portfolio and investing in a number of failed start-up businesses. Secondly, by retaining shares in Tourism and Accommodation companies when Australia and the World were experiencing a COVID Pandemic, preventing domestic and international travel to a large extent.

Victoria's mother, Anita, has joined Victoria in claiming that Bob Surething is liable for negligence as Anita relied upon his advice in purchasing Tourism and Accommodation company shares and has suffered financial losses by doing so. Worthwhile Investments argue there is no duty owed by Bob to Victoria to oversee her spending and no duty owed by Bob to Anita as Bob was unaware that Victoria was sharing her personal investment plan with Anita.

Solution

Introduction

Tort law is a field of law that mainly deals with civil suits in a country. The main aim of the law is to redress an inappropriate act conducted against an individual to provide relief from the acts by providing adequate rewards to help the individual to deal with the monetary damages as compensation. Civil Liability Act 2003 (QLD) is applicable to civil claims for damages that caused harm to individuals. This law includes breach of duty, the liability of public and other authorities, proportionate liability, and excluding the right to claim damages due to certain unethical behaviour.

Issue

The main issue that the assignment mainly deals with is "Victoria and Anita come to you for advice on whether each has a claim in negligence against Bob Surething". Additionally, the key issues are against Bob Surething.
Evaluation of the issue

In the year 2015, Victoria Jennings was involved in a car accident that left her in critical condition. As Vicky gets older, her injuries will become more severe, and she will also experience a decline in both her health and mobility. As a consequence of the injuries she sustained, Victoria's potential earnings are restricted to a maximum of $500 per week, and she will turn 50 years old in December of 2041. At the hearing of her personal injury claim, Victoria was awarded a total of $2.75 million in damages, the majority of which was for present and future medical expenses and other costs related to her condition, which totalled $1.7 million. After Victoria was awarded her damages, she immediately went out and hired a financial planner by the name of Bob Surething to provide her with guidance regarding how to best manage her current and future finances in order for her to be able to pay her current and future medical bills. Bob's financial advisory business was run through a company called Worthwhile Investments Pty Ltd, which was the company that Bob used (Worthwhile Investments).

Following Bob's recommendations, Victoria put $2 million of her wealth into an investment portfolio. With the remaining 750,000 dollars, Victoria was able to pay off her mortgage and make the necessary modifications to her house so that she could recover from her injuries in a more comfortable environment. Additionally, it has been observed that Every so often, Victoria asked Bob for money from her stock portfolio so she could start her own start-up ventures. Sadly, none of the start-ups was able to succeed in part because of Victoria's physical limitations.

Victoria's share portfolio was valued at $1.5 million by Bob at the end of the year 2020, in part because Victoria had borrowed money against her portfolio to fund failed start-ups and in part because the value of Victoria's stock holdings in tourism and accommodation companies had continued to decline over the previous year. In 2021 the value of the portfolio continued to decline. Victoria ended Bob's appointment as her financial advisor in November 2021.

In the year 2022, Victoria filed a lawsuit against Worthwhile Investments, alleging that Bob Surething was negligent in his handling of the company's affairs. Victoria claims that Bob has breached his duty to her on two counts. Firstly, by not warning her against borrowing money from her share portfolio and investing in a number of failed start-up businesses. Secondly, by retaining shares in tourism and lodging companies during the COVID Pandemic, which severely restricted domestic and international travel, resulting in a significant loss of revenue. Victoria's mother, Anita, has joined Victoria in claiming that Bob Surething is liable for negligence as Anita relied upon his advice in purchasing Tourism and Accommodation company shares and has suffered financial losses by doing so.

Rule

Duty of Care:

An occupier owes a duty of care to protect visitors to their property from reasonably foreseeable harm or injury (Australian Safeway).

An occupier is:

• A person who has physical control of a location;

• A person in charge of maintaining the condition of a building, the activities that take place there, or the people who are permitted to enter the building.

Breach of Duty:

Section 9(1) of the CLA states that a person does not breach a duty to protect themselves from harm unless they fail to do so.

• Risks that could have been reasonably anticipated were present; therefore, the person should have known or had reason to believe that the risk existed.

• It was not a trivial risk; and

• A reasonable person would have taken precautions in the same situation.

Section 9(2) CLA: The court must consider the following (among other relevant factors) when determining whether a reasonable person would have taken precautions against a risk of harm:

• Risk of harm if proper precautions are not taken (Bolton).

• damage (Paris) and its likely severity

• The burden of avoiding harm by taking precautionary measures (Woods).

Causation and Scope of Liability

As required by CLA s11 (1), the claimant must demonstrate the following:

• The breach of duty had to have occurred ("factual causation").

• It is appropriate to include the harm caused by the person who violated the scope of the person's liability.

As required by CLA s11 (1), the claimant must demonstrate the following:

• The breach of duty had to have occurred ("factual causation").

• It is appropriate to include the harm caused by the person who violated the scope of the person's liability.

Analysis

As a "civil wrong," a tort protects a wide range of interests, including those of the occupants of the Earth and those of the rest of humanity, and is distinct from both criminal law and contract law. Rehabilitating an individual who has been hurt in an accident is the goal of this type of legal action.

In Australian tort law, unless the claimant can prove that the defendant owed them a duty of care and that that duty was breached, they cannot be held liable for negligence. If the defendant's conduct fell short of the expected standard in the given circumstances, they have breached their duty to the claimant.

1. There are three tests for causation in Australian law: remoteness, causation, and foreseeability. Australian criminal law and Australian contract law both make use of this concept. A claimant's damages and losses are directly linked to the defendant's negligence if causation is established. It's reasonable to hold the defendant responsible for the claimant's losses and damages if the defendant breached their duty of care to the claimant that resulted in those losses and damages. In Australian tort law, unless the claimant can prove that the defendant owed them a duty of care and that that duty was breached, they cannot be held liable for negligence. If the defendant's conduct fell short of the expected standard in the given circumstances, they have breached their duty to the claimant.

2. There are three tests for causation in Australian law: remoteness, causation, and foreseeability. Australian criminal law and Australian contract law both make use of this concept. A claimant's damages and losses are directly linked to the defendant's negligence if causation is established. It's reasonable to hold the defendant responsible for the claimant's losses and damages if the defendant breached their duty of care to the claimant that resulted in those losses and damages.

In 2002, Congress passed the Civil Liability Act, which gives people who have been hurt the legal right to sue in civil court for monetary damages. The Civil Liability Act 2003 (Qld) (Civil Liability Act) governs claims for personal injuries and lists the requirements for bringing a negligence action as well as possible defences. In Queensland, the Civil Liability Act is in place. In its most basic form, the Civil Liability Act QLD applies to any civil claim for damages for the harm that can be made. Notice that a "claim" is a request for compensation based on liability for property damage, economic loss, or personal injury. This definition can be found in the "claim" definition. The Act says that the word "harm" includes all possible types of loss, such as damage to property, loss of income, or personal injury. In the meantime, the word "harm" is defined so that it includes all of these types of loss.

The Civil Liability Act 2003 (Qld) ("the CL Act") went into effect on April 9, 2003, after the Bill that would become it was approved by the Governor in Council. Even though that date had passed, many of the parts of that act1 worked backwards in cases where the "breach of duty" happened on or after December 2002. Not all of the provisions, though, were like this. There are a lot of clauses about who is responsible, a clause about how to figure out general damages, and a clause about how to explain economic awards. No matter what happened, some rules were made to apply to the past. "An Act to amend the law of civil liability for negligent acts, and for other purposes" is the full name of the Civil Liability Act. This phrase is part of the long name of the act. With the exception of Section 5, which does not apply in this case, the Act applies to "any civil claim for damages for harm." Because the Act's definitions of "claim," "damages," and "harm" are so broad, many of its rules apply to situations other than claims for damages for physical injury or death that are directly caused by negligence.

Victoria filed a case against Worthwhile Investments based on negligence that deliberately harmed her portfolio and resulted in causing her massive losses. Anita also joined her in the whole litigation procedure. Other than the Civil Liability Act 2003 (Qld), the Tort of negligence also plays a very major role in this case. In the context of civil law, a tort is an unlawful act or omission that gives rise to a lawsuit against the perpetrator. In the legal sense, a tort is a wrongdoing for which a civil action can be brought against the party responsible in a court of law. As can see in our modern world, a variety of torts are recognised by courts, some of which date back to the mediaeval era. As most torts have common elements, they must show that the elements of negligence were violated in order to establish that a negligent misstatement occurred.

There must be evidence demonstrating that the wrongful act was undertaken either knowingly or negligently by one of the parties. The plaintiff would bear the burden of proving that the tortfeasor's actions caused them actual harm/injury/loss. The Court must determine that the defendant's conduct was responsible for the plaintiff's loss or injury in order to properly compensate the victim. After determining that there was a duty of care between the parties and that duty was breached, the Court will look at the resulting loss/injury and its connection to the standard of care breached by the defendant. In order to determine if Victoria's negligence claim is valid, it must first look at the characteristics of a typical negligence claim and then look at the presence of an unusual relationship.

