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]

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.

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

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

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

Hunter, R., Barnett, A., &Kaganas, F. (2018). Introduction: Contact and domestic abuse. Journal of social welfare and family law, 40(4), 401-425. Retrieved from: https://www.tandfonline.com/doi/pdf/10.1080/09649069.2018.1519155 on 3/2/2022.

Robinson, A. L., Pinchevsky, G. M., & Guthrie, J. A. (2018). A small constellation: Risk factors informing police perceptions of domestic abuse. Policing and society, 28(2), 189-204. Retrieved from: https://www.tandfonline.com/doi/pdf/10.1080/10439463.2016.1151881 on 3/2/2022.

Alradhawi, M., Shubber, N., Sheppard, J., & Ali, Y. (2020). Effects of the COVID-19 pandemic on mental well-being amongst individuals in society-A letter to the editor on “The socio-economic implications of the coronavirus and COVID-19 pandemic: A review”. International journal of surgery (London, England), 78, 147. Retrieved from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7198428/ on 3/2/2022.

Jetelina, K. K., Knell, G., &Molsberry, R. J. (2021). Changes in intimate partner violence during the early stages of the COVID-19 pandemic in the USA. Injury prevention, 27(1), 93-97. Retrieved from: https://injuryprevention.bmj.com/content/injuryprev/27/1/93.full.pdf on 3/2/2022.

Leitão, R. (2021). Technology-Facilitated Intimate Partner Abuse: a qualitative analysis of data from online domestic abuse forums. Human–Computer Interaction, 36(3), 203-242. Retrieved from: https://ipvtechbib.randhome.io/pdf/leitao2019.pdf on 3/2/2022.
Websites

Ywcaweekwithoutviolence.org, 2021. About Week Without Violence. Retrieved from: https://ywcaweekwithoutviolence.org/ on 3/2/2022.