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Based on a critical analysis of Just Loafin’ Around’ bakery, it can be argued that the unfair dismissal rules do not apply to it. Croissant’s business, which consists of a chain of three bakeries, has four apprentices, six bakers, and three part-time administrative staff who do payroll and clerical work. Further, it has five casual employees.
Others include fingerprints and facial recognition systems that are used mostly at airports and immigration departments. The mode of identification is designed to enable the authorities to create identification records that are easily cross-referenced with individual details such as criminal or health records.
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A company incorporation law is an artificial person created by the law capable of creating contracts, acquiring property, suing, and being sued. The legal obligations that are imposed once a company has been incorporated apply with no derogations. Liquidation, winding up or dissolutions occur when a company is unable to effectively service its liabilities and pay its creditors.
The impact of the banking industry on the modern-day economy cannot be underrated. Like in all other economies across the globe, Australian banks play a significant part in the performance of the markets. The unique position held by banks and the degree of activities they are involved in makes it necessary to examine the banker-customer relationship in Australian Law.
Even though many defendants go on antisocial, some appear not to offend since they learn from the fault of their habits as a consequence of the verdict of the court, or for any other cause are not identified. There are a number of agencies trying to enlighten society on ways to avert crime by exerting efforts to address offending and re-offending.
Although terrorism is not a new phenomenon, considering that it has existed in different shades for centuries, it has captured the imagination of the international community in the last decade, especially since the Al-Qaida orchestrated September 2001 attacks in the United States, London subway bombings, and Madrid train station attacks.
In any firm, company, institution, and so on, advisory services are always needed for its proper running. Internally, the employees or members within the firm will need to interact well with the structures that have been erected (Madura, 48). Externally, the company still will need to interact with the environment surrounding it.
Before 1974 more than 9 million workers in Britain had no legal health and safety protection in the workplace environment. The Health and Safety at Work Act 1974 (HASAWA) provides the legal framework to stimulate, promote and encourage high standards of safety and health in the workplace. It protects the public and employees from workplace activities.
Electricity to the building had been disconnected. This rendered it dangerous for any person entering the building. As such, it would be hazardous for the employees working in this building. A few signboards, indicating danger had been placed on the sides of the staircase. This does not provide an adequate warning regarding the possible risks.
The proceeds from the sale will be divided between our client and Ryan Hume in the ratio of their contributions to the acquisition and renovation of the property. After receiving her share, our client can move to Brisbane. Because Ryan Hume is mentally ill, the court will appoint a trustee to hold his share of the proceeds in trust for him.
The basis of the case of Growers is that clause 7.4(a) of the convention obliges Steggles to tender to them the competence to grow chickens for initial processing at the Beresfield plant, and secondly in favorite to the rest of the chicken breeder. The Grower's challenge was that Steggles had breached the above obligation both in 2009.
An occupier of a building or premises does not only owe a duty of care to a visitor of that building or premises, but also to one who is not an invitee of the occupier, meaning that such an individual is a trespasser to that building or premises. This is the principle laid down in the Occupier’s Liability Act of 1984.
Finally, a party enters the factory knowing the condition is endangering his own life. This means that he or she is responsible for the death. Knowledge of the place includes being warned but adamantly getting into the factory. This is an outright failure on the side of the victim which does not guarantee him/her any compensation.
When Ian and Anne Frost as directors of Windy Willow Winery Pty Ltd decided to purchase the Wine presses and other winery equipment they were acting on behalf of the company. According to the Corporation Act replaceable rule 2 which the company follows a company is run according to the direction of its directors.
Taxation is the process of raising money for the government through the inclusion of certain amounts of fees on goods and services in a country. The money collected from taxation becomes the revenue for a given government. Redistribution of wealth through indirect is also another task of taxation. Representation of citizens, too, grows from taxpaying.
It is essential to state that contracts for services are legal agreements between two or more parties, in which one side will agree to provide services mentioned in the contract for the sake of some fee, depending on the nature of the document sign by the parties. This agreement is usually governed by common law.
The issue of criminal profiling is probably one of the most familiar issues within the domain of criminal psychology. Its recent manifestation in the media has without a doubt elevated the profile of criminal psychology as a field of study, as a result, increasing significant public attention as regards the issues surrounding it.