Conclusion

In conclusion, it is highly likely that Victoria has suitable grounds to make a claim under the Tort of negligence. This is because the criteria for making such a claim currently exist, such as the existence of a duty of care, breach of the standard of care, the actual loss incurred, and the existence of a special relationship. Furthermore, it is highly likely that Victoria has suitable grounds to make a claim under the Tort of negligent behaviour. This is because Victoria indulged Bob while the transaction was carried out regarding the funds that were being allocated to the start-ups. Bob happens to be an employee of Worthwhile Investments, and since the communication took place transparently, the issue related to tort of negligence does not apply completely in this case.

References

Murray, C. K. (2021). The Australian housing supply myth. Australian Planner, 57(1), 1-12. Available at: https://files.au-1.osf.io/v1/resources/r925z/providers/osfstorage/5ddb5b09fbde360009912184?action=download&direct&version=2

Ralston, B. (2020). Does payroll tax affect firm behaviour? Economic Papers: A journal of applied economics and policy, 39(1), 15-27. Available at: https://www.econstor.eu/bitstream/10419/210399/1/twp-2018-02.pdf

Scott, J. (2019). Taxation of Life Insurance Policyholders in Australia and Eight Proposals for Taxation Law Reform (Doctoral dissertation, UNSW Sydney). Available at: http://unsworks.unsw.edu.au/bitstreams/4dad3b8b-ad41-49f1-a19d-2da7426ce172/download

Scott, S., Hughes, P., Hodgkinson, I., & Kraus, S. (2019). Technology adoption factors in the digitisation of popular culture: Analysing the online gambling market. Technological Forecasting and Social Change, 148, 119717. Available at: https://dro.dur.ac.uk/28975/1/28975.pdf

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COMM2024 Media Law and Ethics Assignment Sample

Assignment Brief

You need to write 600 words, formatted in the same way as your chosen publisher (i.e. include an intro Para like your publisher, an image etc.). You are only asked to use Word for this formatting.

Length: 600 words

Curriculum Mode: Report

Aims/objectives

This task is designed to address the first learning outcome of the unit - in other words, it is designed to get you to apply your understanding of the legal framework of the media and the ethical context of the media. You will apply this understanding by creating a piece of publishable content in one of the following genres: report writing/ journalism; strategic communication/spin/PR/blogging; non-fiction writing/long-form current affairs pieces/opinion- pieces. By ’publishable’ we mean that you should hypothetically be able to publish your content online or in print without legal/ethical problems.

Also, this task is designed to give you the opportunity to practice writing skills relevant to professional communication.
Assessment description

1. Overview

Given the social distancing requirements in our community and recent restrictions on attendance in local court, for this assignment you will watch a televised recording of real court proceedings (in the past, students have attended local court in person.)

Please choose one case from one of the episodes of the American TV show Judge Judy, available from the In format database, EduTV. Instructions for finding the TV shows are below. You will use the court case to write a piece of content. Your aim is to write a piece of (hypothetically) publishable content. Depending on the genre of writing you choose you might refer directly to the court case, or your court case might be the inspiration for your piece of writing.

Your content must be one of the following genres:

Strategic communication

Sometimes this kind of writing is referred to as communication management, spin, or persuasive/influential writing. It is often the domain of public relations. There are two ways you could approach this task:

1) Imagine you are a PR organisation and your client is the defendant in court. Your objective is to write a piece of positive spin designed to improve your client’s reputation. It is likely this content would be published on your organisation’s website, or perhaps on another news/current affairs website, or a print publication.

2) Choose a broader issue related to your court case. You are the voice of a specific organisation. Your objective is to write a PR piece convincing the public of the importance of the organisation’s perspective on the issue (of which your court case is an example). It is likely this content would be published on your organisation’s website, or perhaps on another news/current affairs website, or a print publication.

Report writing

- You might write a court report or a longer form piece of journalism;
- Your report would be (hypothetically) published by a newspaper;
- Your longer form piece of journalism might be published by a newspaper or magazine.

2. Detailed instructions

(i) You are to treat the case on Judge Judy as a real case that you attended in person. But, all the information you can refer to is contained in the episode. That is, the case you experience is exactly as it is presented on the TV show. You can only talk about what you see and hear in the episode.

(ii) You are to disregard the fact that the case is on Judge Judy. Do not consider this, or mention/discuss this fact or let it impact your work. Your focus is writing content about what happened in the case, as if you were there. You might talk about what happened specifically, or you might talk more generally about certain themes/issues raised. If your approach requires you to specify that the case occurred in the US, that is OK. Most importantly, you need to ensure that what you write about the case is legal and ethical. Your textbook and course material is your primary source for applying legal and ethical standards when writing content about court cases.

(iii) Watch case and take detailed notes. Pay specific attention to the facts of the case. Now, after you have taken lots of notes:
- Choose a genre of content to write about your court case. Find some examples of the genre that write about the same or similar issue. Read them closely. Think about the objective of your writing, its style and layout.

Solution

1. Covering Court

What is a part of Domestic Abuse?

There is a certain level of vagueness regarding what actually falls under the purview of domestic abuse in the USA (Hunter, Barnett &Kaganas, 2018). All of us have faced or have heard about certain instances where we have been left stumped as to the categorisation of the instance. Was it just something normal? Was that an accident? Was that just a spur of the moment heated action? Or was that a case of domestic abuse? These are questions which all of us have faced or have heard in our daily lives. Here lies the importance of clarifying the legalities and the definitions of such things (Robinson, Pinchevsky& Guthrie, 2018). Let us dive into understanding domestic violence through the exploration of what are the types of domestic violence.Furthermore the discussion on abuse seeks prime linkage with a “S25E185 Felony Suspect Surprise?; Mother and Son Rock Fight!; The Case of the Missing Furniture!” from Judge Jury episode (thetvdb.com, 2022).

 


Figure 1: Domestic Violence in the USA
(Source: Ywcaweekwithoutviolence.org, 2021)

Physical Abuse is the most common form of domestic violence in the USA and it is the most predominantly noted and reported form of domestic abuse in the country . Physical Abuse is legally defined in the USA as the physically violent actions that one person in a domestic relationship perpetrates on the other (Alradhawiet al. 2020). The most commonly recorded cases of physical abuse in the country has women as the recipient of the physical abuse which is an alarming trend. The women involved in domestic relationships such as marriages are most common victims of physical abuse. “NSW Bureau of Crime and Statistics and Research” have discovered that within July 2014 and June 2019, there have been over 58,939 cases of Domestic Violence recorded in NSW (Jetelina, Knell &Molsberry, 2021). Of this volume over 42,627 cases involved a female as the victim.

The less discussed aspect of domestic violence is emotional abuse which involves the verbal abuse of one party by the other party involved in a domestic relationship. Emotional abuse is hard to identify and thus most of the times it is not identified or reported to the authorities. Though it is hard to identify, it is equally damaging and leaves a long term impression on the abuse victim. Psychological Abuse is another form of domestic violence which is closer to emotional abuse and it involves psychologically abusing one party in a domestic relationship by invoking negative emotions such as fear and hopelessness in the victim through the means of isolation and threats of infliction of harm or damage (Leitão, 2021). This type of abuse can have a long term impact on the victims and permanently affect their psychological state for assignment help.

One such remarkable case was the complication the judge found herself in during the trial of a case that involved a complicated series of incidents. Patrick’s mother had thrown a rock at him regarding a domestic dispute about taking care of an infant in the house. In the flair of the movement, Patrick picked up the rock and attempted to throw it back at his mother but accidentally caught his sister instead. This case highlights the nuances of domestic violence. According to the definitions, the action that Patrick took was violent in nature and not in self defence. Also, the intended target and the affected person were both in different types of domestic relationships with Patrick (Jetelina, Knell &Molsberry, 2021). There is a consensus that this is a case of domestic violence and the physical nature suggests that it is a case of physical abuse. It is urgent to understand that in spite of the nature of the incident, both parties can seek reparations and penalisations in court for such domestic violence.

Anyone threatened with Domestic Violence should call Triple Zero (000). For any support or help, anyone can call the “24 hour Domestic Violence Line” on 1800 65 64 63. 

References

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MGT608 Business Law and International Contexts Assignment Sample

Your task is to prepare a written document appropriately referenced, that address the following matters:

1. State the nature of business your company is involved in. Be as creative as possible. For example, you may decide that you are a manufacturer who wishes to export goods to the chosen country. Alternatively, your company may provide services which can be offered in the chosen country or your company may wish to import goods and/services from the chosen country.

2. Explain in as much details as possible the business opportunity that has arisen for the company. Making contracts is fundamental to business practice. Your company will need to make contracts in the scenario country. Please ensure you


• Identify the types of contracts that your business would need to enter in order to do business successfully in the scenario country. Explain why these contracts are necessary.

