Law Essays

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).

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.

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.

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.

Negligence is a situation where a person acts in a careless manner, actions that result in damage to another person. Also, the actions of negligence may result in hurting an individual. The proof of an individual in the case of negligence requires that one has beyond reasonable doubt that the defendant in the case was the one who was responsible for the damage that is in the contest.

Gross negligence manslaughter is one form of manslaughter. However, it differs significantly from unlawful act manslaughter. An instance of gross negligence manslaughter takes place, when the defendant, who owes a duty of care to the victim, behaves in a highly negligent manner that leads to the death of the victim  (Loveless, 2014, p. 299).

A director of any company has a duty to act in the best interest of the company and in good faith. Section 181 of the corporation's act presents the duties of a director of a corporation. The views and interests of the director have brought challenges to Australia’s policy description. Companies and corporate organizations present independent interests to the various people that are affected by it.

This journal by Archer et al (2006) provides vital information pertaining to admissible evidence in criminal-oriented cases. Forensic Psychologists serve a monumental role in the determination of the kind of evidence that could be used in cases in courts. The journal follows the research that was conducted by Archer et al (2006) amongst 152 participants in the field of forensic psychology.

According to Israel (2005), there are four main ethical issues in criminology that confront social scientists. These issues include informed consent, confidentiality, various relationships, and harms and benefits. Even though some of these issues confront criminologists, the same issues also affect anthropologists, sociologists, educational researchers, psychologists, and qualitative health researchers.

Research by Sloan (2003) reveals that approximately 20% of adults in the US smoke cigarettes. Notably, cigarette smoking is the leading cause of death that can easily be avoided. Significantly, Anti-smoking advertisements rarely pop up all over the country, habitually showing the detrimental impacts of tobacco such as graphic pictures and startling images (Sloan, 2003 p.p 65).

Generally, Mr. NO-TIME is trying to state that if the matter goes to the court, a lot of time will be wasted as some trials can take a long time to conclude and hence wasting the time of the firm in settling other cases. It will also tie the attorney for hours and days in court while other cases are pending.

The law firm has eighty staff, and plan to hold a luncheon and perhaps give gifts to the employees. He has three options; to have current employees attend only; current employees and their associates attend at a cost of $180 per head to the firm; current employees, their associates as well as some clients at a cost of $365 per head.

When Joanna decided to have the annual pay for her charity Wishkids, she wrote a note to Rita where she wanted to contract Rita to direct the play for a payment of 10% of the ticket sales. Rita expressed the desire to direct the same but cited some conditions that, it will be possible if the date for the play will not crush with her business trip to Perth. She was to give a full report on the date for the trip on Monday.

The claim of negligence involves James who is 19 years old.  James is a rising hockey star who has been selected to play in a representative team and this makes him so happy. The claim of negligence comes when James tested positive for a prohibited substance yet he has been operating in a clean body without involving himself in any sort of drug intake.

This paper presents an analysis of a case involving copyright infringement and violation of the code of ethics. It starts by examining the breaches of Codes of Ethics in relation to the collection of information, infringement of Copyright Act 1968(Cth), the remedies and defenses, and lastly, a commission of misleading and deceptive conduct under section 18(1) of the Australian Consumer Law.

It is evident that Sam breached the Australian Code of Ethics in Media practice by violating Clause 3 which states that Journalists must use fair, responsible and honest means to obtain material. Identify themselves and their employers before obtaining any interview for publication or broadcast. Never exploit a person’s vulnerability or ignorance of media practice (Sadler, 2005).

It is essential to state that social media is an important as well as an integral part of the marketing communications industry. It has increasingly become fluid, dynamic and powerful in its potential to capture people’s sentiments and often shape conversations among individuals, about brands and even beyond.

There are set requirements that a company should consider while taking any investment decision. These requirements are set in the Corporations Act 2001. Therefore, ABC Ltd should consider the requirements from the Act if it was to adopt David’s proposal. The company needs to ensure that ABC Ltd follows the Corporations Act 2001 to govern its operations.

Generally, the paper seeks to analyze the amount to be included in John Jones’ assessable income. Taxable income is the assessment subject. John Jones operates a small business and thus the most basic aspect of income derived from his business activities is a receipt thus Jones should use a cash basis.

