Law Essays

The Australian Corporate governance regime requires corporations to regularly present reports on their financial performance and position. The Australian Corporation Act governs how financial reports should be presented in Australian jurisdictions. The Act demands that the company present a true and fair view of how it is performing.

Generally speaking, in the existing social indicators, indigenous communities are rated as being the most disadvantaged in Australia (Hall and Patrinos, 2012). The indigenous people are far worse than non-indigenous people in varying aspects like education, employment, living standards, and family violence.

A contract is said to exist where there is an agreement between the parties accompanied by consideration and an intention to be bound by the agreement. Before the parties can enter into a valid agreement, they must have the legal capacity to enter into a contract. An agreement in contract law is entered into through an offer and acceptance.

The issue is whether the terms of the contract are fair to Max and Sara although they signed the contract form without reading the contract.  The contract indicated that the company retains the right to keep all membership fees irrespective of the default, loss, or breach on its part and requires all fees to be paid at the time of joining.

Larry’s article regarding Ella being poor in writing and not being very sharp can be termed as defamation. According to the uniform defamation law enacted in 2006, defamation entails publishing false accusations regarding a person or a member of their family, whether alive or dead, through which there are chances that their reputation will be harmed, and their profession or trade will be injured.

Salomon v. Salomon and Company case will go down as a cornerstone in legal liability and entity of the business description in English company laws. Although the case is too remote (1892), the impact of the ruling still holds great relevance to modern corporation Laws. In essence, the case provided an important relation in liabilities, entities and how such dispute should be solved upon insolvency of a company.

From the facts of the set of facts and the pleadings in the case of Saner v Toys ‘R’.the injured party seeks justice for various causes of action. These causes of action are; Strict Liability Product, as well as a breach of both implied warranty of a particular purpose and merchantability and a claim under negligence.

The Corporations Act 2001 (Cth) which is also termed the Corporations Act or even the ‘Corps’ Act is defined as the act of the Australians Commonwealth and it is meant to set laws that deals with corporations and business entities based in Australia at both interstate and federal (Australia. et.al 239).

 The issues to be considered are; first, whether the DNC firm, which was started by Alvarez and Zara, and which offers security services, constitutes a partnership firm. Second, whether Alvarez is liable for the crime committed by Zara while discharging his duties? Third, whether the jewelry company has any remedy against the DNC firm for the losses suffered by it, due to the theft.

Consumer Rights in Australia are governed primarily, by the laws drafted by the Federal legislation. In the context of the case, the law that holds the most important would be the Trade Practices Act, of 1974 and the Sale is not nearly sufficient. The following is an assessment of the rights that a consumer or a buyer has in case of a purchase that did not live up to the promise or the expectation that the consumer had of the purchase.

Generally, the interactive nature of the internet as a global and dispersed communication medium has facilitated various businesses due to the business contracts that arise. However, challenges to using have however emerged ranging from areas of jurisdiction, privacy, and protection of intellectual rights.

The area of the law addressed, in this case, is the law of contract, with a specific focus on ‘offer and acceptance’.  The facts of this case revolve around a new method of purchasing medicine by Boots cash Chemists. Instead of having a cashier behind the counter to obtain and sell what the customer wanted, the customers would be required to pick drugs from the shelves and then pay for them at the till.

This is the case between Queensland Water and Waste Ltd (Applicant) and Queensland Parliament (Respondent). According to the allegations, the respondent (Queensland Parliament) invalidly enacted the Pipeline Charges Act 2010 (QLD). It is also alleged that the Act invalidly imposed a fee on the owners of Pipelines in form of tax payable to the Queensland Treasury.

Modern Maritime Law is mainly focused on two streams of Law; national and international law. International law governs the relationship between nations and forms an international framework that is required to conduct international shipping. National Law which can also be referred to as domestic law is the national law for instance Australian National Law.

Generally speaking, to investigate whether the claim that Excise is a tax for the rich and hence the government should not worry about how the high rates are set, one would need to scrutinize several issues raised in the assertion. First, it is worth establishing whether Excise is indeed a tax for the rich.

Generally, the case between Dale Godwin and Eric Sully involves a commercial contract of sales. Dale is the Director and Owner of ACT Aviaries Pty Ltd and he signed a contract with Eric, the director of Parklife Pty Ltd to supply different items necessary for the installation of a butterfly enclosure.

