Law Essays

In this case, there were major violations of the contract by Repair Depo Ltd. In terminating a contract, its cartridge Heaven must find sufficient reasons and cause for ending its relationship with Repair Depo. The grounds for termination must find a sufficiently serious problem with a critical area of the contract (Kühnel-Fitchen & Hough, 2014) 

Indeed, if Captain Cook had truly believed in terra nullius and those with whom he had held power also believed in this doctrine, then they had all the authority and the fire power necessary to hang on to this belief and with that take control of resources that were previously under the stewardship of the Aborigines.

Walter Doogood was searching for property owners who were willing to sell there with his real estate agency Doogooders Property Pty Ltd. At one particular time, he came across an elderly pensioner called Joe Bloggs. He owned and lived in his house in Ipswich, Queensland. Joe had been released from the hospital that day after extensive surgery to repair the damage he had suffered from a minor stroke four weeks before.

Late in the afternoon, my brother (Mike) decides to show his girlfriend, Lisa how crowd surfing is done. Despite her warning, Mike assures her about its safety. In the process, Mike falls and suffers a concussion, and spinal and rib injuries because the security staff takes a long to rescue him from the stampede.

The decision of Justice Toohey in Dietrich v R in 1992 set a precedence for the practice of common law in Australia about representation. Fair trial, as provided for in the Charter must include representation in an independent court. However, there are situations in which the accused may not afford legal fees.

The team doctor and the coach cannot also rely on the law to protect them since they perpetuated the use of a prohibited substance in the sporting business. The prohibited substance is not allowed for use by professional sportsmen it is a criminal offense to use such substance in professional sports.

The origins of this rule can be traced to the decision in Royal British Bank v Turquand. In its ruling, the Court permitted the outsider to presume that the officials of the company had acted in a manner that was compliant with the rules of the company. However, an important exception to this rule was established in Morris v Janssen. 

Advertising is an important aspect in the promotion of products or services through communication thereby leading to increased sales volume. Nevertheless, in certain circumstances, various advertisements have been found to be unethical and misleading. For instance, firms such as GlaxoSmithKline have been fined in countries such as the US, UK and China for engaging in unethical marketing and advertising.

Generally, as observed in the Melbourne Magistrates’ Court during a tour of the court to observe and study court proceedings and the setup, I was perplexed by the sublime sense of lighting, which permeates the court building and the architectural developments, which exhibited the French Romanesque style.

In this case study, the main aspect of a legal perspective is a misrepresentation of fact under common law. This is evident since the director of HappyHippie Pty Ltd, Mr. Elvis Eggplant knew that the financial figures were inflated by 60%. The sole purpose was to induce and convince Mr. Manfredi to purchase the vegetarian café.

Providing false information regarding the profitability of a business enterprise suffices to be one of the most common business cases in Australia. Following the advertisement placed by Mr. Spoke concerning the sale of his bicycle store and Bob's desire to work for himself, Bob found it necessary to purchase the store.

Bob Wheelie is seeking advice on dealing with a legal issue, which entails a business transaction with Mr. Spoke. Bob purchased a bicycle store from Mr. Spoke, who was retiring and needed to sell the store. For Bob, this was a perfect business opportunity, as it would enable him to do what he loved the most-biking business opportunity.

 Clara and Joseph decided to renovate their house and add a large, enclosed entertainment area. Having completed an architecture degree, Joseph decided that as the area will be enclosed, timber flooring would be the most environmentally friendly material, as well as being the most hard-wearing and aesthetically appealing.  

Generally, the paper 'Letter of Advice for Sam and Mary" is a good example of a law case study. Sam and Mary being partners in the business ought to know how to compute and account for any transaction process going on in the partnership business since they might be operating on a loss without any knowledge.

The paper “Economic Loss and the Prerequisites of Negligence” is an excellent example of a case study on the law. Josh slipped and fell while on his shopping duty. However, the manager apologizes and states that the supermarket has a policy where staff members are required to check floors each and every hour and more frequently during busy periods.

The paper "Mr. Manfredi Purchased HappyHippie - Business Law" is a great example of a law case study. There are various issues that are evident in the case, with some which are unethical and inconsiderate to business organizations, and this is observed from the irregularities presented in the scenario presented below. In conducting businesses, there are terms and conditions that the parties involved need to follow and adhere to.

