Law Essays

Section 124 of The Corporations Act of 2001 gives companies equal legal capacity with individuals including the power to make contracts and enter into an agreement (Farrar 2012, P. 43). Section 125 of the same act further states that an act done by the company, including entry into a contract, will not be invalidated on the mere basis that it is beyond the powers given by the constitution of the company.

There are four main essential elements of a contract in common law jurisdictions such as Australia. They include offer; acceptance; consideration; and Intention (Burton 2009, P. 45). An offer is a promise made by an “offeror” that is capable of becoming binding upon being accepted by the “Offeree”. It can take the form of an act or maybe the form of an oral or a written statement (Burton 2009, P. 46).

Clause 8 of the AJA Code of Ethics requires the use of fair, honest and responsible means in collecting information. Journalists need to identify themselves and their employer before an interview for broadcast. He/she should never exploit the ignorance or vulnerability of a person of media practice.

The advice would have changed if Rosso had written to the Minister for trade within the stipulated time of 14 days. If Rosso had obtained approval, which was very likely from the Minister for trade, Jade would have still terminated the contract if Rosso fail to deliver as per the specifications and terms of the contract.

The sequential lineup procedure is a method that is used to identify suspects at the police station by eyewitnesses.  This method involves producing the suspects or their photos one by one for the purposes of identification by the eyewitnesses (Steblay, 2011).  Through the use of this method, the eyewitness is supposed to make a decision when the suspect or the photos are presented.

Ronald approached Auto Angels with the intention of purchasing a BMW. Barry, a salesperson, promised Ronald a superior car stereo player if he purchased the car. The price of the car was quoted as $34,000. Ronald signed the contract and took delivery of the vehicle. Barry asked Ronald to return after a week to get the stereo installed.

The classic definition of consideration is found in the case of Currie v Misa where Lush J stated that a valuable consideration in law consists of an interest, right, profit or benefit that accrues on one party for a forbearance, loss, detriment, or responsibility given, suffered or undertaken by others. This means that valuable consideration is given when the requirement of a benefit or a detriment is disclosed.

The issue at hand is a legal offense that was committed by Mr. Steven as per the claims of Bea. Mr. Steven has a store of artifacts that are normally displaced for any potential buyer to purchase. Bea, a female customer, approached Mr. Steven with an aim of buying an artifact that she was so much interested in.

Section 17 of the Income Tax Act requires income tax to be levied on the taxable income which is taken from the year of a person’s income tax. Companies are expected to pay taxes for a year of income. Tony is employed as a pharmacist under a contract for five years since July 2012. This means that the contract lasts up to July 2017. His annual salary is $150, 000 per annum.

Sam made a reckless publication with absolute disregard for proving the truthfulness or falsity of the assertions and allegations of impropriety. The allegations or assertions made, although in the public interest, should be true and provable. Sam fails to take any reasonable steps to verify the accuracy of the information he published.

Apollo and Rocky breached their director’s duties by violating the statutory and common law duties that are vested in company directors. Under common law, company directors have various duties including; contractual duties, in that, they have a duty of care which is implied during their performance of their duties.

The Issue at hand is that Vladimir seems to have gone back on the terms of the agreement by now excluding electricity from the rent payment for the leased property. The issue is whether Sasha who has responded to the advertisement and is ready to pay the $1000 is justified in claiming that Vladimir offers the leased property at the advertisement price.

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.

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.

Jen was in need of a DJ for her grandparents’ wedding anniversary. Jen goes online and looks at the profile of Tim who is 17 years old professional DJ. She emails Tim asking for more information about her services. She asks about what Tim charges for his services. Tim forwards the details about the services he offers and charges.

Income from all trade transactions that Joan conducted is assessable. Joan will be able to claim a deduction for expenses incurred in gaining or generating the income or any expenditure that she necessarily incurred on the activity of gaining or generating the income as long as the expenditure was not capital, private or domestic in nature.

There are many legal issues that arise from this. The first legal issue is when Penelope as the principal had asked Rodney as the agent not to order expensive or luxury commodities through her credit card, and if Rodney could go against this request, it could result in a legal issue. The other legal issue is liability responsibility within a domestic relationship.

