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Breach of contract is a major issue in the law of contract. This essay will talk about the issue associated with a contract and how a contract is breached. The paper looks at the claims related to a breach of contract. Various issues associated with the terms of a contract and the failure of the parties to comply with those terms hold up the contract law.
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Media in society is very helpful in that it helps in highlighting the issues that concern society. There are different perspectives and theories that some media articles use to communicate their information. There are crime theories that require experts to compare their ideas with the emerging issues in the current world and therefore, the media is well equipped with such experts.
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It is essential to state that the Australian criminal justice department has been battling the perennial issues of dangerous offenders regarding the probability of re-offense the issue has been intensified by an increase in the number of reported sex offenses incidences against children and the female population.
Over the years, the criminal justice system of Australia has been battling with the perennial concern of what to do with dangerous sex offenders and their likelihood of reoffending (White and Perrone, 2015. This issue has been intensified by the rising publicized incidents of sexual offenses and the societal concern over safety.
The case will be argued under Contract Law where there have to be two parties where there is an offer made and there is acceptance. In this case, the reward is always money which is termed as a consideration (Latimer, 2012). Where parties decide to agree to the terms of the contract, a legal relationship is created where there has to be a free willingness to participate in the contract.
The health sector in Australia has transformed over years. As a matter of fact, policymakers, stakeholders, and decision-makers describe the magnitude of changes that healthcare systems need as being more than large-scale transformation---a process of radical and profound that orients the Australian model of government into a new direction which gives the sector entirely different level of effectiveness.
Community corrections oversee individuals who are under the custody of the criminal justice system yet are neither in jail nor in prison (VERA, 2013). A basic motivation for encouraging the adoption of community corrections is the need to minimize the dependence on the incarceration system by offering the less severe lawbreakers with an alternative to carrying out community programs.
It is essential to state that the delivery of community corrections is carried out in highly charged political environments often played out in the media hence affecting its effectiveness. There are many debates that are going on regarding the role and importance of community corrections in modern society (Graycar & Grabosky, 2002).
In Australia, income tax may result from income that employed individuals are paid, business activities as well as capital gains. In the case of Allan and Betty, the three types of income tax are evident. First, Allen and Betty are employed, and their employers are expected to deduct tax income and then remit the amounts to the relevant authorities.
Generally, Allan being popular with the elderly patients in the town is regularly given homemade cakes and scones along with his fee. One day he treats a local wine maker’s dog for a snake bite when the vet is unavailable and is given a dozen bottles of Lonarch Brae Shiraz in appreciation valued at $360.
There has been increased competitiveness that has made the business environment quite involved. Intellectual property (IP) is now at the center stage of global interactions as different companies and ideas are formed every day. IP is a very important strategic resource for both business and national competitiveness (Lubman, 2011).
Thornton, the managing director of Country Living Ltd has sought advice on the following issues. First, the duties breached by Judy under the Corporations Act 2001 (C’th) and under the general law. Second, a few of Country Living Ltd’s shareholders have threatened to initiate a statutory derivative action against the board of directors for their failure to implement the outdoor home furniture project.
During the past decade, shifts in the global economy such as increased internationalization of firms have piled pressure on tax systems across the globe, as well as in Australia, due to the increased need to increase profits. The key motivators for globalization have included higher levels of labour mobility, technological shifts, and technological shifts.
It is important to highlight that the Australian corporations Act 2001 states that a limited proprietary company must disclose certain documents for incorporation. The documents include a memorandum of association, articles of association, a statement of nominal capital, and a declaration of compliance.
My essay will argue in favor of the above-proposed legislation. To hold up my argument, I will start by identifying the major reasons leading to the proposed legislation and identify the terrorist issues that led to the statement in the Abbot laws. I will examine the terrorism offenses held in the Australian courts leading to the proposal.
The formation, organization and management of a business like Red Rooster are all governed by the business or corporation’s law. The law ensures that the businesses conform to the state and federal laws, outlines procedures for solving disputes between a business and other businesses and compliance with international regulations, guidelines and accords.
This is a case of negligence where Mary sues John for damages accusing him of causing an accident when the ambulance she was driving rammed into his car. John had put the noise-canceling earphones on. The case of negligence has to fulfill the principles associated with it and follow the steps that prove the damage was done to the plaintiff.
