...Principles in Business Law/Business Law and Ethics (W2001/BLW203) Assignment Term 3, 2014 Student’s ID Student’s Name Lecturer’s Name Course STUDENT DECLARATION: I declare that: I understand what is meant by plagiarism. The implication of plagiarism has been explained to me by my institution. This assignment is all my own work and I have acknowledged any use of the published and unpublished works of other people. Submission Date: Student’s Signature: FOR OFFICIAL USE ONLY: Marker’s Comments Marker’s Name: Initial Marks Awarded Penalty on Late Submission Penalty for Plagiarism Final Marks Awarded /100 /100 T314 W2001/BLW203 Assignment QP Page 1 of 7 INSTRUCTIONS TO STUDENTS: 1. Complete the cover sheet (page 1), which forms the first page of your assignment submission. The assessment criteria include: (a) (b) (c) Content of Work. This includes the amount of research done to provide accurate and credible information necessary for this assignment. Creativity, Originality and Style of Work. This refers to the uniqueness and artistic element of the final assignment. Presentation of the Final Assignment. This refers to the clarity, organization and final project. 2. 3. Independent research on the relevant topic area is encouraged. Work that demonstrates an in-depth analysis of the question and that provides a coherent answer will be awarded a higher grade compared to that which simply regurgitates answers from the texts. To avoid plagiarism...
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...Maxine Law assignment Due date 23 September 2014 Content page Page 1- cover page Page 2- content page Page 3- question 1 Page 4- question 1 Page 5- question 1 Page 6- question 2 Page 7- question 3.1 Page 8-question 3.2 and 3.3 and 3.4 Page 9- question 3.5 Page 10- question 3.5 Page 11- question 3.5 Page 12- referance Question 1 A minor or referred to as a child is any natural person which is any human being under the age of 18 years, this used to be till the age of 21 but has change to the child act38 of 2005. Minor under the age of 7 have no capacity to act this means that they cannot enter into any form of agreement of contract, because a minor under the age of 7 has an inadequate level of development which allows the minor to form sound judgement of contractual obligations, a minor under the age of 7 years cannot even accept an offer of a donation, guardian must act for the child (Peter Havenga, 2010) (Anon., 2014), Mthuli is 6 years old therefor she has no capacity to act an cannot enter into any contract or agreement. A minor over the age of 7 and under the age of 18 year, is capable of the mind they have understanding but no judgement and have limited capacity to act, this means that a minor over the age of 7 and under the age of 18 year have limited capacity to enter into a contracts to because he or she may normally perform juristic act only with the assistance of a guardian with full capacity to...
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...School of Law Coursework Assignment Semester A, 2011/2012 Total words:1193 a) Alex and Charles in relation to the sale and purchase of the apartment On 8thSeptember2011, Alex placed an advertisement in the Hong Kong Daily, which is about selling his prestigious apartment. The advertisement of Alex is an offer, not an invitation to treat. In Partridge v Crittenden [1968] , the newspaper advertisement without details was held to be an invitation to treat, which is not an offer. However under the case of Carlill v Carbolic Smoke Ball Co [1983], an advertisement may be an offer if it is very clear. From the advertisement of Alex, he posted a detailed advertisement on TV, which include the price of the apartment and the contact number. Therefore the advertisement is a definite promise and it is unilateral in nature, it will be an offer, not an invitation to treat. The advertisement of Alex is an offer; therefore the suggestion of Charles on 9thSeptember 2011 is a counter offer. Hyde v Wrench [1840] stats that any qualification by the offeree when he or she purports to accept will be treated as a counter offer. A counter offer acts as a refusal of the original offer and creates a new offer that the original offeror may accept or reject. When Charles suggested a qualification to Alex, which reduced the price to HK$30 Million and rejected the offer that he has received from the advertisement. Charles was making a counter offer to Alex. The reply of Alex is...
