Law Essays

On March 26, 2010, Mr. Peter Papadopoulos accompanied by his sister Renee Gorgio and his grandparents, Natalie and George Your arrived at the office to seek legal counsel. Peter wanted to get advice on how he should go about a new business venture. He explains that he and Renee, his sister wanted to acquire a small bakery business that is at Ash filed 124King Street.  

A contract may be defined as a promise or rather an agreement that gives rise to rights and obligations and that is legally binding to the party of a contract. However, all contracts made and agreed upon by the parties are agreements, but not all agreements made are contracts. In Australia, a contract only refers to those agreements which have the potential and intention to create a legal and binding relationship with the parties to the contract.

This is a discussion of fraudulent misrepresentation as well as misleading and deceptive conduct. The Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Australian Consumer Law) sets out various provisions regards what constitutes misleading and deceptive conduct as well as the available remedies and defenses available to parties in an action for breach of the provisions set therein. 

 In 2010, the son of Igor Kharkaroff, Marcus Kharkaroff inherited the empire from his father. Marcus loves life, and he decided to buy many cars that are expensive. In fact, he goes ahead to buy cigars and champagne to fuel his lavish lifestyle. This trend has contributed to his downturn, and he found himself bankrupt after the world economic recession hit everyone.

Generally, directors are supposed to ensure good governance as well as serve the company’s best interest rather than their personal interests. This paper presents a case analysis exploring the breaches of directors’ duties or any other potential breaches of the Corporations Act 2001 that arise in the case.

Under contract law, a contract can be rescinded under various circumstances. The recession of a contract usually leads to its termination with the parties going back to the same as they were before the contract was entered. According to the common law, a rescission can only take place if the contract was fully formed (Gibson & Fraser, 2015, p310).

This is a decision made in 2015 by the Supreme Court of the UK. It is a judgment concerning the law on homelessness as well as the meaning of the vulnerability clause as enshrined in section 189 of the Housing Act 1966 (The Act). Prior to this decision, the vulnerability was assessed in line with the Pereira Test that had been laid out by the court in 1988.

The issue is whether there is an enforceable contract between Samantha and Julie. This is after Samantha sent Julie a text message indicating that she can go ahead with the preparation of cakes and sandwiches for the school event. Julie is 16 years old and had indicated that her prices will be $ 5 per person to $ 100.

Misrepresentation of facts about the commodity can lead to legal issues subject to determination by a court of law. This paper will present a case scenario demonstrating the application of the Australian Competition and Consumer Act 2010 chapter 2 with regards to issues arising from the negotiation process prior to purchase or entering into a legally abiding contract.

This is a report detailing the development of a relationship between Sarah and John. The relationship is a scenario picked in order to communicate the message on trigger factors prior to the relationship, engagement levels, and stalking perceptions. The participants were expected to follow the theme as explained in the discussion below.

My case study was based on bullying in the workplace. Bullying in the workplace has been very costly to employers and can lead to disastrous results. Workers should be protected in their workplaces. The case study also highlighted the crimes amendment bill 2011 which sought to expand stalking and include both cyber and workplace bullying.

I personally strongly believe that each and every human being has a right to life. This precious right is subject to protection by the state, through enacted laws (Tiensuu, 2015). In fact, no individual should be deprived of this right. I am totally against states that still practice the act of death penalty.

Under the ‘Copyright Act 1968, Ella and Matthew have not breached the Canberra Tribune’s rights since they have not published an article of works wherein there exists a copyright. As pointed out by Davison et al. (2015, p.278) copyright does not protect the ideas, but instead the forms of expressing the ideas. 

The criminal case involved a fight between one defendant and the family and his neighbor (prosecutor). The prosecutor, a middle-aged man, prosecuted the defendant, a 35 years old man with the criminal offense that on February, 13th, 2017 the defendant hit his daughter and on demanding the cause of this the defendant slapped him.

William acts as a director regardless of his situation. Harry on the other hand who is the managing director of the company grants a letter to William stipulating his mandate to enter into a contract with the other parties to the agreement. However, Harry secretly hints to William that he is only to hold negotiations of the contract but not necessarily enter into an agreement.

