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case study for business law
business law assignment
case analysis business law
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Business Law Assignment
Table of contents
Introduction 2
Main body
• Issues 3,4
• Negligence 4,5
• Rules 6
Conclusion 6
Reference 7
Introduction
As given in the above case study, Henrietta had engaged in a firm of solicitors to obtain a command so that she can be prevent from visiting and making a nuisance and irritation by one of her male friend. So that Henrietta went to report a case against his friend in a firm to be free from her friend’s visiting and nuisance. In the law firm her case was handled by a clerk who was unqualified and used to solve other cases with his lawyer only. Due to his unqualification and irresponsibility Henrietta had to face so many embarrassing issues, which made
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In more, the Australian Contract Law and Case Law are required when the firm goes into any agreement or marked any agreement with their customers when they acknowledge the history of their customers. However, for this situation, a breach of agreement law happens, as the law office does not give a qualified legal advisor to Henrietta. They name a representative who is an unfit individual to handle her case without illuminating her about that issue due to which it leads her mental anxiety and …show more content…
This law is actualized for the insurance of the human rights. Through this segment, the Australian laws are break down, which is identified with the Australian business law and Australian contract law. For this situation, as per the agreement law, this sort of circumstance is known as “legally blinding development.” According to the investigation, Henrietta stayed away from such commitments on the grounds that the individual who handle the instance of Henrietta, he was an individual who is an assistant. So that Henrietta needs to tackle her issues with the person who is authorized by the legislations of the
When discussing the concept of contract law, there exist two bodies of legal rules that may apply to the contract. These bodies are the common law of contracts and Article 2 of the Uniform Commercial Code or the UCC. The common law of contracts is court made and is constantly changing, but the UCC is required in every state within the U.S.A. It is important to know which one to use and when, as well as what the differences between them are.
In an express recognition that every sexual harassment case is likely to be profoundly circumstance-driven, Mansfield J appropriately focused on assessing the credibility of the witness, whether the alleged event did in fact occur, and whether it occurred in the way which she alleged it occurred, with a range of evidence before him. Some of the alleged conducts were directly denied: with regard to an April 2005 allegation concerning A Hickinbotham, after assessing the ‘reasonable’ time period in which the incident should have been reported given the surrounding circumstances (e.g. Poniatowska’s position at work), the judge rejected her claim on ground of the significant delay in reporting the incident. Reasonableness was again considered in dealing with a September 2005 allegation concernin...
According to the case “I love you… forever” the conflict was between Nancy Masters and her boyfriend, Joe Jerque. It was a personal conflict between two mutually coexist friends that live together with in the same house. For this reason there was no responsibility the clinic to take the action against Joe, because he was not the employee of the clinic as well as there was no incidence within the clinic concerning their disputes. However, the clinic may encourage Nancy to report the incidence and protect herself as law permits. In addition to this, the clinic also has responsible to safeguard the environment surrounding the clinic and within the clinic too because there may be a violence. Again, clinic has to pay attention regarding Nancy because
9. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003). Legal Studies for Queensland, Volume 1, ForthEdition, Legal Eagle Publications: Queensland. 10. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003).
In the case of D’orta-Ekenaike v Victoria Legal Aid (2005) the court held that under common law advocates are immune from claims of negligence that are relative to their conduct inside of court, and those out of court which directly relate to in court proceedings. For all other conduct outside of court however, advocates are liable for duty of care. This is because if such collateral or retaliative litigation were allowed then this would adversely affect the administration of justice. Likewise, some government agencies as well as police are protected under certain circumstances from negligence claims. Examples of such instances may be observed in Sullivan v Moody (2001) and Tame v New South Wales (2002). In Sullivan v Moody (2001) the court held that medical practitioners should not be held liable for reparations brought about by a third party because their duty to patients must be fulfilled without the threat of secondary negligence claims. Similarly in Tame v New South Wales (2002) the court the held that police officers should be exempt from claims of negligence pertaining to police investigating crimes and recording relevant material, regardless of its effect on pertinent persons because it is an administrational requirement of the profession. Others protected with immunity from negligent litigation include; but are not limited to rescuers; as in Chapman v Hearse 1961 , good Samaritans; protected under section 31 of the Wrongs Act 1958 (Vic) , volunteers undertaking ‘community work’; part IX Wrongs Act 1958 (Vic) , blood donors and food donors; protected under section 135 of the Health Act 1958 (Vic) and section 31E of the Wrongs Act 1958 (Vic)
Spokane Industries has contracted Franklin Electronics for an 18 month product development contract. Franklin Electronics is new to using project management methodologies and has not been exposed to earned value management methodologies. Even though Franklin and Spokane have worked together in the past, they have mainly used fixed-price contracts with little to no stipulations. For this project, Spokane Industries is requiring Franklin Electronics to use formalized project management methodologies, earned value cost schedules, and schedules for reports and meetings. Since Franklin Electronics had no experience with earned value management, the cost accounting group was trained in the methodology in order to bid for the project.