Many research studies have provided an analysis that female offenders face numerous challenges in society after getting released from bars. Apart from this, the study has been selected to have a better understanding of the correctional programs being implemented to provide advanced facilities to female inmates.

Protection of revenue becomes possible with a reduction of expenditure. With a reduction in expenditure, the government can involve itself in activities and projects that will benefit the public and ensure the implementation of various economic activities through which the government can gain additional income (Grieve, 2014, 12).   

The international community should be more vehement in pooling resources to address the problem. Since this is an international disaster, imagining what would happen if the spread would continue to other parts of the world, then more resources and efforts need to be put in to ensure that the disease is eradicated.

As seen in this discussion, there is an apparent tension between the concept of cultural relativism and the universal nature of human rights. The tension arises due to human nature, which is shaped by culture. There is radical cultural relativism which makes it difficult to reconcile human rights with universality.

Crime is any socially, legally, or morally inappropriate activity. Although it’s impossible to be eradicated completely, it’s possible to minimize it to the lowest level possible. The society that manages to do so is considered to be among the most stable ones. Since the crimes are a kind of offense, they should be dealt with accordingly.

All living creatures require water for their living.  Daily they need it for their survival on our planet, Earth.  We, human beings, require it in the purest form with ease of access.  It is known that only less than 1% of the total water available is usable as drinking water.  (http://www.lenntech.com/Water-Quantity-FAQ.htm, viewed on 117th August 2007).

The Gleeson CJ’s judgment in the case of Kennedy cleaning services Pty Ltd v Petkoska was based on personal injury in the course of employment. The courts used to give judgments based on the occurrence of injury in the past. In this case section (9) of the worker's compensation act, 1951 has been examined according to the context of whether the employee can be held responsible for the injury or not.

Salmon takes account of the special circumstances—Ms. Padavatton having left an established home and career in the United States to study for the Bar in England at her mother’s request and concludes that such a drastic upheaval in Ms. Padavatton’s life in response to her mother’s offer of support leads to a reasonable inference that a contract has been created. 

It is essential to state that the assignment focuses on patents that are granted to people who make new inventions. In this case, Julian a senior technician at Snap-Off that is a tool firm has invented a wheelchair that uses a unique pivoting mechanism that allows the chair to lay flat on the ground.

Various amendments are made to the Income Tax Assessment Act 1997 and these determine tax rates or provide clarity on various taxation issues. The Taxation Ruling TR 2010/1 seeks to provide clarity on contributions to specific funds and accounts, with the Tax Determination TD 2010/5 setting the amounts payable per kilometer for motor vehicles. 

Nathan a flight instructor at the airfield, called Sir Ross Smith airport offers to give Michelle flying lessons. Nathan did not have any intention of offering lessons to Michelle but since they were associates, he was forced to do so, on the terms and conditions that, in case of an error caused by the instructor the student will be liable for both the loss and the damage. Therefore it is Nathan who is giving an offer.

Tyson and his salesperson (Mandela) are obliged to sell and represent goods that they are reasonably fit for consumers. However, if the consumer makes it known to the supplier, supplier’s agent, or rather the manufacturer the purpose of the good, the supplier ought to represent that good in the same manner specified by the consumer.

Risk management is the process through which organizations addresses the risk appertaining to their activities methodically with the aim of being able to achieve sustainable benefits in each of the associated activity and also across the collection of all the activities (Coleman 2011, p. 24). The main focus of risk management is the identification and treatment of these risks.

The London Brigade and Rescue Planning Team have the obligation of reviewing the objectives of the group. Its function includes the formulation of new policies and improvement of the previous ones to converge with the situation. They review these objectives yearly thus ensuring that they keep their projects on point.

The Integrated Risk Management Plan 2010-2011 was developed by the fire rescue department in the United Kingdom as a way of reducing the number of daily accidents resulting from fires. The plan was part of the national framework to protect citizens from the adverse effects of fires at home or the workplace.

The role of any fire and rescue service is to provide a safer place for everyone to work, live and visit. As fire fighting has been traditionally at the forefront of any country or state, there has been a continual improvement in modern services on fire and rescue with the main functions of prevention, protection and response.

In the world today, people enter a variety of contracts every day. In business, a contract is a form of an agreement that is formalized between two or more parties, and it relates to a specific subject. Such agreements could involve the sale of real property or goods; independent contractor relations; dispute settlement; or terms of employment.