The paper "The Advice for Mr Manfredi Purchased a Vegetarian Cafe" is a perfect example of a law case study. The given case involves an act of misrepresentation. Under the law of contract, misrepresentation is a vitiating factor which allows the innocent party to avoid the contract. Misrepresentation has been defined as a false statement of fact.

The paper "Celebrating at Bliss Island " is a perfect example of a law case study. Celebrations mean a lot to a couple. It is for this reason that everyone would want to travel to the best places, have the best experiences and lots of fun during such times. Julian and Anna collectively decide to celebrate their 20th wedding anniversary at Bliss Island.

The paper 'Bliss Island Law Situation " is a good example of a law case study. The brochure which Julian and Ann had is a form of the offer in accordance with the law of contract. Bliss Island offers various services and goods advertised in their brochure. In accordance with the law of contract; an offer is a proposal for entering into a contract made to a specific person.

In order to assess if there is a contract in the case of Angela and Boris, it is imperative to begin by explaining what a contract is. A contract is an agreement that is enforceable by law and which creates rights and duties between the parties involved. This can also be a promise between two parties that one or both of them has to do something.

The paper "Causes & Interventions of Child Labour In Nigeria" is a perfect example of a law case study. Nigeria is a country located in West Africa and is a federal constitutional republic that consists of 36 states. Its capital is in Abuja. The name was derived from the Niger River that runs through the country by the British colonial administrator in the late 19th century. There are three most prominent ethnic groups in this country, and they include Hausa, Igbo and Yoruba.

The FARC as an insurgent movement does have the political program made public for many years, but it is rarely presented in media reports about the war or in the debates about ways to resolve the war. FARC fails to really articulate its political platform but instead carried out dozens of major military actions and criminal offenses.

In this dispute, the concept of equitable (promissory) estoppel means that Gigi can expect to recover damages from Mr Zen should she seek a remedy through the courts. In order for estoppel to apply, a binding contract is not required. Instead, a situation must arise such that it would be unconscionable for one party (in this case, Mr Zen) to abandon his promise to the other party without offering appropriate compensation.

Patrick Dalton, Plaintiff-appellant, v. Delta Airlines, Inc., a Delaware Corporation, Duly authorized to Transact Business in the State of Florida, Defendant-appellee is an air carrier negligence case. In the case, Delta Airlines had been sued for negligence that led to the death of the greyhound racing dogs it was transporting for the defendant.

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.

If the media highlights a particular incident where the law was not applied or the administration of the law was questionable, the public will have negative perceptions about the individuals who never administered the law appropriately and may in turn feel that the law is not protecting them as it should, and vice-versa.

Nevertheless, the third party is oftentimes not aware of their existence. The burden imposed on the purchaser is to find sufficient information about the land before he or she can acquire it. The aforementioned burden distorts the mirror principle of the land registry system; thus, exposing “cracks” in the system. 

In summary of the issue, the Appellate Body did not overrule the findings from Panel that the new tax regime from Chile for alcoholic beverages was a violation of the national treatment principle which is pegged under Article III: 2. The Panel earlier found that transitional and new tax regime from Chile was inconsistent with Article III.

The defendant owed the duty of care, and the defendant breached the duty of care to them. The claimant must suffer compensation as a consequence of a breach of duty of care. If Hamid terminates the contract before two years, he will experience monetary loss as a result of fines. This is a strong point through which Hamid can argue its case. 

The basic test in this case stands for an ordinary person with the inclusion of uneducated or gullible people. It is evident from the contract which was made by Hamid and Kathy that he stands as a gullible person who is not aware of the charges that come with using the gadget. Therefore the consumer protection law protects such people.

In our present problem, since Ben and Sharon were at a mutual mistake regarding a crucial feature of the agreement, the contract can be deemed void ab initio.  According to the above discussion and the decision in Raffles v Wichelhaus, Ben can rescind the contract based on the concept of mutual mistake under the provisions of contract law.  

Ellen opens a meditation studio through the signing of a two-year lease with the landlord. Before entering in to the contract she makes enquiries from Burnside Council as to whether there were any building works scheduled to happen close to the premises she had chosen to which she is informed that there is none. 

Generally speaking, Mr. Mick is a retired mechanic but has continued doing business as a form of hobby. He has created a system of fulfilling the requirements of the customers and participated in numerous factors to market his operations. Mr. Mick is a member of numerous car organizations and associations.