Brent and Kate had formed a contract for Tour Canada with Rocky Tours. The tour consisted of a 20-day couch, train and river tour of Canada. Kate drowned in a Canadian river, whilst rafting, despite their having informed the tour guides that Kate was not a swimmer. Having a hard journey with rafts, Kate drowned in the river. 

In this case, a medical practitioner had his medical registration license suspended after the prescription of Mannatech products to patients suffering from a variety of conditions. Based on the analysis of the case, it is evident the enthusiasm of the practitioners to use certain products is likely to cloud their clinical decisions regarding the evidence for what is considered in the best interest of the patient.

There are several legal issues that can be deduced from the set of facts as presented with regard to the unmanageable situation in which Brad has found himself. The first issue is that Brad wants the process of filing a petition for bankruptcy is that he will later be discharged from almost all the debts he owes after he has been reinstated from the said bankruptcy.

Raj is a hardworking employee with no past cases of insubordination or lateness hanging over him. His lateness of 20 minutes due to the train delay is a valid reason for not reporting to work on time. In addition, Raj’s apology was not only opportune but conceived in good faith and clearly shows the concerns of an employee who does not intend to engage in any form of insubordination.

Money laundering refers to a process where a crime’s proceeds are transformed into supposedly legitimate money or assets. Money laundering is a huge global problem. The act allows criminals to permeate big amounts of black money into business and commerce, corrupting banks and other financial institutions’ officials.

The government enacts various administrative laws and regulations with a view to making the citizens abide by them so that the general interest of society is safeguarded. Compliance by citizens with these rules is a critical aspect of the success of all government regulations and it occurs only when actions of the public remain “consistent with legal commands” (Harrington & Carter, 2009, p.267).

In November 2012, Walmart employees go on a nationwide strike. It starts off as a series of strikes in May and June which later spread across many Wal-Mart stores across the country in November. On November 22, 2012, Wal-Mart employees went on strike in protest of retailers’ and workers' benefits (Harris 1).

As per section 104 of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act), a construction contract is an agreement with a person for carrying out construction operations among others. Section 107 of the Construction Act says that agreements must be in writing. Proviso (1) to section 107 states that it can be any other agreement between parties if it is written.

Jones entered the ferry wharf by passing through a turnstile that would permit passage only after he deposited his fare; he thus demonstrated his intent to enter into a contractual relationship with the ferry company. A large sign positioned above the turnstiles indicated that fare was payable upon entry to the wharf, even if the person entering the wharf did not in fact board the ferry.

It is essential to state that the reason for suing: The main reason for suing was that an article had falsely claimed that he had misled the Irish Parliament.  The newspaper publishers, the editor of the newspaper, author of the article claimed qualified privilege as their defense. (Ursula Smartt,2006)

A crime-free society is what any country in the world would want to achieve. Numerous countries and communities around the world are working together to fight crime and maintain public safety. Probably, one of the most effective and comprehensive systems in preventing crime, keeping peace and order, and maintaining public safety is found in the Criminal Justice System (CSJ) of England and Wales.

It is essential to state that the internet is enabling radicalization among terrorists to occur quicker, wider, and more anonymously (Christopher & Alexander, 2009, pp. 67). Christopher & Alexander (2009) further says the internet raises the possibility of unknown self-starter terrorist groups launching attacks.

The case, whose main judge was Lord Kerr, shows how sensitive these laws are, and how serious the consequences can be when an employer does not respect the time frames given for the dismissal of an employee from employment and the consequences an employee can suffer if he or she does not act on time to launch a claim for unfair dismissal from work (McMullen 2009).

An offer is very important in the formation, it is a statement of willingness from one of the parties to enter into a legally binding contract. An invitation to treat is not considered an offer for the purposes of the law of contract. This is illustrated in the case of the Pharmaceutical Society of Great Britain v Boots Cash Ltd. The defendants, in this case, had organized their pharmacy shop on a self-service basis.