The availability of remedies depends on establishing the following. First, deceptive or misleading conduct had taken place. Second, the aggrieved party had relied upon such conduct or had been persuaded by this conduct to act, which had led to his suffering a loss. The potential remedies, in such cases, include injunctions and damages.
We have learned in the last four topics about the nature of law and case studies of the Australian legal system. It is clear from the study that principal and subsidiary legislation takes precedence over common law in resolving legal disputes between individuals or between a state and its citizens. If there is no legislation, then Common law (case law) is applied.
In this passage, there are multiple legal issues that arise that can lead to litigation. One situation that can lead to a successful lawsuit is when the bank puts the new recruits at the reception desk to serve the customers. These new recruits do not have customer service experience. This is why Sam ends up encouraging the old man to opt for a currency hedge fund without fully explaining the risks attached to it.
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This study will focus on the causes of the relatively large number and diversity of criminal activities in the UAE. The aim of the study is to identify the crimes and to find solutions to reduce the crimes. The study also purposes to find ways of preventing the occurrence of these crimes in the UAE.
Taxation covers and includes all that a government imposes upon an individual, and this is aimed at serving or for the service of the state. Taxes are divided into two classes: indirect taxes and direct taxes. Laws and policies that direct the process of tax, together with rules, are covered by the tax law.
In my opinion, the customer has run out of the Bank and knew there was a risk of falling regardless of whether there was water on the floor. The test used to qualify the defense is whether there was an obvious risk and whether he knew the nature and extent of the manner of occurrence (Kelly v Carroll).
Whether Joe can rescind the contract and get his money back from Harry will depend on whether there was innocent misrepresentation by Harry. The misrepresentation here can only be innocent since the seller was unaware that the piece was not authentic. Misrepresentation is deemed to have occurred where untrue statements regarding facts that are substantial are made and end up provoking another party to agree to a contract.
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International commercial arbitration is an alternative means to a court action that transnational parties can resort to in resolving conflicts arising from commercial transactions. It involves a third party, called the arbitrator or arbitrator, sitting with the parties to resolve their business differences.
The procedure manual and business process framework should also include a network monitoring system that will monitor in which the information technology administrator in the organization will use to monitor the access of computers in the company. Additionally, there should be limited access to the main server room of the organization.
In the determination of whether a duty was breached, there must be a duty of care owed, the duty was breached, and it was as a result of that breach that the loss occurred. The standard of duty of care to be owed is that it was an ordinary reasonable man would show, and in this case the owner of the premises.
In the given case, the building of the warehouse has been reported to be in a bad state (Repa, 2010). The state of despair that the building is getting into and the holes on the floors indicate that the building poses some danger to people and materials on the premises. It has also been reported that there is unlawful entry into the warehouse.
The contract is said to have occurred when two parties have an agreement that is enforceable by law. For the contract to be legally binding, there has to be offered and accepted. There are various laws pertaining to contracts depending on the sector one is in. Contract law in Australia is based on common law and supported by various statutory legislations at the national or state level.
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The data to be used will be collected through a literature review and a survey. The literature review will be conducted using existing literature, which will mainly include books and journal articles. On the other hand, the survey will be done through the issuance of questionnaires, designed with both closed- and open-ended questions.
The exchange of promise creates an enforceable agreement and the law that governs contracts ensures that they establish the facts of contract law including an offer, acceptance and consideration to consider whether an agreement is binding. However, minors may probably not enter into a contract. This is also the case with mentally ill and a person without the legal capacity in entering the contract.
The issue to be considered here is the enforceability of the contract between the mother and her child. What is the difference between a social agreement, domestic agreement and commercial agreement? For many years, the law of contract has explicitly distinguished between domestic agreements and commercial agreements.
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The resource code, also known as the “paradox of plenty,” is a social and economic phenomenon in which abundance in natural resources is equated to stunted economic growth as well as susceptibility to conflict and failure in attaining democratic ideals. The theory does not apply to mere possession of natural resources but an overwhelming dependence on them, which is usually determined by comparing oil or gas exports to exports of a state.