• Identify and explain the sources of contract law in the chosen country.

• Identify and explain the legal requirements for the creation of a valid contract in the chosen country.

• Explain the remedies for breach of contract in chosen country.

• Discuss whether it would be necessary to appoint an agent in the chosen country and an explanation for your decision.

• Identify whether Australia has a Free Trade Agreement with chosen country and explain the implications of this.

• Identify any specific regulations that apply in the chosen country based on the nature of your company’s business.

Solution

Introduction

Globalization has provided opportunities to organizations to expand their business activities in different markets and add value to the present market position. To ensure the proper utilization of the globalization effect for assignment help, it is also important for organizations to evaluate the trading relationship between foreign countries and host countries so that the risk of potential conflict can be reduced. On the other hand, it is also necessary for businesses to gather information about the relevant rules and regulations in the foreign market that will help in avoiding any type of complication in business performance. Premium cars is an Australian based automotive organization that has decided to export automobile products and different automotive parts to the local market of Japan and enhance the business outcome. The organization is selling a different range of cars that range from premium to luxury. Affordability rate of their cars is high, enabling the organization to reach 350 million revenue generations. Japan is one of the important markets for automobile companies but the rate of competition is high in the country. Therefore, instead of opening an organizational facility in the country, Premium cars has decided to export advanced automobile parts in the market that will minimize the risk in business and add advantage to the overall financial outcome. On the other hand, to establish a successful business venture, it is also important for the automobile organization to gather information about different types of law that can influence their business practice. The report will shed light on the importance of involving legal requirements that enable the organization to conduct their business in Japan in a successful manner. In addition to this, it will also evaluate the decision of involving a trading agent with the organization to buy and sell automobile parts to the customers directly.

Discussion

Identify the type of contracts

Different types of contracts have been practiced in Japan that mainly apply to employees. Three main employee contract laws have been introduced such as Sei-sha-in to form permanent contact with employees. Employers mainly focus on developing permanent contact with the employees as it is stable in nature and less risky in comparison to other contracts. Keiyaku sha-in refer to the short and specific term contracts with employees and it provide opportunity to the employer to hire workers based on the need of the business. This type of contract mainly forms for 3, 6 or 12 months based on the requirement of the business (Sono et al. 2018). In this type of contract, employers hold a minimum amount of obligation towards the employees. Lastly, there is Haken sha-in, which refers to the outsourced or temporary employees and they mainly work as personnel for a very short term period.

Premium cars need to know about the different types of contract before starting employing workers for the organizational function. The organization is also responsible for knowing the advantages and disadvantages of the different types of contract so that they can involve personnel based on the needs of their business.

Identification and explanation of the source of contract law

Contract law is an integral part of Japan's regulatory system and the Japanese contract law is one of the influential models of law in the East Asian jurisdiction. The Japanese contract law needs to be seen in the context of private law and to understand the importance of the Japanese contract law, it is necessary to put focus on the Pandectist civil law system where rules of the private law system are interconnected. Civil law in Japan has mainly used the 3 important status of the fundamental law and the basic rule of the contract has been described in the Civil code. On the other hand, special rules related to merchandise are described in the Commercial code. Different types of special laws have been formed for the protection of customers and regulate the business conduction of operators (Lexology.com, 2022). In the particular section of the article 526 of Civil code, reflect that contract form between two parties who are situated in long distance shall be accepted upon the dispatch of the notice of acceptance. Under this type of rule, a contract will be formed without the reach of the acceptance. On the other hand, it also provides an opportunity to the parties who do not want to bear such risk can mention a definitive time limit for the acceptance of the offer.

Identify and explain the legal requirements for the creation of a valid contract in Japan

The basic binding of a contract requires involvement of four key elements such as offering, consideration, acceptance and intention to develop legal relations. It is important for an organization to fulfill the legal criteria of valid contract formation. One of the basic requirements of valid contract formation is the legal promise that must be mutually exchanged between involved parties. Two important elements in the Japanese contract are consideration and mutual acceptance. In the case of Japan, there is essentially no requirement of documents to form contracts with each other and to enter into the legal agreement. Japanese mainly followed traditional approaches that require an agreement and an offering that can match acceptance. After an offer becomes active, Japanese Civil code restricts the revocability (Tamaruya, 2020). On the other hand, the offeree's acceptance becomes active after the dispatch. It has been seen that the Japanese contract has no doctrine consideration and it has eschewed formal requirements due to the prerequisite of the enforceability of the contract. An important feature of Japanese contract law is the strong duty of negotiation that performs in good faith.

Explain the remedies for breach of contract in Japan

The Civil code has provided three different types of remedies upon breaching any type of contract in Japan. The primary remedy is the right to performance under contract (“riko seikyu ken”) in which an obligee only needs to prove the non performance on the due date. While principle remedy is the right to performance, secondary remedies refer to the damages. On the other hand, seeking performance does not disallow the obligee to seek damage simultaneously. The next remedy is the Right to Damages (“son gaibaisho seikyu ken”) that allow the obligee to recover the damage under the Japanese Civil code law (Karaiskos, 2018). The right to damage remedy is also available at the time of contact rescinded. In this type case, oblige may obtain the damage as a form of substitute or in the conjunction of other contracts. Right to Rescission (“kaijo ken”) remedy is available to the obligee in terms of non performance of the contract. When a contract is revoked, both the involved parties are invoked for their contractual duties. The revoked contact does not seem to have existed from the beginning. However, after the revoke of the contract, any party gains any type of benefit from other parties, they have lost the right to retain it and need to give it back (Young et al. 2002). After losing the right of retain, the parties need to give back any type of money or property that they gain under the agreement.

Importance of appointing an agent in Japan

Appointing an agent is of utmost importance in international business expansion so as to carry forward the intermediaries of products and services in the international chain. Premium cars need to appoint a tradeagent who can work as import-export agent so as to buy items from the firm and sell directly to the customers (Drieghe&Potjomkina, 2019). They prepare necessary documents to carry on the overseas business of car manufacturing and distribution inventories to likely succeed in the Japan market. Tracking and coordinating shipments of products along with the compilation of data associated with importing or exporting items are necessary to minimize the risks in business. While exporting different automobile parts, the trade agent of Premium cars needs to obtain a license to establish a successful business venture in Japan and optimize a different range of cars that includes premium cars as well as luxurious ones. A sales agent also needs to be appointed in Premium cars in the Japan market to act on the behalf of the overseas market and attract potential customers. It is crucial to appoint a sales agent in the car manufacturing company not only to have solid relationships with potential buyers but also to exploit opportunities in the new trade market (Cremona, 2018). The agent can also avoid training, recruitment and payroll costs by appointing Australian employees in the Japan market that can reduce their operations constraint while entering an overseas market. Using an agent for Premium cars in Japan can allow them to maintain more control over financial matters and brand proposition compared to that of intermediary options by using a distributor. Therefore, appointing an agent is necessary in Japan to influence a strong business practice over car manufacturing and automobile parts in a successful manner.

Identification and implications of Free trade agreement in Australia with Japan

Free trade agreement is an international agreement between two or more nations to reduce challenges in exports and imports of goods and services. Australia has a free trade agreement with Japan through The Japan-Australia Economic Partnership Agreement (JAEPA) that allows them to improve market access in goods and services through substantial improvement in investment protections (dfat.gov.au, 2022). By providing valuable preferential access in Japan through Australia's exporters, Japan supports positive growth in the economy through two-way investment measures. The agreement between Australia and Japan helps to bring their economies and societies even closer and strengthen their relationship for many years. A major implication of free trade agreement policy is outsourcing of products or services through international context that might add advantage to Premium cars in Japan for a short-term period. Implementation of JAEPA in Premium cars is effective to receive preferential access or enter duty-free environment during imports and exports of automobile parts. The organization can utilize JAEPA agreement to provide enhanced protections in their automobile parts and impart certainty for bilateral investments. An extended benefit of Premium cars in the Japan market is full-time enjoyment of customers on lower prices of automobiles and automobile accessories by gaining a greater choice on high quality products. Application of free trade agreement policy in the organization can enable immediate tariff elimination and reduced levies for polarity on Australian products (Bhagwati, 2021). Premium cars can gain guaranteed cross-border access to Japan while providing portfolio management services and investment advice.

