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Pros and Cons of Always Being Available to Employers and ClientsIn the age of information technology, where every person is connected through smartphones, computers and iPads, the employers and the customers expect that the employees can provide services at any time. In addition to it, the development of the global economy has forced the employees to work at odd timings or the standard time of other countries. It has increased the burnout and wo...
Issue of the CaseOn September 11, Mr. Brian Colin Fine provided Uber X services to Uber X riders or passenger. The question in issue in this proceeding is whether the service provided by Mr. Colin constituted supply taxi travel within for which the Uber drivers are required to be registered for GST purposes. Since this case is being heard for the first time it is a case ‘at first instance’ and the legal issues arising out o...
Role of International Criminal CourtThe research has identified that while terrorism is different from the crimes against humanity. It is found that the elements and severity of the crimes against humanity and terrorism are majorly different. However, at the same time there are many acts executed under the terrorism that can be subject to consideration under the defined crimes against humanity. The most prominent and severe element of terrori...
Debate between Municipal and International LawThe relationship between municipal and international law has been a constant subject of debates since a long time. The distinctions and autonomy between the two, along with the impact of international rules on the body of law are some of the questions which give rise to this debate (Ravi, 2017). The difficulty in addressing these issues stems from the fact that there is a difference in the backgrou...
Case Study: Amanda's Status with Monks Pty LtdThis paper discusses a few case studies through which we will understand the business laws better. We will learn the common issues and laws distinguishing between an employee and an independent contractor and what advantages and disadvantages they both have in the corporate world. This is a basic understanding for everyone in the corporate world. With regards to the concerned circumstances t...
Powers of a Company in Relation to Its OperationConstitution of a company or its replaceable rules set out the guidelines which the directors and officers of the company have to follow towards carrying on their powers in relation to the company. The constitution also sets out the terms of relationship of the company with any third party as well as the relationship between the members of the company. In this question the validity of powers provid...
Precedent in Public Prosecutor v Loo Kun LongA precedent is a principle or a rule settled in an earlier legal case. The legal case that is settled becomes binding on the Court or other tribunal or district courts when taking decisions in similar cases having similar issues and facts. The common law system of legal principles lays great value when taking decisions according to consistent rules so that similar facts can serve similar outcomes. T...
Duties/responsibilities breached and explanationIt is a case that deals with falsification of prices of securities on the stock exchange. In this case Jefferies was a public company whose shares were listed on the stock exchange, Fame detector held shares of the Jefferies Company Mr J F O'Halloran, who principally controls the business of Fame, was formerly the Chairman of Directors of Jeffries. Along with ordinary shares in the company, in 19...
Essential Elements of Valid ContractElements of valid contract: contract may be defined as a legal agreement between two parties which is enforceable by law. In other words, contract is an agreement which is legally binding on two parties. Section2 (h) of Contract Act 1950 states that if an agreement is enforceable by law then it is considered as contract (Contract Act, 1950). Section 2 (g) of Contract Act 1950 states, that if an agreem...
Issue of Allowable Deductions for Advertising Expenses and Foreign Tax OffsetThe issue is related to ascertaining the deductions that would be allowed under “section 8-1 of the ITAA 1997” with respect to the cost happened in the shifting of machine. “Section 8-1 of the ITAA 1997” “British Insulated &Helsby Cables” The charge that has taken place for shifting the machine to new location signi...
Scenario A: Liability in Agency LawCan Tina be held liable for the purchase of fuel made by Brad and would she be liable to reimburse Caltex for the same? The agency law is one of the common laws in the nations, which helps in governing the relationship between the principal and the agent of such a principal. Further, this common law helps in establishing the liability of an agent towards the acts undertaken to the third party, upon the...
Legal SystemSouth Korea (SK) is a sovereign state of East Asia which is located in the Korean Peninsula’s southern part (Kim, 2012). The foreigners are encouraged to invest both directly and indirectly in the economy of the nation. The Foreign Investment Promotion Act of 1988 promotes foreign investment in the nation and the investors are given a range of incentives for investing in the nation, for instance, financial support, tax relief...
Significance of Equitable EstoppelPromissory estoppel can be described as one of the popular types of equitable estoppel. The significance of equitable estoppel has been stressed upon by the court in Crabb v Arun DC (1976). While emphasizing on the importance of equitable estoppel, the court stated that equity comes in to mitigate the rigors of the application of strict law. It also prevents the person from insisting on the strict application of...