The legal framework provides different mechanisms for registering a business. An example of such a business is a company. A company is seen and operates as a completely independent entity, which is guided by rules and regulations. The company is established by shareholders and gives powers to the directors to manage the business.

The controversial question within this proceeding is if the shares bought by Mr. Di Cioccio who has been proclaimed bankrupt fall under the “after-acquired property” within s 58 (1) of 1966’s Bankruptcy Act. The query is vested in the Official Trustee (the respondent) and is dividable amongst the creditors in connection to s 116.

The paper "Health and Safety Regulations in Construction" is a  remarkable example of a case study on the law. The Swansea high street, SA11LN, is supposed to undergo the redevelopment project which involves the demolition and Façade retention scheme in order to construct new offices.

The case study of conflict theory and racial profiling was based on the data analysis of the police traffic stop conducted by Alex Piquero, Matthew Petrocelli, and Michael Smith using Richmond’s data from the Police Department of Virginia. The article tested the conflict theory’s application within the department of the police traffic stop.

The High Court ruled that the contention of the Northern Territory is undisputed and demonstrated the fatal flaw asserted in the appellants’ claim before the primary judge. The court concluded that no additional evidence could have altered the position or added substance to the appellant’s legal claims.

In the meanwhile, it has to be given proper maintenance by whoever has an occupancy of it at a given time. In the case here, Australia Interactive is currently in possession. Unfortunately, it has failed in that aspect what with the dislocated hinges, the repair needed for the windows, the worn-out carpet, and the holes in the walls. 

John is a tractor dealer in a country town in South Australia. He had several new tractors in stock but due to extreme drought, the sales were low. A John Deere who had been in stock for nine months was put up on sale at $110,000. Bert, a local farmer was interested in buying the tractor and asked John for the best price. 

The management, therefore, embarked on a mission of finding a professional tree feller to clear off the trees. On realizing that hiring a tree feller would be quite costly, the company hired Iqbal to carry out this task for less pay. As Iqbal carried out his tasks of clearing off trees, a large tree allegedly fell on a shop causing great damage.  

The “Daisy’s Daisy Shoppe” is a delivery florist company located in the Melbourne Central Business District area. The company has approximately 20 couriers who deliver gifts and flowers from one place to the other through rollerblades. Couriers from the company wear green jackets with an embossed “Team Daisy” print on the back of their jackets. 

As provided for in the Copyright Act (1968), reproducing Chris’s work or using it for commercial purposes without his express permission or license would amount to copyright infringement. Their joint authorship with Al is also provided for in the law whereby, both have equal rights for copyright, attribution, and integrity.

From what were are told about Mr. Cramer, he is genuine when he tells the police that he did not know her age. He states that he would not have met her had he known that she was underage. It is also stated that he is liked by his colleagues. Being a teacher, there is a possibility that he deals with students of the same age as Ms. Bodic.  

This is a case of Angus MacDonald and his wife Flora MacDonald who were convicted of the murder of Angus MacDonald’s daughter who was from a previous marriage. The allegations in the case were that the death of Angus’s daughter who is referred to as G.M was caused by serious omissions of duty which consisted of ill-treatment, violence, and failure to provide food, clothing and medical care.

According to Adeney, Elizabeth, ‘Australia's first moral rights decision: A critical approach to Meskenas v ACP Publishing’, (2008) 19(2) Australian Intellectual Property Jornal 7, Realism still remains the fundamental and most controversial perception of the international politics; the meaning of realism has been explained by one of the most realists of modern times.

According to the stipulations of Australian Law, an individual entering the territory of Australia must have a visa that allows them to do so. Violation of this provision amounts to a lack of protection by the Australian government. It also implies that the person in question could be sued for trespass. 

The facts of Bisset v. Wilkinson had been that the plaintiff buyer bought part of the defendant’s farm which he intended to use for sheep rearing. When the buyer sought the seller’s opinion as to how many sheep the property could take, the seller gave an estimated number of 2000 sheep; a value which however turned out to be an overestimate. 

From the analysis of the case, it is clear that the firm has been engaging in explorations regardless of the loss of funds. This indicates that the directors did not convene semi-annual and quarterly meetings with the shareholders and experts to make informed decisions concerning the operations of the company.  

Restitution is a very strong indicator that in many arenas of corporate governance, all the victims that have suffered in one way or another are understood. The understanding that they receive from the law indicates that the law has set aside clauses that deal with elements of protecting them from harm as stated by Hargovan & Harris.