The claim is erroneous by asserting that individuals can sue big emitters and the government in court. Generally, the treaty does not at all set binding limits to individual countries on greenhouse gas emissions. Eventually, a country can only use it at its own will or use it to supplement the jurisdictional rules.

The license for the trademark use prohibits Dress Co. from the export of its products out of state D. There is an infringement of the trademark act when the Dress Co. opens up trade by Parallel Co., which supplies its materials back to ClotheCo. Trademark infringement is a breach of the restricted rights attributed to a trademark without the trademark owner authorizing it or any licensees.

Generally speaking, Elvis Eggplant, the director of HappyHippie Pty Ltd provided false information to Manfredi, with the intention of inducing the latter to purchase a vegetarian café from his company. There was as much as 60% inflation in the historical figures made available to Manfredi by Elvis Eggplant.

The fundamental role that wrong eyewitness identifications play in the convictions of innocent people has prompted a great interest in establishing proper ways to minimize eyewitness identification errors. For over 30 years, psychological scientists have conducted a number of laboratory research and have proposed a number of reforms to the currently used procedures.

The legal issue, in this case, will be to establish whether Ronald can succeed in making Auto Angels refund his money. There is also another issue to determine whether clause 13 of the contract can protect Auto angels from any liability. There is also the issue to determine whether the promise to install a stereo was a term of the contract.

The usage of cheques is a common and convenient mode of making payments all over the world. There is no written contract between a customer and a bank when a cheque account is initiated. But some banks send a letter to the customer that confirms the terms of the account. This is especially true when the account requested in an overdraft account is operable by cheque.

The World Trade Organization (WTO) has formulated the Understanding of Rules and Procedures Governing the Settlement of Disputes (DSU) to govern dispute settlement procedures. As such, the DSU is applied uniformly (with certain exceptions) to contentions that emerge within the framework of all WTO agreements.

Australian Prudential Regulation Authority (APRA) started operation on July 1, 1998, as the national regulator of financial institutions such as superannuation, insurance companies, and deposit takers (Grant 2005). In 2001, APRA was criticized by the HIH Royal Commission for failure to take an action to prevent the fall of the insurance company.

This essay looks into the key rules and judicial precedents in Australian business and commerce, as well as their advantages and disadvantages. Judicial precedents also termed common law, have been developed by judges through decisions of courts, as well as similar tribunals that make decisions pertaining to individual cases.

There are some reasons that make a contract to be voidable such as the actions of one party or both parties in a contract to disclose some material facts, misrepresentation of fraud, a mistake, duress or undue influence, incapacity of a party to enter into a contract, terms that are unconscionable or even a breach of contract.

In order to determine the validity of a contract, all four elements of a contract must be satisfied.  These elements include offer, acceptance, consideration and intention, which must exist in every contract to make it a legally binding agreement.  It is clear that both an offer and acceptance are made in the agreement between the parties.

Law is construed as a set of rules governing the relationship and the way of contact among different people. Moreover, it also refers to a system of regulations that are enforced by business institutions to abide by enhancing consistencies in business operations. Laws have been classified and applied according to the set laws in enhancing legal bindings (Nottage, 2009).

According to Perth Now (2008), Western Australia introduced the nation’s first-ever “one punch laws”, which are aimed at impacting tough sentences for any level of assault that results in death. This law was prompted by a given number of cases whereby the accused got acquitted of manslaughter charges since it could not be ascertained that the deaths were reasonably foreseeable at the time when the assault happened.

The Judicial Compensation Clause Article III, Section 1 prohibits the reduction of the compensation of a judge during their tenure. The clause aims at protecting the judges from the intimidation of salary reduction. This offers them protection when giving unpopular judgments that may stir controversy such as the death penalty.

A contract that is not under seal, is not binding in Australia. Such a contract is rendered binding only when the promisee provides consideration for the promise, or when the party claiming the absence of consideration is estopped from such claim. The emphasis, for this requirement, is upon consideration and not estoppel or seal. 