Types of ContractsThis is the case study which discusses about a contract which is to enter by a company with a third party. After understanding this case study one can easily understand the different types of contract and how to deal in case of such contracts. To come to a conclusion for this case one needs to understand the provisions relating to contracts entered in Australia. A contract can be anything, whether in a written or an oral for...
Case Study 1: Taxation Implications of the Sale of PropertyIssue In this case, smith and Jones is engage in the business of property development. They used the block of land for sheep grazing. Then as it became unprofitable, they subdivided and sold the land. The issue here is to determine whether the sale of the property should be accessible under section 6-5 of the Income Tax Assessment Act 1997. The laws and regulations that have been a...
Issue1.Issue The objective is to ascertain Peter’s tax residency for FY2018 in light of the information extended in the case study. A crucial role in ascertaining the individual taxpayer tax residency is played by ITAA 1936 through subsection 6(1). Further, the various statutory tests available for residency determination are outlined in TR 98/17 which would enable an individual to determine the tax residency in the context of a part...
IssueIssue Whether a contract was formed between John and Chris, or not? If a contract was formed, whether the same was breached and the possible remedies which can be cited? Whether a contract was formed between John and Peter, or not? If a contract was formed, whether the same was breached and the possible remedies which can be cited? A contract is a promise made to create legally binding relations where one party promises to do or not d...
Agreement1.In Australia, all the important features which are an essential part of the contract to show the existence of the creation of the lawfully binding contract are as follows: Agreement between the persons is the first important element to show the existence of a legally binding contract. It is the earlier stage of the contract. For the formation of every single agreement, an offer and acceptance are two basic features. An offe...
Shared Value CreationMarks and Spencer is a multinational retail company based in the royal state of England. The company came into existence in the year 1884 and has expanded to a large number of countries since then. It is operational in countries like India, Greece, Turkey and many more different countries worldwide. The competitive business world that is present nowadays is a challenge to the company to develop a proper planning to sustain...
Legal Distinction between Employee and Independent ContractorWhether Amanda is an employee or an independent contractor of Monks Pty. Ltd? When any person (employer) give work to any other person (appointed person), then, the appointed person can either be categorized as an employee or as an independent contractor. The distinction amid the two is of grave importance because an employee works under the contract of employment and an ind...
Legal Issues Arising from Louis Litt's ActionsLouis Litt facilitated a trade where you managed to use $ 750,000 to buy products whose market value was $ 250,000. These products were bought from ATS, which is a company that had links with Louis. In fact, the company paid Louis $ 300,000 for services that were not offered. Unfortunately, ATS managed to close down at the end of June 2016. Another case is on Daniel Paulsen. He has the power of at...
Questions Schedule of Payroll Information Employee Name Weekly Wages / Salary Weekly PayG Quarterly Wages/Salary Quarterly PayG Sam 220 49 2860 637 Sarah 4000 1528 52000 19864 Lauren 1440 458 18720 5954 Marty 5600 2280 72800 29640 Paul 2200 755 28600 9815 Payroll Information Employee Name Kris ...
Anthropocene and its problems1.Anthropocene refers to the proposed period starting from the commencement of the significant impact of the human on the geology and ecosystems of the earth without being limited to the anthropogenic climatic change (Lynas 2011). It has become the environmental buzzword after the Nobel laureate and the atmospheric chemist, Paul Crutzen, popularized it in the year 2000. The word picked up its velocity in the elites...
Tender RequirementsThe procurement regulations or the regulations upon procurement refers to the acquirement of products, services and the building up on behalf of the statutory authorities which may include an agency of the government. This aims to cease the deception, wastage and illegal processes of corruption. The laws of the various countries issue government tenders to a reasonable limit. With 10 percent to 20 percent of the gross domest...
Understanding the case of Spencer v Cruddas [2018] CSOH 95This is a case of personal injury which was pursued by the passenger seated behind the first defender on a motorbike. The first defender tried to overtake a Toyota MR2 motorcar which was being driven by the third defender on the Main Street, Castletown, and the third defender took a right turn. The pursuer had various injuries in the accident between the motorcar and the motorbike. The ...
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