Regulations of the organization to be followed in Japan

Premium car is a popular Australian based automotive organization that has decided to export advanced automotive parts in Japan. Based on the nature of their business, Premium cars need to implement different regulations while opening their new business venture in the Japan market. For instance, Foreign Exchange and Foreign Trade Act (FEFTA) needs to be practiced by Premium cars to enable proper expansion of foreign transactions and maintain peace or security in Japan (cas.go.jp, 2022). It is of utmost importance to ensure equilibrium of international balance of trade in the Japan market to coordinate foreign transactions and contribute to the sound development of the Japanese economy. In accordance with the FEFTA act, Premium cars need to measure "foreign currency" and "means of payment" by offering a legal promise of valid contract formation in Japan. On the contrary, Premium cars need to assess the Ministry of Economy, Trade and Industry (METI) policy to develop Japan's economy and promote economic vitality (meti.go.jp, 2022). This is crucial to secure a stable and efficient supply chain across international borders of Australia and Japan along with the proper utilization of resources and capabilities. Application of METI regulations is beneficial for Premium cars in the Japan market so as to promote free international trade from the Australian market regarding the acquisition of automobile parts and services. Therefore, the automobile organization needs to follow such legal interventions to enhance their business outcomes in automobile manufacturing and selling in the international market.

Conclusion

From the above analysis, it can be summarized that Premium Cars need to form contracts with the other party only after gathering important information about their activities. Once the legal contract has been formed between the parties, there is no possibility to withdraw unless both of the parties agree to revoke the contract. Multiple types of contract have been found under the Japanese Civil code that needs to be understood before involving employees within the organizational activities. On the other hand, the legal system has also defined different type remedies upon the breaching of contract. Mainly 3 types of remedies have been evaluated in the report that will allow the organization the negative effect of breaking legal binding. Premium Cars also need to appoint trading agents within their activities in overseas functions so that they can guide the organization on importing and exporting activities. It can be concluded from the above that appointing a trade and sales agent in Premium cars in Japan is effective to carry out the ongoing tasks of import and export services from Australia. Application of free trade agreement through JAEPA is crucial to support positive growth in the automobile organization in Japan during the overseas operations of import and export. It is beneficial not only for maintaining a healthy relationship between the stakeholders of two countries but also to increase the affordability rate of their cars that is already high in the former market.

Reference list

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LAW3700 International Trade Law Assignment Sample

Topic: China — Anti-Dumping measures on stainless steel products from Japan

- We have write on international trade law as well which how wto applies on that and all, and china-japan and southkorea are already on a free trade agreement.

- Please include things about the free trade agreement between china japan and south korea

Wto rules and regulation for anti dumping International trade policy regarding antidumping Which economy will be impacted more (And last but not least, discuss all the things related to agreement and antidumping and how will it affect, please i am just tensed thats why i am more emphasizing that all the crucial info is there for international trade law, have a look on research paper as an example how the info is presented)

Requirements

1. I have submit a research paper, I have to write on trade law topic which includes atleast two countries and their should be a product on which we have to write about.

2. There is sample which was submitted by another student on the topic please let me know, if you can finish it as i cant afford to get less than 70% on the paper. Please see there should not be any plagiarism.

3. Please ensure there is some kind of product or service involved in this trade law with appropriate reference and citing. Please ensure there is minimum page requirement of 8 pages so make it atleast 10 pages worth of extensive quality writing, with appropriate reference and in-depth analysis of trade law instruments.

4. ensure the apa guidelines and other paper format mentioned in this

5. And please make sure that the references should be included in the footnotes of the
paper

Solution

Introduction

In the following research paper for assignment help the discussion about the international trade of the dumping of stainless steel between two major countries Japan and China had been performed. The international trade law between both the countries has been discussed. Also, FTA known as Free Trade Agreement that has been covering three major countiries South Korea, Japan and China has also been mentioned. The WTO rules and regulation for anti dumping of stainless steel has been described with the overview of panel estabilishmentrequestes. The economical impact from the dumping of product and international trade laws and policies regarding antidumping has been summaried.

Questions within the anti-dumping place are probable to proscribing debate agreement earlier than the DSB (Dispute Settlement Body) of the WTO, as in keeping with the arrangements of the DSU ("Dispute Settlement Understanding ") (Article 17). Individuals may project the burden of adverse to unloading measures, at instances may task the inconvenience of the fundamental enemy of unloading measures, and might raise all troubles of consistence with the prerequisites of an agreement which is before the establishment of a panel. In questions beneath the agreement of AD, a unique norm of the survey is cloth to a board's audit of the assurance of the general public specialists forcing the movement. The well-known incorporates a specific degree of appreciation to public experts of their foundation of realities and expertise of the regulation and is predicted to stop question settlement forums from going with choices structured simply upon their views. The norm of the survey is for disputes of AD, and a decision by the minister offers that it is going to be checked in the following three years for determining if it is suited for standard application.

International trade law between China and Japan

On January 1, 2022, the RCEP (Regional Comprehensive Economic Partnership) is in effect. It has critical monetary importance since it's far the main complete financial company in East Asia including South Korea, Japan, and China. RCEP is supposed to increase monetary courting in East Asia by using making extra coordinated delivery chains. Despite the reality that RCEP's 91% lower in taxes is a lower stage of development than the assessed 98% deduction of tariffs in the CPTPP (Comprehensive and Progressive Agreement for Trans-Pacific Partnership), RCEP extra than compensates for this in quantity. Enveloping around 2.3 billion individuals and a consolidated GDP of approximately US$29 trillion, it is the sector's largest global alliance and data for roughly 30% of world GDP and population. RCEP ought to urge Japan and China to collaborate on their ventures and attain shared gain circumstances within the district, like in Southeast Asia. Japan's maximum effective enterprise affiliation, the Japan Business Federation (Keidanren), has looked to grow the tasks of Japanese agencies inside the big Chinese market and it is probably going to provide extra open doors.

After the USA withdrawal, China shockingly carried out CPTPP enrolment. Its advertising might shift the monetary normal and have an impact inside the Asia Pacific toward

China. However, there are as yet some impediments. The Chinese government offers sizable appropriations to nation-claimed endeavors (SOEs), which maintain profound political institutions with the general public authority. It thoroughly might be challenging for China to fulfill CPTPP section conditions by way of lessening those appropriations. China's constrained painting conditions are every other obstacle, alongside the conditions with the expectancy of complimentary information circulation and herbal guarantee. It is muddled the way that the dictator Chinese government can clear up these troubles in a manner CPTPP individuals view as acceptable.

Whether there may be a genuine opportunity for China to join the CPTPP, China's utility for participation gives a method for comparing US expectancies to recapture an influential position inside the Asia Pacific. Albeit America has predicted to develop a free as well as an Open Indo-Pacific to comprise for containing a rise of China and proposing a framework of economic known as the IPEF (Indo-Pacific Economic Framework), the IPEF is honestly not a restricting worldwide alliance and does not supply an adequate economic structure to US-drove commitment within the locale. China was the principle to sanction RCEP similarly suggests China's stable obligation toward the world's most huge uber monetary accord. Moreover, China has additionally chosen to seek after an "RCEP in addition to" rendition of the CJK FTA.Likewise, the Blue Dot Network sent off by way of theUSA, Australia, and Japan to increase the 'first-class' framework task has seen extensively less improvement than the BRI.

Free Trade Agreement (FTA) between South Korea, Japan, and China

In 2013, the largest economies of continent Asia that are South Korea, Japan, and China, sent off talks for a trilateral FTA (Free Trade Agreement). As of 2022 January, a sum of 16 rounds of talks among the parties were held, but without good-sized advancement. As of late, with the main FTA covering each one of the three international locations - the RCEP (Regional Comprehensive Economic Partnership) - going into force, the CJK FTA (China-Japan-South Korea FTA) has again acquired consideration.

The stale advancement on the CJK FTA may be credited to 3 variables. To begin with, resistance from homegrown financial areas vulnerable to experiencing the sick outcomes of the arrangement, mainly horticulture, stays solid. As indicated via a sectoral examination carried out using specialists from South Korea, farming is considered because of the foremost hindrance to the completion of the CJK FTA. The concerns of industry comprise the deficiency of a piece of the pie, but in addition to IPR (Intellectual Property Rights) on technology related to agriculture, observing quarantines and safety of food.

The countries South Korea, Japan, and China have each embraced a trade FTA method. China is understood for its gradualist and unique approach to forming FTAs. All the extra severely, China doesn't need a plain degree CJK FTA. All things taken into consideration, it leans toward a slight-level three-sided FTA, which is targeted round trade products. South Korea favors an extensive FTA regarding each diploma and content, together with administrations, hypothesis, government obtainment, IPR, and specialized principles, however, trade merchandise. However, Japan is brief to bar horticulture and fishery introduction from the knowledge, the nation - being prepared via the maximum compelling business agencies - rejects a low-widespread CJK FTA. All matters are taken into consideration, and Japan advocates for expertise that carries a vast levy lower in addition to the development of administrations, IPR, ecological protection, and policies of labor.

WTO rules and regulations for anti-dumping

On 19th August, in the year 2021 the country Japan requested the establishment of such type of committee or a panel (by which the following issue will be disputed) under the agreement of WTO which is regarding the measures of imposing duties of anti-dumping on products of stainless-steel regarding China which has taken place since 2019, July.In 2019,July China started imposing anti-dumping duties on the products of stainless steel that has been imported from the Republic of Korea, the European Union, and Japan and claims that their domestic industry has been injured by the dumping of such type of products.