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...INTRODUCTION: This statement actually describes the relationship between the memorandum of association and article of association of company. The article of association is subordinate to and controlled by the memorandum of association. Memorandum of the association is the dominant document and article of the association is about the internal rules and regulations of company. This statement was given by Lord Cairns in Ashbury Railway Carriage & Iron Co. Vs Riche[1]. MEANING OF THE STATEMENT: Both the memorandum of association and article of the association are public document. The memorandum of the association is like a constitution of a country; on the other hand article of the association is like a laws of a country. Memorandum of the association is a last limit, which the shareholders cannot across and they cannot control it; one the other hand the shareholders have full control over the article of association and may alter them from time to time as they think fit[2]. THE MEMORANDUM OF ASSOCIATION: The short form of the memorandum of the association is memorandum and in shorter it is simply memo. It contains the fundamental rules and the regulation regarding to the constitution and activities of a company, which governs the relationship between the company and the outside world. The memorandum of the association has to contain the six following clauses. Those are given fellow: “An official document setting out the details of a company’s existence. It must the...
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...Class & Taste Pty Ltd operates a vineyard in Hunter Valley, NSW. Miriam, Ryan and Stephen are the company’s directors and shareholders. Ryan manages the company’s day to day operations. Stephen left school early and has no tertiary qualifications and manages the workshop. Miriam is an accountant and partner is a local accountancy firm. She is a non-executive director of Fast and Furious Pty Ltd and she does not take an active role in the management of operations of the company. Until recently the business has been performing well. However six months ago a competing vineyard opened next door and since then Class & Taste profits have dropped considerably. Ryan thinks that the company should diversify to include a French restaurant and without consulting the other directors he has started looking for kitchen equipment. A friend has told him that there are equipment available at the nearby supplier and after a quick visit Ryan decides that the equipment are suitable, although the price is more than Class & Taste can afford. Ryan immediately orders the kitchen equipment. Ryan is optimistic and believes that as there is no competition for top French Restaurant nearby the company will recover quickly with increased profits from the business. Ryan calls a board meeting and tells Miriam and Stephen that opening a French restaurant within the vineyard will solve all the company’s problems. To sound convincing he told them that they will need to act quickly as there are a number of...
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...of a business name is $115 including a $17 processing fee. Application for restoration of a business name is $131 including $33 processing fee. And an application for replacement of certificate of registration is $17 including processing charges. Both applications for renewal of registration and restoration of a business name are discounted by $5 if done online. The department of Fair Trading may refuse an application to register a business name if it is seen to be the same as an existing registered business, company, corporation, or if it is thought to be distasteful or inappropriate for registration (may contain profanity), the name or words contained in the application may be confined by Ministerial Prohibition or state or government law, or if it contains foreign language characters. It is important to check with the Australian Securities and Investments Commission (ASIC) if the...
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...COMPANY LAW AUSTRALIA Question 1: Insolvency The area of law involved in this question: Insolvency trading and director’s duties, under Corporation Acts 2001. A director will engage in insolvent trading in breach of section 588G of the Corporation Acts 2001(Cth) if the company incurs a debt and: a) The company is insolvent at the time of incurring the debt or becomes insolvent by incurring the debt; b) At the time the debt is incurred, there are reasonable grounds for suspecting that the company is insolvent or will become insolvent; c) The director is aware of such grounds or a reasonable person in a like position in a company in the circumstances of the company would be so aware; and d) The director fails to prevent the company from incurring the debt. Under the Corporations Act of 2001 section 95A, a company is declared to be insolvent if it cannot pay its debt. In the financial year of 2013, the director of the company Paul knew that the company was experiencing difficulties in terms of financial performance, and would not be able to meet all its debt issues. It was his duty as a director of the company to prevent it from further trading, because he knew the company’s financial position. He should have sought both legal and financial advice from the relevant authorities, so as to assist him to determine whether the company will be liquidated, or measures will be undertaken so as to revamp it. He ignored his duties as a director i.e. prevents the...
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...1957, a condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. The supportive case is Poussard v Spiers (1876), where it was held that it was a breach of condition, because Madame Poussard (defendant) was not able to perform the conditions because she was ill and Spiers (plaintiff) were entitled to end the contract (E-lawresources.co.uk, 2015). The main distinction between condition and warranty is a breach of condition will be considered as the breach of the whole contract, thereby a breach of warranty will be claimed only for damages. In the given case, there is not a breach of condition, because the unable of the freezer to retain the law temperature cannot be considered as a breach of the whole contract. According to the section12(3) of SALE OF GOODS ACT 1957, a warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. In the case of Associated Metal Smelters Ltd V Tham Cheow Toh (1971), where the plaintiff sued for damages, the court held that they were allowed to treat the breach of conditions as a breach of warranty as sue for damages (Lawteacher.net, 2015). The given case has the similar facts, because one of the freezers, unfortunately, could not retain the required temperature, and, as...