In a bid to pursue profits in business, an entrepreneur is faced with the question of the form of business organization appropriate for the business idea and other situational factors. These factors may include ease and cost of creation and management, owners’ liabilities, business capital requirements, as well as tax considerations (Miller & Jentz, 2010).

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). 

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. 

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.

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 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 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.

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.   

Insolvency trading takes place when the company directors permit the company to get into debt at a time when the books of accounts portray that the company cannot pay its debts (Levenstein 2010, p.2). In the Act of Corporations section 588G, insolvent is justified when a company incurs a liability or the debt leads it to be insolvent.

Legislation or statutes refer to the acts or laws that are made by the parliament as a legislative body. The Australian legislation system may be passed to either limit or override the common law where the amounts of damages that can be awarded are limited to a certain cap as per the legislated states.

The Law of Contract is indeed one of the most pertinent laws that must be effectively comprehended for absolute knowledge in practice. Its minor composition and definite practice more often than not vary depending on the jurisdiction. Nevertheless, the elements that constitute it are usually common in most of all jurisdictions, thereby guaranteeing some better uniform practices and principles involved.

A contract refers to an agreement entered by two or more parties. This agreement is reached when one party accepts an offer or communicates the intention to buy from another party. The contract may be oral or in writing and is legally enforceable (Commonwealth of Australia 2010). The offer represents a party’s promise to be bound.

The case under study concerns two people, Hamid and Kathy. Hamid is an Afghan refugee who was recently released from prison and currently lives in Adelaide here in Australia. The other party involved in this case is Kathy, a saleslady from a newly formed internet company Speed Connect Pty Ltd. These two people gets are engaged in a business contract there are complications involved in this contract leading to a dispute.

Thornton v Shoe Lane Parking Ltd [1970] EWCA Civ 2 is a case that dealt with the operation of an exclusion clause in a contract. In this case, it was ruled that a condition made after the offer of a contract is accepted cannot be taken to be part of the contract. The case concerned an exclusion clause that deemed to exclude Shoe Lane as the owner of a Multi-story car park from any personal injury liability arising on their premises.

Mattel, Inc's case study presents various instances of legal and ethical aspects with respect to the obligations and responsibilities of the company to its employees, customers and society. Employees’ obligations involve observing their well-being in terms of safe working conditions and terms of employment.

A contract is defined as an agreement between two parties where one party makes a promise of doing something for a benefit called consideration. However, some elements must be present for a legally abiding agreement to be formed between the two parties. These elements include an offer, acceptance, intention to create a legal agreement, consideration, and the capacity to contract.

The issue is whether there was an enforceable contract formed between Office Supply and CompHelp. A contract is an agreement that is enforceable at law. In order for an enforceable contract to be held to exist between parties, there must be an offer and acceptance, consideration, capacity of the parties and the intention to be bound. (Treitel, 2003)

I hope this letter finds you well. Recently, you entered into a security agreement with uniform Pty Ltd to supply the struggling retailer with uniforms. In that period Uniform Pty Ltd had been struggling to service its debt obligations. The problem became worse when Uniform Pty Ltd was locked out of its premises by the landlord over accrued rent.

The Business is insured with Lucky Charm Ltd against fire, theft and the like to the value of $5,000,000. After five years of operation, Bob incorporated his business structure and registered a company with ASIC named “Bling Bling” Pty Ltd. In January 2016, Bob enters into a sale contract with Bling Bling Pty Ltd purchasing the business from him.

Environmental responsibility has become a leading legal issue in the world today. Private and public organizations are required to undertake their operations with minimal damage to the environment. As such, numerous legal frameworks and policies have already been developed to ensure that individuals and organizations are held accountable for their actions that could potentially damage the environment.

Negotiation is both a business phenomenon as well as a dispute resolution mechanism. Unfortunately, the legal foundations upon which negotiation is founded are often taken for granted. This is perhaps because negotiation is a common pre-contractual mechanism in addition to being a known dispute resolution process.