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Australian Commercial Law | PDF

Added on - 23 Nov 2020

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Australian Commerciallaw
Table of ContentsINTRODUCTION...........................................................................................................................1QUESTION 1...................................................................................................................................1QUESTION 2...................................................................................................................................3CONCLUSION................................................................................................................................4REFERENCES................................................................................................................................6
INTRODUCTIONCommercial law which is often referred as business or corporate law is a set of rules andregulations developed by the government. This law focuses on commerce, trade, sales and also toindividuals who participate in those activities. Australian commercial law is a collection ofvarious rules and policies which governs companies. This law has a main statute as CorporationsAct 2001 which is administered by the Australian Securities and Investment Commission. In thisproject report, case scenario related to commercial law is discussed along with relevant casestudies and statute. The main aim of this report is to analyse the situation of case study and applyknowledge to justify judgements related to those cases. Australian law of agency is considered inthis project report (Corones, 2014).QUESTION 1Case scenario:According to the given case scenario, Roger a cucumber vendor hires The Great RailwayCompany and agrees on a written contract to carry cucumbers from Perth to Adelaide by trainand then from Adelaide to Melbourne via truck. Due to bad weather, GARC decided to sell theremaining good cucumbers before arriving at Melbourne. This decision taken by GARC isunilateral, due to which Roger has claimed for damages as he was still liable to pay for the feesof hiring and stall from the market.Analysis:Australian commercial law is a set of statutes and regulations which is focused on tradeand the parties involved in trade. From the above case study, it has been analysed that Roger isthe principal in this case, whose products are carried. The Great Australian Railway Company(GARC) is the agent who has entered in the contract with principal. Besides principal and agent,there is a involvement of a third party also which is hired by agent and that is Big TrucksAustralia. By analysing all the aspects of this case, it has been identified that rules andregulations of “Law of agency” will be applied. Since, this case is related with carrying thegoods from one place to another, statute which is followed is “Travel Agents Act 1986”. Thepurpose of this act is to provide licensing to travel agents and regulate their operations(Hanrahan, Ramsay and Stapledon, 2013).1
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