It has become openly known that long-term human development is tied to how well humans conserve their environment. On the other hand, environmental response if not well treated can be catastrophic and unforgiving. To offer a balance to environmental utilization and management, major environmental legislation utilizes two important EIA tools.

In the past few decades, cases of fire-related incidents have been a major cause of worry in the United Kingdom. The accidents have been common across the country and more specifically in the city of London. The national policy is a government policy framework that describes what is expected of the Fire and Rescue Service in mitigating and managing fire accidents.

There first place to start is to determine if there is a legally binding contract between Angelo and Christie. A leasehold agreement is by all means a contractual agreement (Treitel, 2007), and thus the ingredients of offer, acceptance and consideration are important when considering leasehold agreements.

TBC is entitled to sue DY for the balance of the goods that it had to sell at a lower price on the ground that “consignment” should be given the meaning that the parties have accorded to it in the course of their dealings with each other and that, therefore, DY breached the agreements by refusing to accept the remaining quantities of CarC.

In discussing whether Christie should pay the arrears of the rent that is claimed by Angelo, two issues can be drawn from the problem. The first issue concerns the effect of the oral agreement under the parole evidence rule and the effect of Christie's representation under the doctrine of promissory estoppel. A leasehold agreement like the one signed between Christie and Angelo is a contractual agreement.

In conclusion, CISG will be very important in deciding the matters in question. It will establish the place of business and the remedies available to the parties in the international transaction. Based on the above discussion it will be a herculean task for NTV to establish the liability of OPS and DBB.

Any dismissal following unsatisfactory work performance such as temporary absence must be forewarned before and a period for improvement and response set before the final dismissal. Any other form that falls short of this is always considered unfair and unlawful since the employee is in that case denied the conscious action toward adjustment.

The answer to whether the ferry crew owed their passengers a duty of care is contained in the good neighborliness concept identified by Lord Atkins in Donoghue v. Stevenson. Here, it was established that the manufacturer of goods or the provider of services must take care to avoid engaging in conduct, or processes that may injure the consumer of his goods or products.

As Alice’s family is far away the old suffering from her age and Alzheimer’s disease which causes her lapses of memory she relies on a social worker employed by the local council to serve her. As Alice feels indebted to Will she decides to transfer half of her piece of land to Will but she first wants to consult her family before effecting the transfer.

Generally speaking, having looked at the fact of the case it can be established there are a number of pre-contractual issues that may influence any legal action you decide to take against Fred.  The first issue would be whether the agreement with your father was intended to create legal relations or not.

Under Section 15 of the Disability Discrimination Act 1992, “it is unlawful for an employer acting or purporting to act on behalf of an employer to discriminate against a person on the ground of the person’s disability”. Based on this statute, both Bob and Stan contravened this law by creating bottle-necks during the recruitment process of workers at their hotel.

The legality of the matter is put under immense scrutiny since ambiguity can bar sound judgment. In that case, it is established that a meeting of minds is only proven whenever there is an offer made by an offeror to an offeree and that the offeree accepted the offer at hand: Garlic v Carbolic Smoke Ball Co[1893],335.

The advantages and disadvantages arising from partnership arrangements in business can be analyzed from two paradigms. The first paradigm of analysis is the theoretical academic literatures that point out the disadvantages and advantages of a partnership arrangement depending on which the partners legally settled on.

As a Financial Advisor at “Tom and Gerry Ltd”, Gerry is in a professional contract with his paying client George and is under a duty of care not to issue reckless or negligent statements to him. The essential features of a valid contract include; an offer; acceptance; consideration; the intention of the parties to create legal relations; certainty and the capacity of the parties to enter into a contract.

A company, being an abstract entity, can only engage in contracts through the actions of individuals. Section 126 of the Corporate Act provides that the power to make a contract within a company be exercised by a person acting with the implied or expressed authority for the company (Tomasic, Bottomley, & McQueen 177).

It becomes arguable that since companies are subjected to statutory requirements, therefore, human agents play a great role in fostering legal relations. As a result, companies are managed by designated officers that are assigned with duties to monitor and evaluate legal requirements to enhance their corporate governance.