Frank’s injuries to his head leading to paralysis and Matt’s Death would not have occurred if the council of Tortoiseshell Island had put up signs along the beaches and in the parking lots of the Island to warn visitors of the dangers that lurked in the waters of the Island namely: Sand bars and sharks.

Under the law of tort, for one to claim that the cause of action is due to an act of negligence, the plaintiff must prove beyond reasonable doubt that the defendant has a duty of care to the plaintiff and that the defendant; in one way or the other breached the duty of care, that the negligence of duty was the sole cause of the harm to the claimant, and that the plaintiff suffered or was harmed (Beever, 2009).

Charlie and/or Harley are seeking legal advice on whether they are able to take any action against Max following advice offered by Max to Charlie on the purchase of a restaurant. The argument should be based on the law of negligence. I wish to argue from two perspectives; Charlie who sought advice from Max and Harley who did not participate in seeking advice.

Duty of care is the responsibility to oneself, fellow workers, and everyone else in the workplace. Duty of care is violated if a worker decides to behave in an unreasonable manner when faced with a situation (Quality lifestyle alliance, Inc, p. 1). Duty of care can be violated either through failure to act or through an action that is contrary to the law.

Hope a former Pastry Chef wanted to purchase his own cafe on Bindi beach. In making the purchasing decision she consults Ella, a real estate agent and Veronica an accountant who advises her that Paradise retreat is a reasonable investment. Relying on the advice of the two professionals she goes ahead and makes the purchase.

Contracts are pacts that two parties enter of their own free will with the aim of developing a legal liability that can be done orally or in writing (Carvan, 2002). More often than not, parties opt to sign contracts in order to ensure each party is committed to the agreement and they are able to fulfill their part of the mandate or part of the deal.

Generally speaking, history has its own records and among them are the most prominent articles covered by the media. There have been crime and/or criminal events which always takes a chunk of space. In today’s society crime has been covered almost on a daily occurrence and taking a replica of events of the past.

Australian law covers a lot of aspects, which it addresses through its chapters. The aspects that are covered within Australian law include legal systems, business, family law, business agreements and international relations. This paper will discuss and analyze the various aspects of Australian law including the legal systems, contract laws, tort laws and business structures as they exist within the law.

Charlie and Harley do not have any legal grounds to take action against Max for the failure of their business. This is because the case involving Max and the two guys is not based on any legal terms and it cannot be ascertained that it is Max who contributed to the failure of the business through his actions as outlined in the law of tort.

The title of the articles about to be discussed is called property briefs which have been written by Ainslie Chandler and Ben Wilmot. The date of publication is 28th September 2012 and the name of the newspaper is financial review. Both articles seek to find the duties of directors and their replacement in relation to corporate governance in the companies discussed.

For the tax payable to Bob and Jenni, the following arguments should be taken into consideration. For the superannuation account contributions, an effective sacrifice of salary arrangements is always taken as the contribution from the employer. These contributions are paid to the employee superannuation fund, which will not amount to fringe benefits.

It has been noticed that the most common neighborhood crime and disorder problem in my area of jurisdiction, where I am the sergeant, is break and enter. The crime of break and enter involves dwelling premises such as private houses or commercial places such as offices and business premises (Weatherburn, 2004, p. 3).

All of the challenges are evident among the youth cohort in the Australian population which has both direct and indirect implications on the crime rates among the youths in this country. In the efforts to address these challenges, the government of Australia in collaboration with other agencies has been geared towards minimizing the effects of these challenges among the youth.

Generally, in law, there is a significant difference between a contract and an agreement. Although all contracts are said to constitute agreements, not all agreements are contracts. For an agreement to become a contract, it must possess all the essentials of a contract that would make it enforceable in law.

The medical dictionary defines stress as an organism’s total response to environmental demands and pressures. In humans, stress is caused by interactions among persons and the environment that are perceived to threaten their well-being, as their magnitude is beyond the persons’ involved coping capacity.

From a general perspective and in a continuum, the extreme legal system that countries have is either common law or civil law. Common law is a judge-made law and is dependent on the judge’s interpretation of the applicable statutes, defense & prosecution presented and the precedent set earlier to deliver justice among others.

It is essential to state that the aim of the following essay is to address the effects of multisystemic treatment on serious juvenile offenders. The paper outlines these effects by reviewing the empirical article Multisystemic treatment of serious offenders: Long-term prevention of criminality and violence.

This essay outlines ethical dilemmas in policing and strategies for developing a culture of integrity in police work. Ethical issues exist not only in policing but also in government and in politics in every part of the world. The topic of ethical dilemmas is a sensitive area in policing and it is evident that ethical dilemmas affect the efficiency of police officers while undertaking their duties.