The business can hold Carol liable for making wrong adverts contrary to the instructions which have cost the business a loss to avert legal action. Trying to convince Zena of the wrong pricing would not only attract legal liability but also results in portraying a bad impression to customers which is detrimental to the future reputation of the business premises.
The Australian Consumer Law is a national law that covers consumer protection as well as fair trading. It forms Schedule 2 of the Competition and Consumer Act 2010. The ACL applies the same in every State and Territory of Australia. Through the ACL, consumers today are protected by their expectations in business conduct within Australia.
John is badly injured after an ambulance driven by Mary clashes with him at an intersection. Apparently, Mary has been speeding and had put on the Ambulance’s Siren to warn other vehicles to get off the road. At the time of the accident, John could not hear the ambulance as he had his noise-cancellation earphones on.
The free trade agreement between China and Australia is also likely to have some negative impacts. There would be no tariff reduction for some of the essential commodities such as sugar, rice, wool, cotton, wheat, maize, and canola. This is an indication that the agricultural sector will not be primarily influenced by the free trade agreement.
The legal issue of interest is whether Ella is in breach of section 18C of the Racial Discrimination Act 1975 (Cth). It is argued that Ellas is in breach. Indeed, section 18C (1)(a) of the Racial Discrimination Act 1975 (Cth) stipulates that an individual would be in breach of the Act when the individual conducts himself in a manner that is not private.
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The purpose of the TRM was to ensure that China complies with its obligations under the WTO. The compliance review was to be conducted annually for eight years after China’s accession. The introduction of free trade zones in China has ensured compliance with the country’s obligations under international trade.
The law provides that for a person to register a normal trademark, the mark should be the definition of trade mark according to section 17 which requires an intended sign to be used to distinguish well or services at the time of doing trade. Where the application is approved, there is 3 month period prior to registration existence that others may be against the registration.
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In this reflection, I will focus on Social disorganization theory in an attempt to understand how mental health leads to deviance within the aboriginal community in the Northern Territory. According to AIHW (2014), the Northern Territory population has almost 30 per cent of Indigenous Australians while Indigenous people in the majority of the other jurisdictions are below 5 per cent of the population.
A trademark is a sign used in business to indicate that goods or services come from a particular trader. A trademark can be in form of a phrase, a word, a letter, a name or a signature, a logo, a symbol, or a picture. A person who owns a particular trademark in Australia has the authority to stop another person from using a similar mark, Trade Marks Act 1995.
Generally, Ella’s drawing is valid for registration under the Trade Marks Act 1995 (Cth). Evidently, Section 19 (1, 2 &3) of the Trade Marks Act 1995 (Cth) holds that a trademark can be registered if the symbol or sign sought to be registered aims to distinguish the applicant’s goods, services, or both.
The drawing is within the definition of a trademark as per the Trade Marks Act 1995 (Cth). According to the Act, the drawing of Ella can be categorized as a Standard Trade Mark. Section 17 of the Act defines a Standard Trade Mark as a sign that is used or is intended to be used for the purpose of distinguishing goods or services that are dealt with by a person or a company.
A trademark is defined as a sign whose use is meant to distinguish goods or services dealt with in the course of trade from other goods or services that are provided by another person. A trademark is, therefore, a sign that a person uses to distinguish their goods or to maintain an identity for their goods that is different from what is offered by other people.
Section 41(1) of the Trade Marks Act 1995 stated that in applying for the registration of a trademark, it becomes liable for rejection when it cannot distinguish the applicant's designated goods or services ) from those of others. Ella’s drawing is not capable of registration under the Trade Marks Act 1995 (Cth) as it does not distinguish the type of services she is offering.
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The era where countries could use trade barriers as protectionist tools is long gone. Today, international trade is characterized by intensified economic cooperation and globalized trade. In the place of tariffs, countervailing and anti-dumping measures are becoming the new channels of trade protectionism.
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China called for the setting up of a panel. Respective to China’s allegations under Article 4.2 of the Agriculture Agreement, the panel, on judicial economy grounds avoided making a ruling in favor of China’s allegations under Article 4.2 of the Consent on Agriculture, as it revealed that Section 727 turned out to be conflicting with Article XI: 1 of the GATT 1994.
The Australian financial system encompasses a set of arrangements involving the borrowing and lending of money and the transfer of ownership involving financial claims (Lipscombe and Pond, 2002). The Australian financial system has various sectors including banking institutions and non-banking institutions.