Japan had considered the measures of anti-dumpingas inconsistent with the GATT (General Agreement on Tariffs and Trade) as well as the agreement of the implementation of article 6 of GATT and the trade law of 1994 (which is also known as the anti-dumping agreement of WTO) which is due to the flaws in the investigation procedures and determination of the authorities of China.According to the rules of the WTO,anti-dumpingJapan will be going to pursue a solution for the following issue.

Panel establishment request under the agreement of WTO

Under the agreement of WTO, the concerned parties are required for having bilateral consultations which are regarding the measures in the following issue between both the parties which is to request the establishment or making of a committee or panel under the agreement of WTO.However, if in any case the bilateral consultations are not able or failed for settling the following dispute within the provided time which is after the date of request of a recipient for the consultations, the party that has made a complaint will be able to request the establishment of a committee or a panel for the DSB (Dispute Settlement Body).According to the measure of anAD, in the year 2021 on 11th June, a request has been made by Japan for consultation with the country China under the agreement of WTO.In the year 2021, on the 19th of July China and Japan are available for consultation but the settlement had not been resolved or disputed.

Products of stainless steel that are dumped

The measures of AD covered the coils of stainless steel, the sheets of stainless steel (which are plates and cut sheets), and slabs of stainless steel that are hot rolled.The slabs of stainless steel are semi-processed productsthat can be obtained from the process of casting refined steel (which is melted into the sheets of stainless steel) which is hot rolled and can be used in machinery for industrial purposes and as a raw material for the construction of structures or buildings such as bridges and ships. The coils of stainless steel can be used asa raw material or a product that is Semi finished for the appliances of the household that are electric and parts of automotive.

International trade policy regarding antidumping

In an Agreement, the dumping is characterized with the Article VI implementation of the GATT 1994 (the ADA) as a presentation of an item into the enterprise of one extra us of an at no longer exactly it's not sudden worth. Under the ADA (the Anti-Dumping Agreement) and according to the Article VI of GATT 1994, the members of WTO can force adverse unloading measures, if, after the exam as according to the Agreement, assurance has been made (a) that unloading is going on, (b) the homegrown enterprise handing over the like item within the bringing in the nation is experiencing material harm, and (c) there may be a causal connection between the 2. Notwithstanding big ideas administering the guarantee of a causal link, injury, and dumping, the Agreement provides exact procedural requirements for the inception and direct examinations, the inconvenience of the following measures, and the review and duration of the measures.

The panel or the Committee, which will have a meeting two times in a financial year, gives Members of the WTO the treasured risk to talk approximately any problems connecting with the ADA (Article 16). The Committee has embraced the audit of public rules cautioned to the WTO. This gives the brilliant danger to convey up troubles regarding the hobby of a public enemy of unloading guidelines and recommendations, and questions regarding the consistency of public exercise with the ADA. The panel or the Committee likewise surveys warnings against unloading actions made through Members, giving the chance to take a look at problems raised concerning specific cases.

Without massive US commitment in provincial financial becoming a member, Japan has replied to the ascent of China by gambling a role of authority within the making of the CPTPP. In any case, Japan's administrative function is probably undermined on the occasion that China's enrollment application is mentioned. India's withdrawal from RCEP may likewise subvert Japan's endeavors to maintain the initiative. Eventually, China would possibly become the triumphing economic power in the district using laying out change and hypothesis regulations gainful to it. While Japan will in preferred consider contention with China even as advancing territorial economic becoming a member, Japan may want to likewise accomplish crucial blessings. As properly as securing less complicated admittance to the splendid Chinese marketplace with reduced or no obligations on its commodities, Japan can also likewise have the choice to instigate China to be aware of greater liberal worldwide alternate and challenge policies. Eventually, economic participation with China might toughen security inside the district.

Economic Impact

While Japan would not venture China's warranty that unloading is going on, the Japanese authorities call attention to the violation that is nine in number by using China in its solicitation for counsels. The important mainstay of its case is China's inability to direct a valid damage warranty underneath the ADA. In particular, that's what Japan guarantees (I) China inappropriately reasoned that the challenge imports in fashionable fundamentally affected the expenses of like homegrown gadgets general, without thinking about the intrinsic contrasts within the problem imports, on this way with the violation of the ADA; (ii) China's aggregate appraisal of the influences of a subject that are imported from South Korea, Indonesia, Japan and EU became unseemly considering the distinctions in states of the contest, therefore dismissing the ADA; and (iii) the country China left out to lead a goal assessment of all crucial factors of economy and documents having a direction at the situation of the homegrown business and to give a pondered and nice explanation of the assurance of materialistic harm to its domestic industry with the violation of ADA.

Because of the public assertion of the Ministry of Economy, the industry and trade in country Japan, the whole worth of commodities of stainless steel from the country Japan to the country China is approximately $636 million each year, out of which commodities of the situation of the gadget to the anti-dumping measure represent around USD 84 million (the 2 figures beginning round 2019). Inferable from that enemy of unloading levies, shippers of those Japanese items need to pay USD 10 million in more taxes every year. The government of Japan and the government of China will go into conferences absolutely in no less than 30 days, and on the occasion that the counsels forget to clear up the controversy in 60 days, Japan will need to demand the foundation of a board. The board might be laid out this Autumn at the earliest.

Agreement and antidumping policies and their affects

If any type of a company is exporting any type of a product at a low price, then the price of that specific product will be changed on the market availability of that specific product of their own country or it depends on the market of their own and it can be defined as the dumping of product.Under the agreement of WTO, it cannot regulate the company’s plans or actions that are engaged in the process of dumping.The main focus is on how the government will react to the dumping of products and provides the laws, disciplines, or principles regarding the actions of anti-dumping and this can be called the agreement of anti-dumping.

Conclusion

The following research paper discuses about the international trade of the dumping of stainless steel between two major countries Japan and China. As there are various types of laws that has to be followed by both the countries that can be defined as trade law. A FTA (Free Trade Agreement) has also been discussed which is a trade agreement between three major countries that are South Korea, Japan and China. However, due to the dumping of stainless steel Japan has raised a complaint against China at WTO (World Trade Organisation) and a panel has to be made for looking into this dispute.

RCEP addresses a cut of the difference between South Korea, Japan, and China concerning FTA techniques. For example, RCEP isn't unquestionably the most important FTA that China has encouraged to this point, but at the identical time is the only one with great expectations and the biggest diploma. For example, RCEP is each time that China first has vowed to make use of a poor rundown approach even as marking a territorial change settlement. Essentially, it's miles likewise on every occasion that China first has consented to not forget articles for government acquirement in an FTA. Every such a show that China will sign up to a truly higher exceptional FTA contrasted with the past.

References

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LAW2442 Commercial Law Assignment Sample

Background

You are a graduate working in the procurement and logistics department of Wineglass Bay Seafood Pty Ltd – a company specialising in supplying fresh seafood directly to restaurants. The company also sells seafood direct to the public at its marine farm situated on the east coast of Tasmania and has three outlets at nearby towns. In your interview for the graduate position, you highlighted your knowledge of business law completed as part of your RMIT degree. See attached memorandum from your team manager, along with an invoice, company search extract, and relevant email correspondence.

Task

You are required to address your team manager’s questions in the form of a memorandum of advice. Refer to the RMIT Learning Lab resources for advice on the structure.

Wineglass Bay Seafood
Memorandum

Disputed Purchase – Launceston Printing and Design

Jemma, our outlet manager in Bicheno, has received an invoice from earlier this year. It appears there is a disagreement between her and a signage company about whether or not things were properly ordered or not. The dispute is above $5,000 so Jemma has escalated the matter to us at head office in line with company policy. I am away on leave next week. In my absence, I am tasking you with reviewing the enclosed materials and providing me with a memorandum containing your critical analysis in response to the following questions:

- Is there a valid contract for the banners?
- Is there a valid contract for the outdoor sign?
- Is Wineglass Bay Seafood bound by the so-called “terms and conditions”?
- Are there any other legal issues arising from the materials?

Please give legal reasons for your answers and keep your analysis to a maximum of 1,500 words. I need this back no later than Monday 12 September 2022, so that I have enough time to consider whether to pay the invoice or send it to our lawyers. If you have any questions or need further information to complete your analysis, please just include this in your memorandum – don’t bother Jemma with any questions yet. If any other relevant information comes through while I’m away, I’ll forward it to you.

Solution

To
Ms Jemma Fishburne
Senior Manager
Customer Complaints
Date: 10th September 2022

Dear Ms Jemma Fishburne,

R.E: Customer Complaint - Jemma Fishburne

We are very thankful for the email dated 29th August 2022, as I have viewed all the emails and factors related to the case. The impact of the matter is very much interesting as the main agenda is the fault of both sides. Though there are many factors that are needed to be looked into for the evaluation of the cases and the fault from both sides and the impact are necessary for the improvements of the study.

