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Business and Company Law - Doc

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Added on  2020-10-05

Business and Company Law - Doc

   Added on 2020-10-05

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Business and Company Law
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Table of ContentsINTRODUCTION...........................................................................................................................1QUESTION 1...................................................................................................................................1A) Explaining making of contract between Avinash and the cafe...............................................1B) Explaining legal entitlement of cafe on clause printed on the tickets ....................................3QUESTION 2 ..................................................................................................................................6CONCLUSION................................................................................................................................8REFERENCES................................................................................................................................9
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INTRODUCTIONBusiness laws and company laws have been framed to monitor and control variousbusiness activities of the and transactions made by a company during its business operations.These laws contains rules and regulations that are needed to be comply by each of the companydoing its business activities in the country. The present study shows a legal solution of a businessproblem. The solution is being provided on the basis of various business laws and company lawsrelating applied on the given case scenario. Various previous judgments provided in the similarcases is also being taken into account while analysing proper legal solution of the businessproblem. QUESTION 1Part AExplaining making of contract between Avinash and the cafeIntroductionAvinash is a consumer of a cafe who ordered a regular coffee and pastry. A hard piece ofmetal stuck into the Pastry that resulted in broken of tooth of Avinash. Further, Avinashapproached management for complaining about the metal. Management refused to be liable byshowing the reverse side of ticket containing a clause that “This café accepts no responsibility orliability for any injury caused to customers by consumption of food or drink sold.”Business law: Corporation Act 2001 concerns with the business law of Australia. It provides variousguidelines and rules that are needed to be followed by a business organisation while performingits business activities.Contract law: Contract law in the Australia concerns with creation of obligation of each party to theagreement for the purpose of determining legal rights and obligations of each party to theagreement so as to eliminate the frauds and inadequacy by any individual while performing theirpart if performance 1. Essential elements of a contract for developing a valid contract can be analysed asunder:Offer: 11
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The basic requirement of making a contract is an offer made by a party for asking anotherparty to do or stopping to do any performance.Acceptance: No contract can be formed without acceptance of the offer. Party to whom offer is beingmade needs to accept the offer without making any alteration in the agreement terms. Agreement: When the offer is accepted, an agreement is formed between the parties. Contract: An agreement that fulfills all the legal requirements of a contract, such as legalrelationship, agreement between major persons, specific consideration, etc. 2 would be termed asa contract that have a legal boundation over each party to the contract. Essential requirement of contract:For the purpose of creation of a valid contract, the contract must fulfill each of theessential requirement. Some of the major essential requirement of the contract are :▪Both the parties must have intention to create a legal relationship between them. ▪There must be a deed of agreement or a specific and valid value as considerationfor each party against their performance.▪Each term contained in the agreement must be valid and reasonable as well.▪Each party must fulfill the requirement of capacity to contract.▪Further, proper communication of both offer and acceptance must be present.Legal position of all parties: After development of a valid contract each party to the contract are bound to performtheir activities as per the terms of the contract. Negligence by party: In a contract, negligence arises when any party to the contract breaches their duty of careagainst another party 3. As per the clause of negligence of duty, if any person claims satisfied the2Kiefel, S., 2016. Good faith in contractual performance: A background paper for the Judicial Colloquium.Brief.43(5). p.26.3Spengler, J. O., and et.al., 2016.Introduction to sport law with case studies in sport law.Human Kinetics.2
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