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...HND in Business and Finance Unit Name: Aspects of Contract And Negligence Assessors: Abu Zaman Student: Sulaiman Adebakin According to the case of Carlill v Carbolic smoke ball co [1893] Q.B 256 Alice has made what can be defined as offer. An offer is an ‘an expression of a willingness to be bound by the terms of the offer should the offer be accepted’. The claimant has advertised publicly products she is selling and the conditions that need to be met in order for acceptance to be valid. This shows an objective intention to enter into a binding agreement. Sincerity was shown in the Carlill case as the defendant had deposited £1000 with the alliance bank. Therefore one could say Wendy has shown her sincere intention by stating her contact details in the advert. Bowen LJ allows us to be aware within the Carlil case that it is possible for an offer to ‘be made to the world at large’ as the claimant has done. Conversely an invitation to treat will allow room for negotiation such as in the case of Fisher v Bell [1953] 1 All ER 482, CA. Within this case the defendant was said to be offering flick knives for sale. This was a statutory offence under the Restriction of offensive weapons Act 1959. The divisional court came to this decision that no offence had been committed as there was no obligation for the shopkeeper to sell the item neither was the customer obliged to buy it. This approach was later taken in Partridge v Crittenden [1968] 2 All ER 421, HC QBD; although the appellants...
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...is in ITAA36 s6(1) state that:A company which is incorporated in Australia, or which, not being incorporated in Australia carried on business in Australia, and has either its central management and control in Australia, or its voting power controlled by the shareholder who are resident of Australia. Page 77 understanding taxation law 2010 Frank GildersBut the current definition of Australia of residency company do perform a highly compulate system and the double tax with a higher tax rate, which is discourage the over-sea investor and bring trouble to Australian itself. – the decrease the competitive ability in the international trading and business market. Analysis :There are many different kind of business cooperation in which investors can do business in Australia, including corporations, branch offices, subsidiaries, trusts, joint ventures and partnerships. For the international investors, the most common way are usually form a Australian subsidiary companies or Australian branch offices. Owing to the Australia tax law, both of them have a same standard corporate tax rate. However most foreign companies choose to operate through a locally established subsidiary company, since this has the added benefits of limited liability and separate legal status. A foreign company that intends to do business in Australia must register with the Australian Securities and Investment...
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...Business law assignment Business Law Assignment Common law and stare decisis Common law is all that law that is made by judges. It is initiated by citizens when they file cases in courts. Stare decisis is a term used in the common law to mean that decisions made in court cases should be based on previous decisions. It simply means that the decision should stand. It therefore means that in business, this is a principle that can assure a business person of the ruling of a case that is similar to the previous. Rulings in business cases are hence made predictable. Bailment It is where a person delivers his personals to someone else for safety keeping. Bailor is the one delivering property while the one receiving is the bailee. It involves delivery of goods to somebody else in trust creating a contract either express or implied. The bailee must be willing to possess the property physically but is not entitled to use it. In business transactions, the bailee has both the duty of care and responsibility to re-deliver the property. Statute of frauds This is a requirement that certain contracts like sale of goods that exceeds a certain value, land sale or a guarantee of debt be made in writing and then signed to prevent perjury and fraud. Two sophisticated business corporations may enter into a joint venture say of about 10 years. There are different negotiations that they engage in and one party promises that it will join the negotiations in time. In case the party fails to...