1. Is there any valid contract for the banners?

In the case study, Ms Jemma offered to build a banner for her organisation Bicheno for seafood. But the case was disturbed when you cancelled the order. Our company has charged around $5000 which is very high in case of the development of the laws. I personally considered all of the malls that have been provided to you by is and there are huge mistakes from our sides too. But the main impact is generally from your side as there are many factors that are effective for the disclosure of the case.

1.1 Scenario

There are many issues that are being created from both sides. As per the email from you on 2nd September 2022 two of our boys have left a huge hole in the preparation of the banner and they left the banner incomplete in the section which is a huge mistake. On other hand, you have suddenly cancelled the order which affected our company as the improvements are legally effective for the matter of the different aspects. These mistakes are very effective from our point of view and it needs to be resolved by us properly.

1.2 Regulations and Laws

There isn’t any valid contract for the banners but the Australian contract law is the main factor for the contract violation and the violation of the contract needs to be impacted by the registered factors for the implementation in this case. The case law of “A v Hayden” in 1984 is the main factor for the contract violence which is registered under “156 CLR 532”. It is a similar case for assignment help as per the case including the case study. In this case, members of “The Australian Security Intelligence Services” acted beyond the law during the training and they suffered punishment for this case . In this case, the company should get the advantage as you violated the contract. The case study of “ACCC v, Quantum Housing” filed in 2021 under “FCAFC 40” stated that Quantum housing has violated the law and contract of NRAS in dealing with the investors. It is very effective for the country as the country delivers a huge impact on the chase . This case also has similarities to this case and the order should support the company.

1.3 Conclusion

The discussion stated that there is no legal contract for the banners but the contract needed to be fulfilled at any cost either by any of the sides in the country. Here the company gets the advantage as the contract is violated by Ms Jemma Fishburne.

2. Is there a valid contract for the outdoor sign?

From our side, the contract will be fulfilled but the contract violation is generally caused by you so there is no violence that you can make or cause for the filling of the case as there are no issues from our side.

2.1 Scenario

The email from September 2 also stated that the two workers from our company had violated the contract and had made a huge impact on the company's financial aspects. The two workers made a huge mistake by not sealing the whole for the banners which resulted in the destruction of private property in this case.

2.2 Rules and Regulations

In this context, Australian contract law will be also applicable as the two workers did not complete the task for the day and left the work unfinished. They have paid for the task to date and still, they left the task unfinished. There are many similar case laws related to the factor including the case of “Australian Competition and Consumer Commission v Kimberly-Clark Australia” which is filed in 2019 under “FCA 992”. In this case, Kimberly-Clark Australia has faced a penalty of $200,000 for misleading consumers . In this concept, our company also misled Ms Jemma and this is very effective for you as you can file a case and the fine cannot be paid for the penalty in this concept. “Mackie v Central Coast leagues Club” is the case that is very much relevant to the case under the section of “NSWSC 960” in 2010. In this case, the company has to face a huge amount of penalty for damaging the property . In this case, The Company also destroyed the whole property for which the company has to pay a huge amount of fine to Ms Jemma Fishburne.

2.3 Conclusion

The discussion generally delivered the vision of Jemma Fishburne for which the fine is not needed to be paid. The case studies that are discussed here are supporting Ms Jemma Fishburne as the company could not provide the proper system of methods for the development of the article. In this context, all the cases are supporting Ms Jemma Fishburne.

3. Is Wineglass Bay Seafood bound by the so-called “terms and conditions”?

In this case study, several “terms and conditions” the promise has been made by Wineglass bay Seafood has not been fulfilled as the fine has not been paid by Ms Jemma. There has been an issue in building a banner by this company. In this case, Jemma has not been able to keep the promise and hence, an issue has occurred.

3.1 Scenario

Several issues have been raised in the case of terms and conditions by this specific company. According to the email that has been sent on August 19, 2022, there has been an observance of liability in the case of this particular company. The appreciation of prompt payment that will be done by Jemma, has been done by Accounts Department of Launceston Signs and Designs. In the email of the above mentioned date, it has been clearly mentioned that a force will be exerted on the company for the consideration of the legal options.

3.2 Regulations and Laws

It is quite difficult in the case of the company to maintain the terms and conditions as a huge amount of charge has been exerted on them. An example of this can be taken from the law of “ ACCC vs LG Electronics Pty Ltd”, that has been registered under ‘FCAFC 96” there has been an issue of misleading conduct. In addition to that, there has been an issue of acceptance of the quality by the consumers. Hence, LG Electronics has to maintain terms and conditions to guarantee the quality of its products to the customers of Australia. However, in this case, though hard attempt has been made by ACCC, the judgement of primary judge has not provided any chance for it to exert the terms and conditions in the case of LG Electronics even when it has been prepared for it. Similarly, like LG Electronics, there will be a fair judgement for Wineglass Bay Seafood so that it can avoid the so-called terms and conditions.

3.3 Conclusion

From the side of the company, an effective attempt will be made to fulfil the demands of the Launceston Signs and Designs. With the help of this, the position of the company will not deteriorate.

4. Are there any other legal issues arising from the materials?

There has been a presence of legal issue in the case of the contract as there has been a presence of denial of paying the invoice. This email has been sent by Jemma to the Accounts Department of Launceston Signs and Designs.

4.1 Scenario

It has been clearly mentioned by Jemma that she will not pay any sort of invoice. The causes that she has mentioned in the email of 15th August, 2022 is that order of the banners that are the pull up in nature has not been done. She has made it clear that there has been a delivery of order and she has directly said that the order can be taken back by Launceston Signs and Designs as per its desire. Cancellation of order of outdoor sign has been done and a disagreement has been mentioned by Jemma in the case of delivery fee.

4.2 Regulations and Laws

In this case, there can be a case that can be filed by Launceston Signs and Designs on Jemma for not giving the payment of invoice and no contract will be made between them. In addition to that, she has directly uttered that she is responsible for the delivery fee. As per the case of “PNG vs Leahy”, under 105 CLR 6 failure has been observed in the case of PNG. As per the decision of High Court, no contract will be further made between them.

4.3 Conclusion

From the side of Jemma, there is a requirement of payment of invoice. There has been a requirement of getting contract for the good reputation of the company in future.

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BMP4002 Business Law Assignment Sample

Assessment Details

Individual Report (weighting) - 50 %
Words - 2000 words)
Assessment Name - Business Organizations

Learning Outcomes Assessed:

Explain sources of law, business transactions, the nature and management of a company, the concept of business liability in negligence, the vicarious liability of an employer and also individual employment rights.

Assessment Brief:

Sam operates as a sole trader (IOM Solutions) selling electrical parts to local garages. Sam has run the business for eight years. Over the last two years, Sam has found that the business has grown in terms of demand and employees. This has placed a number of pressures on Sam whilst also presenting a number of opportunities. As of October 2020 Sam, has decided to expand the business. However, Sam is not sure of the most appropriate form of business ownership for IOM solutions.

Explain to Sam, what types of business organisations are potentially available in terms of reorganising IOM Solutions, and the legal consequences for each option. Ensure you support this explanation with a recommendation of the most suitable organisation type for Sam to choose for IOM Solutions.

Secondary Research Level HE4 - It is expected that the reference list will contain between five and ten sources. As a MINIMUM the reference list should include one refereed academic journal, two academic books and case law.

Additional Submission Instructions:

You are required to submit a soft copy via “Turn-it-in UK” on the module Moodle page. The software will allow you to check your work against other material on the internet. It will also compare your work against other students work.

Solution

Introduction

There are many business laws and policies present in the UK region. There are four types of business structure present inside the UK such as sole trader and partnership and also the limited ability of partner as well as a limited company. When an entrepreneur starts a company, they need to follow some steps and those steps are very much important for the UK organisation. Choosing the right type of business is very much important to run the business for a long period. This report is focused on the business and organisation in the UK markets also, the legal business structure of UK companies that are sole traders, and general partnership and partnership also limited liability. The recommendation and IOM solution are also briefly included in this report for best assignment help.

Businesses & Organisations in the UK

The nature of management is involved several things for organising the companys people in a team and managing them properly. As suggested by Singh et al. (2019), It needs multiple levels of empathy and understanding them properly. Also, businesses care about well-being as well as society. The organisation is focused on the employee's development and gives the motivation to them to retain. There are various functions in the organisation, such as proper planning and organisation. As mentioned by Urbanski et al. (2019), the people also recruit employees as well as direct them in the proper way. The last one is to build strong communication between the organisation and employees and properly control them. In the organisation, there are three types of management levels, top and middle also lower. In this modern era, managers have several types of skills and run a successful business. The companies act (2006), according to this act parliament of the United Kingdom, forms many primary sources in the UK company law (Legislation, 2022). This act creates many modernised and simple corporate laws and creates some rules and regulations.