Maree Quinlivan, ‘The Can Rank Rule: A Reappraisal of the Duty to Accept Clients’ (1998) 28 Victorian University Wellington Law Review 113.
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
The first practice management violation committed by Annalise is an issue of discrimination under Human Rights Code, pursuant to section 2.03(4) of Paralegal Rules of Conduct. Based on the fact situation, an interviewee notices a box in her application form that asks to indicate the number of children she has along with their age(s). It is because Annalise does not like to hire candidates with young children who would be always late for work and first to leave at the end of the day. Annalise, as a licensed paralegal, shall respect the requirements of human
Marketing is a system of business activates designed to plan, price, promote and distribute want-satisfying products, services and ideas to customers in order to achieve business objectives. Consumer law protects consumer’s rights in the marketplace as well as fair trading, competition and accurate information. On the other hand, ethical aspects of marketing are about making marketing decisions that are morally right. However, consumer law and ethical aspects of marketing have a lot of advantages and disadvantages in the marketplace, which impacts business 's sales and growth like it happened to: Harvey Norman, Nurofen, apple, etc.
Leonard Prescott, vice president and general manager of Weaver-Yamazaki Pharmaceutical of Japan, believed that John Higgins, his executive assistant, was losing effectiveness in representing the U.S. parent company because of an extraordinary identification with the Japanese culture.
The issue in this case is whether there is a legally binding contract between Roland and Bernie. The things that needs to be considered is whether there is an agreement between Roland and Bernie. If there is an offer and acceptance, then there is an existence of agreement. According to Section 2(a) of the Contract Act 1950, offer can be defines as when one person implies his/her willingness to another in order to acquire their consent. (Abdullah et al, 2011) The person who make the offer is known as ‘offeror’ or ‘promisor’. (Lee and Detta, 2009) An offer can be made in the method of orally, by conduct, writing or by the mixture of these forms. An offer must require an effective communication with offeree. The formation of contract when offeree accepted the proposal. (Dass, 2005)
The defendant is an Airlines Company that had 900 employees. The economic crisis followed with monetary crisis gave bad effects to the defendant. They should decrease the number of their airplanes form 9 to 2 airplanes. They also had to do the efficiency on their employees to 700. On the efficiency process, there was an agreement between the defendant and employees representation on October 30 1998. The agreement stated that they would bring Independent Public Accountant to analyze company financial condition. During the process, all side should work on their duty. The Defendant should pay employees’ wage. The agreement was not guarantee that didn’t mean the dispute process was over, but the negotiation still moved on. During the process, there was another agreement between the defendant and several employees. They agreed the finish the disputed process and the employees would get separation pay. Meanwhile, other employees, who were 153 people didn’t agree with that agreement. Because they didn’t agree each other, so the employees gave the case to the “Panitia Penyelesaian Perselisihan Perburuhan Pusat (P4P)”.
A practical example of this is demonstrated in the case of R v Lowe. Whereby the parents failed to call the doctor. when their child fell ill. The special relationship between the child and the father made the father criminally liable where he failed to act. under his duty of care.
This essay critically examines the importance and relevance of legal methods, research and writing. This view can be determined as being quite factual. This essay posits that legal methods, research and writing are skills necessary for success within the study and practice of law. The following will be shown in support of this thesis. Firstly, that legal method is critical to a better understanding of legal principles as it establishes the foundation of other legal courses as well as to the application and analysis process carried out by legal professionals. Secondly, that legal research is an essential procedure for aspiring and established lawyers. Lastly, that legal