Business Law : Page - 13

Types of Dams and their ConstructionA dam is a barrier that is constructed across a river or stream so the water can be held back or impounded to supply water for drinking or irrigation, to control flooding, and to generate power. The main kinds of dams are earth fill, rock fill, concrete gravity, concrete arch, and arch gravity. The last three types are all made of concrete, reinforced concrete, or masonry. (The term masonry can mean concre...

Organic Theory of Attribution in Determining Corporate LiabilityHaving come up with an idea to start a subscription business that provides with highly entertaining podcasts an interviews, Sammy and Huw approach Gracey for exclusive supply of a weekly podcast to their new company. They sign an agreement on the 20th April 2018 stipulating that for the exclusive rights, Gracey is to be paid a fee of $4000 per month for a period of one year. ...

Breach of Legal Duty of CareUnder Tort Law, some of the relationships are there where a person owes duty if acre. In addition to these defined relationships, this duty also exists in some other relationships. It was held in the case of Caparo Industries PLC v Dickman [1990] UKHL 2 that a duty of care exists in the following situations: Where a person can foresee the risk. Where there is a relationship of proximity between the claimant...

Conditions for Tort of NegligenceThe key issue is to ascertain the liabilities that Sam would have to incur on account of the damages suffered by the potential plaintiffs based on the underlying situation. In order to determine if the tort of negligence is applicable, it is imperative that there central conditions must be fulfilled. First, it is essential that the there must a duty of care on defandant’s part towards the plaintiff to ...

The Decision to Implement the Pepsi Refresh ProjectMarketing strategies of an organization play a dominating role in determining the organization’s success in the international business market (Wei, Samiee & Lee, 2014). Building the most relevant market strategy for a particular company requires detailed study and research of the internal organizational stability of the company as well as the various theories and concepts that provid...

What is Social Policy and its GoalsA social policy refers to any rules or code of conduct that has been designed for the welfare of the people living in the society. It is for this reason that the Government imposes many rules or acts that can keep a check on these activities. Some of the social evils are the problems of drugs, alcoholism, migration, poverty, health problems, houselessness and others (Spector & Kitsuse, 2017). Some of thes...

The Purpose of PrisonsThe purpose of this essay is to enlighten the reader about the negative consequences of prison on the people living in it. The Prison is commonly known as the correctional institution that is an integral part of the Criminal Justice System of the country along with the police and courts. The prison along with the police helps the government to manage the practice of ethical activities in the environment. The prison is an ...

Improving Interpersonal Relationships in an organizationIn any environment that involves individuals working as a collective unit, interpersonal interactions become necessary which allows collaborative efforts and helps the unit to function as a team. The interpersonal relations act as one of the core aspects of an organization and essential component of team performance. However, the interaction can also lead to interpersonal conflicts caused...

Unintentional torts in business situationsTort law is an area of law which has been created to provide protection to rights of the people to stay safe, enjoy their property and reputation. The law covers various aspects which are divided into intentional and non intentional torts. The paper primarily provides a discussion in relation to the effect of tort law on business situations. Thus detailed discussion is provided with respect to unintent...

Problem statementThe aim of the report is to analyse the importance of cybersecurity in preventing crime. Cybercrime is increasing day-by-day with the rapid technological development. Hence, it has become critical to making the cybersecurity even stronger for reducing crime and encouraging safety culture in the world of internet. Hence, the study focuses on the way cybersecurity helps to prevent crime in Australia. Problem statement Australi...

Answer:  1 Issue The issue is whether Thor Mining Machinery Ltd and Volvo Trucks (Australia) Ltd can personally hold Simon liable for the contractual terms? Law The Corporations Act 2001 (Cth) provides key regulations which companies have to comply with while managing their operations in Australia. The law provides that after its registration, the company becomes a separate entity. Section 119 provides that this entity becomes the sep...

Powers and Limitations of Company ConstitutionThe constitution of a company is a legal document that is drafted either before or after the registration process is through. The constitution is a legal framework, among the roles of the constitution, the documents delegates’ duties to the company directors and other officers meant for the operational purposes and the internal management of the institution. The constitution of a business cov...

DiscussionThe continuous supervision of market trends and developments is identified as one of the most crucial roles which marketing analysts and practitioners should accomplish. As sectors like tourism and retail are highly impacted by major demographic trends and this accountability becomes highly crucial for destination as well as retail marketers (Buhalis and Amaranggana 2015). In the past few decades, there is a substantial debate on the...