This paper provides a report on how the business needs to comply with some provisions of these legislations and possible sanctions that can befall the company if it does not comply with these laws. It describes and explains the major principles of international, EU, and national laws and identification of a number of controls that can be applied in the planning, and management of wastes, energy, fire, and safety.
English Law has been shaped by the attitude that exists in land. This is the attitude of the people that makes them consider land as theirs. This has been presented as the ‘mine’ attitude. The English land Law is a result of the people who declare that they own land. Since land is rich and permanent, owning it creates a feeling of prestige.
In earlier years, testamentary freedom was the chief feature of the English and Wales law of succession (Schaul-Yoder, 1985, p.206 and 207). However, since the repeal of the (Family Provisions) Act 1938 by the inheritance (provision for family and dependants) Act 1975, things have shifted significantly.
Paradiso has been noted to be one of the most encouraging developing countries in terms of economic development and implementation of proper governance and leadership. Despite this fact, the rate of growth of the economy has not been as fast and as steady as we would have liked it to be. This has thus necessitated a change.
Several rules are applicable in this case where Civil Law under Common Law is used to rule out the case. A Civil Law is described as a wrong that is committed against a person who suffers harm. The wrong committed is called a tort and is liable for compensation. In the case of Harvest Time Bakery, the employees may be said to commit...
They did not ensure that plants and systems are maintained and safe without any risk to health. Sub-section (2) provides for an extension mechanism that can be used to compensate for the dependents of the deceased. Section 2(2)(b) brings a clear picture of the incidence that happened in the bakery and how that can be used in the court of law.
Employers are required that they try as much as possible to eliminate the risks that are connected to the use, storage, handling, and transportation of items within the work environment. The employers are advised to ensure this through supervision, instruction, training, and the provision of welfare facilities in the workplace environment.
However, although there are very many measures and improvements in health and safety, fire, and environmental regulations, prevention continues to remain one of the most disturbing encounters as the authorities and employers put more emphasis on production as opposed to the safety of employees. This is evident in the case of Fresha Bakery which led to the loss of two lives.
The defendant was not liable as they took reasonable precautions by maintaining the removal of outer trays, and ensured convebeltsbelt and portable radios for communicating. The oven temperature was at 400 and the company was entitled for ignoring it. The defendant reasonably anticipated that workers would rely on a precaution statement.
Risk assessment is considered as an effective means of identifying risks and determining the most cost-effective means of mitigating, and/or reducing risk (Donald, 2010). In recent years, there has been an increase in accident reports in the workplace. An Independent risk assessment officer can be hired to assess the premises.
Health and Safety at Work etc Act 1974 (HASAWA) is an Act of the Parliament of the United Kingdom. It defines regulation and enforcement of health and safety in the workplace. It defines the duties and responsibilities of employers, employees, suppliers, independent contractors, and other stakeholders.
As only a prospective employee he is in a weaker position than someone who already has a contract. However, according to the United Kingdom government web page, a case against an employer can be taken to a tribunal “if you think they’ve treated you unfairly, or broken the law.” It does however say ‘Your employer.
The body of laws and regulations determines public conduct as it prescribes the issues and actions which threaten, harm, or endanger the safety, health, and moral welfare of the community. It primarily details the mechanism to deal with different offenses and determining the punishment for the violators of prescribed laws (Rosner, p. 535).
The defendant may respond differently to the claim through various available options. The company may file a defense statement. This would follow substantial actions taken and which proves it was a normal accident. This is because they only allowed the removal of our trays and provided the necessary equipment for safety.
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Bouncing cheques in the UK is not yet considered a criminal offense, but in UAE it is punishable by a jail term. In the next section, we shall examine how this law is applied in the UAE before we attempt to compare and contrast the different attitudes and subsequent laws these two countries have as it pertains to fraud in the transfer of money.
This is the section that stipulates the general duties of employers to their employees. This general duty include requires, as stipulated within the section that it will be the responsibility of every employer at the workplace to ensure the safety of the employees. It adds, “so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”
Both criminal laws and civil laws provide clear guidelines on the various laws and the consequences of contravening such laws. In analyzing the case study, we will give much focus to the way in which the management and organization of the bread factory’s activities were conducted and whether the standard of care taken was adequate under such situations.