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...Week 2 Assignment 1. What do you think are some of the factors in the modern workplace that contribute to a theft of time? How can those factors be managed? Three huge factors that contribute to theft of time are internet, mobile phones and smoking. Majority of employees have a computer on their desk to do their job and the internet which allows them to access social sites such as facebook, twitter, instagram, etc.. Employees also can surf the internet hours at a time instead of performing their job. The employer can control sites the employees can access by placing blocks to sites such as facebook, personal e-mails, pornographic, and other sites. Another way to manage internet usage that is non-work related is to monitor the usage by suspected employees that continues to ask for overtime or complains about not having enough time during the day to finish an assignment. Mobile phone is another device that allow employees the opportunity of theft of time. Most if not all mobile phones allows the user to access facebook, twitter and the internet. I see no way of managing mobile phones, as employee rights may be violated. One way to manage it is a policy not to use your personal mobile phone at work. For family emergencies, the employee’s family can call the work place. Smokers take up to 5-10 minutes to smoke a cigarette and taking smoke breaks two to three time an hour and that adds up to 20-30 minutes of theft of time per hour. Some employers have smoke areas while...
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...Question 1: Ian brings a claim for breach of contract against Ben. Discuss whether Ian and Ben formed an enforceable contract and whether Ian is likely to succeed with his claim An enforceable contract can be described as an agreement that can be enforced by the courts. However there are certain essential elements of a valid and enforceable contract. For this purpose, it is required that one party should make an offer and the other party should accept the offer. Similarly there should be a meeting of the minds. Other requirements of a valid contract our consideration and the capacity to enter into the contract. It needs to be noted that the law of contract provides that the party making the offer can revoke the same at any time before the other party has accepted the offer (Peel, 2007). At the same time, it is also required that the offer should be accepted unequivocally by the party to whom the offer has been made. In this regard, the postal role of acceptance provides that when post has been contemplative as the means of communicating the acceptance, the contract is considered to have been completed when the party accepting the offer, places the letter containing the acceptance in the mailbox. In this way, this rule is an exception to the general rule according to which, the acceptance is treated as concluded when the party making the offer receives the acceptance. The postal role was provided in the famous case of Adams v Lindsell (1818). In the same way, this rule has also...
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...1. Assignment: Morality and Law • Examine the relationship between morality and law using several different examples. • Answer each of the seven Critical Thinking Questions on pp. 480–481 of the Criminology text. • Respond to each question, and number your response according to the question. Each response must be between 150 to 250 words. Please make sure to incorporate supporting information from text in at least a few of your answers. • Post your paper as an attachment through the Assignment link Under what circumstances, if any, might the legalization or decriminalization of drugs be beneficial to society? Do you consider alcohol a drug? Should greater control be placed on the sale of alcohol? I consider alcohol a drug when it is abused as one. I have seen people use alcohol in social settings, and they have known their limits of when to stop. I do not think alcohol was put here as a drug; I think that the effect of it on people is what made alcohol considered as a drug. There are different effects of alcohol, some are losing/ gaining weight, losing appetite, and even losing people lives. People are put into situation where they can abuse alcohol because of the fact that it is a legal drug. Even though people have to wait until they are 21 years old to buy alcohol there are all different types of ways to get around that. This is where the abuse comes in because teens are sometimes uneducated on the effects of alcohol, so they tend to drink it because they see...
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...Homework Assignment #1 One of the most important skills you will learn in this course is how to “brief” a case. Judges interpret the law to resolve a dispute between two parties in a civil trial. This interpretation is documented in an “opinion”. These opinions are indexed in volumes and online. Opinions can be complex and address a variety of issues in the plaintiff’s claims or claims. Using case “briefs” will help you to understand how the court interpreted the law and how that interpretation may apply to another situation. A brief of a case will contain the parties involved, the relevant facts of the case, the issue the court is deciding, the rule of law, and the courts conclusion and rationale. Instructions: Use the Temple’s online library to search for this citation: “88 F.Supp.2d 116” Access this database by following these steps: 1. Access TU Portal 2. From TU Portal, select TU Library link on the left 3. In TU Library, select Databases, and then All Databases A-Z 4. Open the LexisNexis Academic Database 5. Select Look up a Legal Case 6. Search for citation: 88 F.Supp.2d 11 This will allow you to access this cases opinion, read the opinion in entirety and answer the following questions. Question 1: What court is issuing this opinion? UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Question 2: Provide a brief description of a plaintiff? Who is the plaintiff in this case? JOHN D.R. LEONARD is plaintiff. He...
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