Insolvency act 1986, this act if a company cannot pay their debts, then it will be due. Employment act 2002 mainly focused on introducing a new friendly work culture in the UK business market and gave equal treatment to every employee (Legislation, 2022). It gives many advantages to the employees, and the last is it helps to give motivation to organisation employees and give the proper space to the employees that they can comfortably work in their company. Employment act 2008, according to this act, the compensation is provided to the employees for the financial loss in the unlawful underpayment or other non-payment options. Under this law, it helps to give the minimum wages to their employees (Legislation, 2022). Vicarious liability is a specific situation in which one party is responsible for the unlawful act which is done by the third party. The other third party also has their own liability, which belongs to their own share. As mentioned by Antcliff et al. (2021), Vicarious liability comes with the employees and employers’ relationship, which represents the respondent superior. Business liability is negligence that represents professional negligence when the professionals cannot perform their roles and responsibilities and decrease the work standards as well as breach the duty of care. As per the view of Malagila et al. (2021), it can lead to many cruises such as financial loss and can damage physically and can also lead to the injury of the customer and other employees and clients. Negligence in business cannot achieve the targets. Also, it cannot meet the high work standard. Directors have several roles in the UK organisation; they have the powers, and they need to make sure that all powers work in the right way, and they have the duty that exercises the independent judgement. Also, they have the responsibility they bring success to the enterprise, and they have the proper skills and right knowledge, which gives the success to their organisation and help to run a successful business in the UK market (Keogh-Brown et al., 2020). Directors have other roles that are needed to avoid the interest in all conflicts, and directors are to avoid the advantages from the third party. A Memorandum of association is the proper statement that is signed by all stakeholders and other guarantors, and they belong to the company. This association writes the rules for a successful running company which are agreed upon by the company's stakeholders and directors of the company. The article of the association is to create a p[roper document which identifies all rules and regulation for the organisation's purposes and describe the organisation's operations (Olenina et al., 2022). These documents make sure that all tasks are complete in the organisation and properly handle the financial statement.

The legal business structure of UK companies

Sole Trader

Sole traders run their business individually, and they are self-employed in their business. Any person can be a sole trader, and they can keep their business profit after giving all taxes to the UK government (Kindylidi, 2020). If any person faces any losses in their business, then they are solely responsible for the losses, and sole traders need to follow some rules and regulations. Solr4 traders need to maintain all business records and other financial records and need to send a tax return to the UK government every year. Sole traders need to pay a certain amount of income tax and must register for the VAT. Sole traders do not need any licence in the UK market (Yousef, 2019). A business licence is needed for businesses operating with the private security sector with the proper supervision and other surveillance. Sole traders need to follow some steps that they are self-employed, and they need to show the company name that they run the business and also show the proper financial statement which needs to be legal and follow some rules and regulations and the latest one shows the proper tax statement. Sole traders have many limitations, such as they have personal liability, and many customers do not want to deal with the sole traders; for this reason, sole traders cannot make that much profits (Fiandrino et al., 2018). Sole traders need to do proper planning for their taxation. Also, they cannot share their ideas with their colleagues, and they cannot innovate new things, which is the most liable part of the business.

General Partnership

The general partnership represents the framework that partners are equally responsible for all consequences in the business market. If the business faces some losses, then all partners are equally responsible for losses, and they can share business profits as well. Partners share all stock and equipment which they buy for the business (Cabaj, 2019). A general partner agrees with all business terms and rules and regulations and builds more policies which they agreed and runs a successful business in the UK market. A general partnership does not have any legal bodies for other employees in their organisation. As suggested by Rahman et al. (2021), general partners get the payments throughout the management fees, and they share the carries interest also distribution from the capital. If any partners are run by someone, then they follow the general partnership structure and all partners are agreed with all assets and profits and other liabilities in the enterprise. A general partnership is the simplest legal business structure, and the most important part, every partner is responsible for the consequences, including all debts and other legal factors (Tawiah et al., 2021). A business run under a general partnership is the better option to run a successful business, and it gives many advantages like this business has double resources. It has some limitations, such as general partners having some responsibility for the other partner's actions. Also, there are many disagreements that could be arisen, and general partners are liable to other partners for the company's debts and liabilities.

Partnership

There are three types of partnerships such as ordinary partnership and limited partnership also limited liability partnership. Company partners run the business under their name. Also, they can choose another name to run the business in the UK market (Kostruba, 2021). Partners need to include all partners' names and the business names. Partners need to take all the responsibilities for their business as well as need to share all profits and losses. The ordinary partnership does not have any legal existence; also, if any partners resign and bankruptcy also dies, then the business can still continue. The ordinary partnership is simple and flexible when two more people are running the business (Filatova et al., 2021). A limited partnership is made with a mixture of ordinary partners and other limited partners. Limited partnerships need to register the companies; also, they do not have the annual return also other accounts files. When partners receive the registered company, then they inform the HMRC and make sure that limited partnerships are set.

Limited Liability

Limited liability of partnership has various entities in the UK business market, and they need to register their company. Also, in this partnership, they have a minimum of two designated members, and they take all important decisions for the company and also perform important administrative duties. A limited liability partnership is the same as an ordinary partnership, and they do have not any responsibility for their actions (Akey and Appel, 2021). In this partnership, if any partners make some mistakes, then other partners will support them, and their partnership structure is too flexible than the other company. Also, all partners are to protect each other. In the limited liability, partnership partners are not liable for the organisation's debts and other liabilities. Limited liability partnership has the hybrid entities also merge with all characteristics in the organisation with all sole proprietorship. Limited liability partnership has separate legal entities from their partners who are liable for their money depending on how much amount they invest in the business. The partnership is connected with the companies and used for profit-making business. All partners need to give the proper address for their business and include all registered members of the business. This partnership needs two designated members who perform all-important duties as well as there is no limited maximum number. Limited liability can be individual or other company which can be dormant. Also, it has some disadvantages, such as partners can face many taxation rules and regulations, and it does not have any privacy. It also eli9mi8nate the partner's personal exposure and increases the financial risk.

Recommendations for IOM Solutions

IOM represented the international organisation for migration and was created in 1951; and it is the leading intergovernmental organisation which is based on the migration, and it works with the given market and intergovernmental also non-governmental partners. It has some principles which give many advantages to the migration people (Kemoli et al., 2022). IOM promotes the migration issue in the international business field and also gives humanitarian assistance that migrants need. Refugees and internally displaced people are also included in this part. IOM promotes all issues which are related to the migration of people and works on those problems, and tries to solve those issues (Garay et al., 2021). IOM management has some wide areas where they can manage the migrant people, such as migration and development and facilitating migration also, regulation migration as well as forced migration (Unbrussels, 2022). Migrant people face much discrimination in the UK organisation, and they cannot use all their advantages and also do not work properly on the work premises. In the UK, there are some acts which protect the rights of migrant people rights. Isle of Man Act 1979, This act is to help to protect their rights as well as to give them proper motivation and also help them to properly work on their work premises (Legislation, 2022). At this time, there are no barriers in the Isle of Man and the United Kingdom. Most of the company belongs to the partner company, and they have many employees who belong to different backgrounds and multiple cultures. Inside the partnership company, IOM is more appropriate than the other business structures.

 

Conclusion

Thus, it can be concluded that organisations have four types of market structure such as sole trader and partnership and also the limited ability of partners as well as a limited company. This report identified UK based laws which are applied in the organisation and also give some benefits to other corporations. Sole traders are specific or individual businessmen who have all responsibility for their business, and a general partnership is liable for other partners' actions. Also, partnership companies do not have any liability to other partners, and they are only liable for their invested money. Limited liability partnerships have two designated partners who perform essential duties in the organisation. Also, IOM is the most important part in the organisation, and it protects the migrants’ rights.  
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HDS310 Human Rights and Advocacy Assignment Sample

Assignment Task: Policy brief

A Policy Brief should:

- Have a clear and specific purpose or focus - You choose one of the topics below and assume you are writing the brief as a human rights advocate to influence government and other stakeholders about the need for advancement of rights in your area of focus.

- Your policy brief should be practical and based on evidence. The evidence should be used to indicate that there is a gap in existing policy and/or practice, and to support the recommendations you make. A policy brief is a practical tool that has real world implications.

Assignment Instructions

Your Policy Brief will contain the following elements:

- An Executive Summary (It should include a brief description of the issue being addressed, a key message stating why the current policy or situation needs to be improved, and key recommendations)

- A Purpose (Why are you writing this brief? This section aims to convince the target audience of the importance of the issue being addressed and why it requires action. It usually will include a brief description of the issues or problems, , a short overview of the causes, and how this relates to current policy or legislation.)

- A Critical Analysis (describes the current policy or legislative environment, and identify gaps in policy, legislation, or practice, using evidence to highlight the areas that need development for this group in terms of human rights.)