Scenario 1: Negligence1).  a. Issue The main issue is whether Cathy can sue the supermarket for negligence. This would require addressing the following sub-issues. Is there a duty to care on part of supermarkets for the customers? Has there been a breach of duty to breach by the supermarket with regards to the underlying conduct? Has Cathy suffered damages that have a causal relation with the breach of duty to care? The specif...

Introduction to the CaseThis issue can be solved by discussing the relevant laws of tort of negligence, which means a careless injury that leads to damage (Kelly, Schwartz and Partlett 2015). The essential element of negligence is causing breach of duty. To make a party liable for negligence, it must be shown that the plaintiff had a duty of care towards the defendant. It needs to be proved that there was a standard of care that that a ...

The Problem of Domestic ViolenceDomestic violence occurs away from the public eye and remains hidden from us. But, unfortunately it is a common form of violence and is now recognised as a global public health issue. It is an insidious form of violence and violates human rights. The impact on health and wellbeing of the victims is enormous and the economic implications for nations and communities are immense. The socioeconomic reasons for domes...

The Role of the Society in Criminal Justice SystemThe main subject matter of the case is to discuss about the role of the society in case of criminal justice system and the required government structure regarding this. There are certain discussions made regarding the contribution of the citizens making an effective criminal justice system. Certain theories are taken to redefine the topic and the conditions of the state courts and prisons have ...

Issue1. Whether Cliff and Mary sue Susan for the damage to their house, mini-tractor, chicken coop, and pool, and for the loss of the chickens and eggs? 2. Whether Cliff and Mary sue for mental shock of being attacked by Benji and the shock of the house fire? The law of negligence is a very important piece of legislation. It is a law of tort and aims at compensating the aggrieved parties who have suffered losses because of the wrongful a...

Issues raisedCan Mary and Cliff claim from Susan for the damage fto their mini-tractor, chicken coop, house, pool, eggs and chicken? Can Mary and Cliff claim from Susan for mental shock due to attack by Benji and the shock suffered by them due to fire in their house? The Law of tort is very wide and covers a lot of laws, one of which is the law of Negligence. The law of negligence was developed in order to protect the injured, who suffers ...

Emergent LiteracyThe project will try to find out the emergent literacy of three children named Mark Sophie and John. The three are aged four, three and five respectively, and the instructor observes their behavior while they are interacting. Some sets of learning activities are provided to the group which will then be used to gauge the different level of emergent literacy among the young children. The study aims to demonstrate the ability and...

Background on Migration Act 1958 (Cth)To The Client Australia Subject: Implication of following cases regarding section 240 of Migration Act 1958 (Cth) Respected Sir/Madam This letter of advice will discuss about the grounds of section 240 of Migration Act 1958 and certain case laws are discussing to make you understand about the implication of the cases regarding the section on migration law. In Australia, migration related matters are of...

IssueThe issue in this case study is whether Susan is liable to Cliff and Mary to pay them compensation for the loss suffered by them caused due to the release of Benji? If Susan is liable, then whether she can rely on any defences of negligence? In situations where a party owed a duty of care towards another individual, then a suit for negligence can be filed in case the party failed to do something which a reasonable person would in the par...

Part 1 ATo The Registrar Dear Madam/Sir The statement of claim in relation to this case has been submitted on 1st March 2018. I did not have the capacity of serving the statement by post or personally. This is the reason why I seek to make an application for a substituted service order.  I would be grateful if you make order through which the statement of claim can be served via sending it to Dr Wallace at any other place. This is becaus...

What Jean needs to EstablishIn a bid to succeed in an action against East End Four Corners Supermarket, Jean has to prove that the slipping and falling was a result of negligence on the part of the store manager, the employees or the supermarket. The question with this regard is whether an extra caution on the part of the property owners would have avoided the accident (Gibson, 2010). In a bid to prove this, only one of the following need...

Scenario: A Australian Legal ProblemWhether Tom Burt can take any action against the Shannon’s for posting negative comments against him? Defamation is considered as the action through which person spreads bad or wrong things about another person, and such spreaders cause harm to that person. A person can be defamed by spreading false things about that person to the third person. For the purpose of defaming any person, it is not neces...