The concept of crime is a type of human behavior that has begged comprehensive and deeply researched studies on the subject (Morris, 2013). Legally defined, crimes are omissions that have been forbidden by the law and attract punishment of various forms based on the type of crime that has been committed (Hagan, 2012).
Crime control faces new challenges such as terrorism control in many parts of the world (Byrne and Marx 2011). In addition, invasions by refugees from other countries due to poverty violence and food shortage have increased the incidences and variety of crime (Felson, 2009). The social and cultural problems in today’s century have become so diverse and demanding (Ransley and Mazerolle, 2008).
Inequitable results are one of the major effects of frustration. The recovery of the pre-paid amount may also be difficult in case of the death of the principal parties to the contract. The managers entering into a contract, therefore, need to understand the negative effects that frustration may have on their organization.
Companies are also expected under the corporations act that they give very clear guidance on the recommendations provided by the director. The first procedure in this expects the notices to contain an adequate representation of all the views regardless of whether it is the assenting or dissenting directors as also noted by Chong & Van der Linde, (2014).
The timeframe of the notice varies according to the type and purpose of the meeting. For instance, if the agenda of the meeting is the removal of a director, then a two-month notice ought to be given to the members. Additionally, for unlisted companies, a 21-day notice must be given to the shareholders.
The paper "Definition of Security and the Law" is a good example of an assignment on the law. The term “terrorism” comes from a Latin word that means “to unleash terror”. Ideally, the phrase “terror cimbricus” was commonly used by the ancient Romans in 105BC to explain their fright as they faced their fierce opponent.
Governments across the globe must for this reason continue supporting the creation and improvements of early deployment in UNHCR’s refugees registration practices. Imperatively, UNHCR should try to improve the security and privacy of registration records and documents by using biometric identifiers and should also try to use mobile fingerprint technology.
Melbourne is an internationally renowned region for creative artwork. Public Art Melbourne is determined to make sure that the public art scene continues thriving. The city of Melbourne seeks to create a visible art sculpture to celebrate its values, cultures, as well as the city’s future aspirations.
The financial sector is considered the biggest contributor of output approximately 11 per cent of the overall output in Australia. Australia was ranked the fifth country with leading financial systems in 2010. The total assets of banks in Australia were over $2.7 trillion. The country has four domestic banks responsible for the provision of service retail and commercial lending.
The International Criminal Court (ICC) plays an important role in trying to reduce such cases by bringing the accused criminals to justice. ICC is an intergovernmental organization as well as the international tribunal with its headquarters in the Hague, Netherlands. In addition, the jurisdiction of the court involves the prosecution of individuals.
AU is a continental union comprising 54 African states apart from Morocco which is not a member (Magliveras & Naldi, 2014). The other two countries which are Burkina Faso and Central African Republic have been suspended after they violated the set rules through coup d’état and massive ongoing civil wars respectively.
The banking business is an essential segment of the financial operations of any functional state. So far there are non-banking and banking organizations that serve the role of saving, credit and financial advisory among consumers. Often these institutions share the pattern of operation and objectives with very minute variations (Weston, 2012).
Chamberlain trial and conviction is arguably the most famous criminal case in Australia. Nine-week-old baby, Azaria, belonging to Chamberlain mysterious disappeared in the course of a family camping escapade to Uluru in 1980 September. The child’s parents stated that a dingo had taken their daughter to her court while she slept in the tent.
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Intentional repeat offenders pose a threat to society, as they are poised to live a life of crime and potentially influence others in society. Through passing relatively strict judgments on such repeat offenders would ensure their long-term separation from society and thus reduce instances of bad influence among the Aboriginal youth group.
On a Sad note, after the exoneration of Lindy by the police officers, the public and the government who were in favor of the murder were not of the intention of considering the optional claim; that is dingo being responsible. About the same, people lacked experience in connection with the system of justice.
The instance of class promotes the alienation of the political powers from the majority of the citizens and at the same utilizes the criminal justice system to instill order that organically champions. However, it remains much easier to ignore the whole issue as part of the political oppression and lack of power as much as it looks complicated to fulfill.
It was established to help the world bring an end to impunity for those who perpetrate very severe crimes that concern the international community. The court is an international organization that is independent and is not part of the system of the United Nations (UN). It is located in The Hague. The expenses of the court are funded by State Parties.