- A Recommendations section (listing the policy, legislative, and/or practical actions required to improve the human rights situation in your topic area)
These 4 sections will make up the whole policy brief – there is no need for an introduction or conclusion

Assignment Topics

Choose one of the following topics:

a. Advancing the Rights of Asylum Seekers and Refugees in the Australian context with reference to Asylum Seekers and Refugees with disability

b. A Human Rights Act/Charter for Australia? (Present the arguments for and against and make recommendations according to your view)

Solution

Purpose

Importance of the issue

The purpose of this study is to analyse the current position of the asylum seekers in Australia and the legislation that the Australian Government has passed for their protection. An asylum seeker is one who has taken a flight from the home country and has taken shelter in another country in the form of a refugee. Australia has a significant history of accepting refugees and offering them shelter in the nation along with employment and payments for their sustenance. It is significant to note that most of the asylum seekers in Australia are unlawful citizens as they arrive in Australia without any valid visa (Blackmore et al., 2020). However, as per the laws of Australia, it is not a criminal offence by seeking shelter in Australia as a refugee. Earlier, refugees used to arrive in Australia with the help of boats without having valid authorisation in entering the country. Moreover, in the present scenario, all the unauthorised asylum seekers are taken to Christmas Island and interrogated about the reason behind their arrival. It is to note that if the government official found that the claims of the asylum seeker may be involved in the protection regulations of Australia then, the refugee is examined based on the non-statutory status assessment of the nation (Satinsky et al., 2019).

Action plans

The Australian Government has formed an association named Asylum Seeker Resource Centre with the help of which the asylum seekers and the refugees are getting food. As per a report, ASRC is presently offering food to around 1,000 refugees daily. The government is also trying to offer accommodations to asylum seekers and employment opportunities so that refugees can sustain their lives (Mukumbang, Ambe & Adebiyi, 2020). Both the government and non-governmental organisations in Australia are developing and adopting national coordinated obligations and procedures for offering comprehensive health care opportunities to asylum seekers and refugees.
Problems of the issue

There are several problems that asylum seekers are facing in the current circumstances. One of the biggest challenges is that of settlement. For assignment help it is important to note that as the refugees leave their homeland and come to other countries, accommodation becomes one of the biggest issues. Moreover, finding suitable employment in the host land is another challenge that asylum seekers face. Even young asylum seekers also face certain challenges due to their ages as they carry the scars of displacement and wear along with them. As a result, they are affected by psychological trauma and have issues of identity crisis (Campomori & Ambrosini, 2020). Moreover, asylum seekers are also facing huge challenges of cultural gaps and language barriers. Financial scarcity and separation from their family members due to displacement lead to the development of mental and physical trauma among the refugees. However, the government of Australia is trying to offer to counsel to the students of asylum seekers regarding a settlement. Trauma Rehabilitation Centres are also established for providing proper treatment to asylum seekers and refugees in Australia. Furthermore, there is complexity in the requirements of healthcare facilities for the asylum seekers and they live in a holistic condition without financial support, in hunger, lack of education, accommodation and healthcare amenities (Mukumbang, 2020).

Overview of The causes

There are various reasons due to why a refugee is bound to leave the homeland and flee another country. One of the persisting reasons behind their plight is the violence and atrocity of war. Even on grounds of religious violence and racial slurs are also some of the reasons why people fled their own nations and settled to seek shelter in another country. Furthermore, the seekers with disabilities generally flee their own countries as a result of violence and they seek refuge in other nations by receiving protection through certain legal actions and material abetment (Silove & Mares, 2018).

 

Figure 1: Australia Refugee Population from other countries
Source: (Aph, 2022)

Referring to the records of the United Nations it is observed that in Australia there are a total of 1.7 million asylum seekers. It is also observed that most of the asylum seekers in Australia were migrated from Syria and Afghanistan due to terrorism and 1.1 million people also fled away from Myanmar (Ziersch, Due & Walsh, 2020).

Relation with The Current Legislation

Australia has formulated a Refugee Law for protecting the rights and interests of the refugees and Asylum seekers. It is a key fundamental regulation that helps in protecting the refugees fleeing from the process of persecution. Moreover, Act 1(2) of this act is concerned with the protection of the rights of the asylum seekers and offering them food, shelter, education, healthcare and other basic amenities. Another important law is the Migration Act which is concerned with the obligation that the country must not send any refugee back from the nation and the country is responsible to save their lives from threats irrespective of their colour, creed, race and nationality (Smith-Khan, 2020). Moreover, Article 36(2) describes that the refugees and asylum seekers are also given visas to protect them from persecution. Article 91R (2) of the Migration Act relies on the fact that asylum seekers must be given significant facilities for treatment and to protect them from financial hardship that threatens the capacities of these people for subsistence. There is legislation associated with the assessment of the refugee status and providing them with a visa on the humanitarian background. The asylum seekers with disability have certain rights which the Australian Government has provided them to protect them from the hands of several harms like discrimination, racial slur and right to speech, information, education and many more.

Critical analysis

Description of the Legislation

According to the Migration Act of 1958, Australian ministers generally issue visas for refugees with disabilities. However, they can even refuse to provide if they are not satisfied after assessing the refugees through a character test. As per the Refugee Convention of 1967, Australia is concerned with non-refulgent that is none of the asylum seekers and refugees must be returned to the nation (Smith-Khan, 2020). Moreover, it is described in the Convention that it is difficult in processing and settling refugees. Under this Convention, refugees enjoy certain rights which are quite helpful for their sustenance in the hostand.

 

Figure 2: Asylum seekers in Australia
Source: (Tradingeconomics, 2022)

According to this law, it is important to note that refugees with disabilities enjoy a special position in international Law in recognising the facts that they once have lost after leaving their homeland. As per this convention, whenever an asylum seeker puts foot in a country they are able to enjoy certain rights (Briskman, 2020). Article 3 of this convention has stated that asylum seekers do not face discrimination in the host countries. As per article 17, refugees and asylum seekers are allowed to do work in the nations in which they are seeking shelter after their plight (Smith-Khan, 2020). Article 4 of the same convention has included a point that in the hostland a refugee can be able to propagate any religion without any restriction. Moreover, there are other articles as well in this convention as well that help in protecting the interests of the asylum seekers and refugees in Australia. It is observed from the Convention that Article 21 has given these refugees the right to accommodate anywhere in the country.

Gaps in the Policy

Apart from all such rights, the Convention also has certain gaps. One such gap is that the Convention has not allowed these asylum seekers to take the nationality of the host country in which they seek shelter. However, at times there is tightened control and patrolling over the borders that prevent the entry of asylum seekers into Australia (Roberts, Ong & Raftery, 2018). Hence, the nation must receive the refugees and must offer them all the basic amenities for their subsistence. It is also significant to note that there are meagre Memorandum of Understanding between the Government of Australia and the Non-Governmental Organisations in protecting the refugees and their interests. The Government is also not providing enough financial help to the refugees so that they can improve their living conditions and give better education to their wards.

Areas that require Development

The 1951 Convention of Refugee provides a narrow concern for the term refugee and asylum seekers with disabilities. Development required in one area, that is the Government must make certain amendments in the Convention and must allow the refugees to enter other states of the nation. Article 91R (1) talks about persecution which refers to discrimination and harm to the refugees and hence this Article must be amended for the betterment of disabled asylum seekers (Gleeson et al., 2020)

Recommendations

Following are the recommendations with which the condition of the asylum seekers and refugees in Australia can be improved:

- The Australian Government must bring more legislation that will help in protecting the rights and interests of disabled seekers and refugees in the country. The legislation must bring certain laws that will help the seekers in receiving better civic amenities in the hostland so that they can be able to fulfil their essential requirements (Sheikh, Koc, & Anderson, 2019). Moreover, legislation must be formulated so that the disabled seekers can get nationality of Australia so that they can be able to participate in the electorate procedure of the country, and receive various government schemes of educational and healthcare facilities.

- Moreover, there must be an interlink age between refugee protection and international migration. Hence, it is necessary for the Australian Government to provide better accommodation facilities and better employment opportunities to the asylum seekers so that they can earn a livelihood that will help them in fulfilling their basic requirements in life (Führer et al., 2020). The government must provide certain approaches that help in looking for suitable durable options for refugees in the arena of international protection (Sheikh, Koc, & Anderson, 2019). The Australian Government must also provide facts and advice to the refugees regarding the condition of the country so that if there will be any political turmoil in the country they can leave the country and seek shelter in another nation.

- A proper monitoring of the expatriates and the process of resettlement must be properly administered by the Australian Government so that the asylum seekers can be able to live out of the atrocious condition and can get relief from the traumatic condition of war, terrorism and violence. It is important to note that proper healthcare facilities must also be provided so that they can be able to shed their trauma (Due, Aldam, & Ziersch, 2020).

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