The couple, Julian and Anna, expected to enjoy their 20th wedding anniversary to the fullest. To do this, they booked in at Bliss Island resort based on the information in a brochure about the island as well as advice from the person who ran the resort. However, they went home very upset and dissatisfied and sought legal advice on what they should do.

This case is about a mechanic by the name of Oscar who makes an offer to loyal clients and later on withdraws the offer after looking at the cost of the offer. In addition, Oscar’s garage is spread with tools and metal all over, however, inside the garage, there is a sign that reads, ‘owners liability at own risk, please do not enter’, meaning that any accident that occurs in the garage would not be the liability of the owner.

In Australia, businesses are supposed to conduct their activities in accordance with the law. The brochures for Bliss Island indicated that the facilities that were being provided were of high quality. It indicated that it offers the best reef diving than anywhere in the world.  It also highlighted that the finest food is offered.

Marcus Karkharoff had two ships that he decided to sell. On October 1st, he signed a contract with Luiggi’s shipping company for the sale of the Moskva for a price of $15 million, and the amount was transferred to Marcus' account the same day. However, all people involved did not know that Moskva had caught fire a few days earlier, suffered irreparable damage, and then sunk.

The major legislations concerning advertisements are The Competition Act and Federal Trade Commission Act. The Acts offers different laws that are applicable to claims that can be made about services and goods. Under those Acts, it is illegal for a trader/advertiser to make deceptive claims about prices, services, or goods (Moore, Maye & Collins 2011).

This case is about Candy, the proprietor of a Candy Coffee Cart who enters into an oral agreement with her old friend Blair for the supply of coffee beans and a written agreement for the lease of a brand new, state-of-the-art “GrindrLux 9001” espresso machine. Candy signed the espresso lease contract that had no end date for the lease.

The issue, in this case, would be whether there was a contract created by the postal communication between Ian and Ben. Another issue would be whether Ian’s email would override the acceptance made by post such that the acceptance would be effectively withdrawn via email. Could Ian after attempting to decline an offer bring an action for breach of contract?

In a contract, time will be of the essence where the contract expressly provides so and the parties have agreed. According to the case of Hadley v Baxendale [1854] 9 Exch. 341 damages are recoverable where at the time of making the contract both parties knew that loss would occur as a result of a delay in performance.

My well-developed abilities to gather and analyze information have been demonstrated during my tenure as a registered migration agent in a migration company. In my stint in the company, I was charged with the responsibility of representing clients at different forums, including migration and refugee review tribunals.

One of the similarities between a condition and a warrant is that they are both terms of a contract. They set out the obligations contract parties are supposed to undertake in order for the contract to be executed. Secondly, both warranties and conditions have a significant effect on the way a contract will be performed.

There should be a single test for legal causation in criminal law. The following discussion substantiates this contention. In the past, the courts had to consider several tests, while deciding the issue of causation in criminal law, and the complexity of these tests made it difficult to identify the real perpetrator in a criminal offense.  

Although the High Court held that there was no question as to the legality of implied terms due to their necessity to give contracts business efficacy, their honors noted that the implied term of mutual trust and confidence was only recognized under the UK’s statutory law which would not be blindly incorporated into Australian Common Law.

Under the law of contract, the prohibition against deceptive behavior is regulated and enacted in s18 of the Australian consumer law. The provision of the ACL is clearly set out in section 2 of the competition and consumer Act 2010. The provision of Deceptive conduct under ACL recounts the action of a person pursuant to Australian law to legislate with regards to deceitful conduct is confined to an individual who is a registered entity.

A company developed a drug for combating rheumatism and paid some scientists to investigate the side effects of this drug. Subsequent to receiving the report from these scientists, the Board of Directors decided to conceal information regarding its side effects, as this drug was expected to increase the profits of their company substantially.

Punishment is therefore the state-imposed sanctions on a person who has been found guilty of wrongdoing that is, breaking the law. Punishment involves the imposition of hardships on the person who has broken the law and also includes deprivation, meaning denying them or taking away from the person something that is of value for the wrong committed.

Corporate governance simply refers to the process by which companies or corporations are directed and controlled. It, therefore, encompasses the leadership, stewardship, authority and accountability of the people responsible for leading these organizations. In a company, the directors are responsible for leadership and control over the activities of the company.