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) came into existence in 1999 (Victoria Legal Aid, 2012, http://www.legalaid.vic.gov.au/ ). At that time the Federal government and many environmental groups made a promise that it would reform the involvement of the Commonwealth in matters of environmental concern and that it would increase the conservation of the environment.

Iran’s criminal justice system is based on Islamic law or what is commonly known as Sharia. The constitution of Iran asserts that the judiciary is independent and is under the Ministry of Justice. The Ministry of Justice oversees the whole legal system including the Supreme Court, the regional courts, local courts, and revolutionary courts.

Corporation law and partnership law though considered differing on the basis of a separate legal entity a common aspect of them is the issue of agency. An agent is usually considered to be a person who acts on behalf of the principal as well as an agent does have the power to bind the principal and third persons.

According to the Western Australia penal code, any behavior that embarrasses and disrupts the peace of the victim and the people around is being disorderly. Therefore, in this case, Jonny’s actions can be termed as being disorderly as it has been provided in WA S.74. Disorderly behavior in public is an offense that is punishable according to Western Australia law and attracts a fine of $6,000.

The report examines and proposes reforms to the “Professional Conduct and Practice Rules” as a procedural law. Procedural Law is the law regulating the manner in which cases are litigated and concluded in Courts of Law. These rules prescribe steps followed to enforce a right as opposed to substantive law that defines the rights and duties of citizens.

Drug use among females seems to be on the rise in many parts of Australia as well as other parts of the world. According to recent research on arrestees, substance use and abuse are greater among females as compared to male arrestees (Inciardi & Surratt, 2001). The studies indicate that the number of females who have been arrested for drug offenses has increased significantly over the past few years.

The movement of people and goods across countries’ borders has become a major concern to governments all over the world. The emergence of terrorists, human trafficking and illegal immigration have compelled governments to legislature laws to control the movement aimed at preventing unlawful movement of people and goods, protecting the community and maintaining the integrity of the borders.

In this case, the consideration of legal positions is established by legally recognizable documents such as written agreements, and acceptable oral undertakings such as those categorized under the will like nuncupative or reciprocal/ husband and wife will. In the strictest sense, testaments are limited to personal property, unlike the will which covers real property.

The rules have been put in place to monitor the business firms not to go overboard for self-interests but to take care of the interests of the consumers. Business rules and regulations Acts are one of the tools the governments use to bring order and sanity in the business world; through this, the governments are able to protect the consumers from being fraudulently exploited by business firms.

The Volksgeist concept is one of the concepts in law which has a great influence on the thoughts of many scholars across the world and he attracted many followers. Among the followers of Volksgeit theory is one other than Karl Marx, this paper discusses how the theory and writing of Fredrick Carl Von Savigny influenced the thoughts of Karl Marx about the law.

Generally, a contract is an enforceable agreement between two parties. Electronic contracts are contracts that are formed using electronic communications. A valid contract must have the following basic elements: an offer; acceptance of the offer; certainty; intention; and consideration (Christensen, 21).

It is quite essential to state that at least 50% of women aged between 15 and 44 years have abused drugs at least once in their lifetime. A large percentage of male drug users participate in treatment programs as compared to minority ethnic and women drugs who do not participate in considerable numbers.

Incidences such as the Sandy Hook shooting are on the rise and may continue to be because of the availability of guns in a culture that facilitates their tragic use. More significant is that males are often the ones perpetrating gun crimes. Society has socialized them to define their male identity through violence. Their upbringing has taught them to expect privilege and power.

The word ‘crime’ conjures up images of rape, drug abuse, murder, terrorism, drug trafficking, aggravated assault, armed robbery, arson, or similar acts. This kind of presentation has been perfected in the media. Criminality and crime are socially constructed and the public perception of criminality is formed from the representations of the media.

For taxation purposes, it is important to distinguish between a hobby because the law imposes certain obligations as well as extends several benefits. Although taxation legislation has defined the word “business” this is not enough to serve as a guideline in determining what actually constitutes the carrying on of a business for taxation, purposes.

The tort of negligence can only be brought by a person to whom the duty of care is owed by the defendant. For the claimant to be successful the following must be proved: The existence of a duty of care owed by the defendant to the plaintiff; Breach of the duty by the defendant; and damage or harm to the plaintiff arising from the duty to take care.