Business and Company Law - Assignment
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Added on 2020-09-03
Business and Company Law - Assignment
Added on 2020-09-03
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Business and Company Law
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1QUESTION 1..................................................................................................................................1Advising John and Marley are entitled to pay compensation to the club members....................1QUESTION 2..................................................................................................................................5Advising John whether structure of partnership is suitable or not..............................................5QUESTION THREE.......................................................................................................................7Partner who is liable for lease obligations, fees of the architects and Glenda's injuries.............7QUESTION FOUR..........................................................................................................................9Describing a case which considered or deemed as a partnership business along withjustifications.................................................................................................................................9QUESTION 5................................................................................................................................12Concept of limited liability........................................................................................................12CONCLUSION..............................................................................................................................15REFERENCES..............................................................................................................................16
INTRODUCTIONBusiness or commercial law is recognized as body of legislative framework that governsactivities as well as functions of firms. Such law is considered as civil’s legislation branch whichin turn deal with all kind of issues that are related to private and public law. Hence, commercialor business law is highly significant that regulates corporate contract, hiring as well asmanufacturing and selling practices. Besides this, Companies Act contains rules pertaining toformation, regulation, monitoring and controlling firms. With the motive to offer high level ofprotection to companies as well as other stakeholders Companies and Commercial laws wereintroduced by Australian authorities. On the basis of requirements, concerned authorities amendrules and thereby offer convenience to relative parties. The present report is based on different case situations which will provide deeper insightabout the breach of duty of interest, conflict of interest etc. Further, it will also shed light on theextent to which partnership agreement or structure suits to John case. Besides this, report alsohighlights cases and laws in relation to negligence and limited liability. It also depicts legislationpertaining to the liability of lease and injuries. QUESTION 1 Advising John and Marley are entitled to pay compensation to the club membersOverview: Given case presents that Jacob and Marley, tennis players, formed club namedas ‘Bond University Tennis Club’. In this, Jacob acts as president and Marley becomes secretary.Such club was joined by Malcolm, Jason, Alex and 10 other people, who have interest in tennis,with the membership fees of $100. With the motive to encourage member’s tournament wasorganized by the club. Issues: Case situation entails that, in tournament, sports drinks were supplied to theplayers with an objective to raise their energy and efficiency level. In this, due to the inclusion ofcontaminate many players of the club fall ill. From assessment, it has found that, in reality, with
the purpose of saving money sports drinks were purchased by the club entities at discountedrates. Along with this, it also assessed that both the entities had already been recalled thatbacteria found in some bottles. Hence, irrespective of knowing such aspect, sports drinks weresupplied by the entities to the members due to which they became ill. Thus, in this, issue is thatill players can take action in against to the club considering the negligence as base. Laws: By taking into account the current case situation, it can be presented Tort Law(Australia) is highly relevant. Tort Law of Australia presents tort as a civil wrong or negligence,other than breach of contract. Hence, tort is considered as legal wrong and in this, innocent partyhas right to sue on defendant for compensation. Law of negligence presents that, negligence iswhen concerned authorities failed to undertake or exercise reasonable care. Main elements ofNegligence Act (Australia) need to be considered while evaluating the activities that whetherthey fall into the category of negligence or not are as follows:Duty of care: In this, there is a need to assess whether defendant party owed a legal dutyof care in relation to plaintiff. In accordance with such aspect, Breach: Defendant party’s act is considered as wrong where breach of duty is foundintentionally (Elements of Negligence, 2017). Along with this, when defendant party failsto perform act in a certain way then it is also considered as negligence. Causation and Foreseeable: Defendant party is found to be liable when he alreadyknows that actions may cause injury to others. In other words, it can be presented thatwhen concerned authority has idea about the aspect that activities will negatively affectothers. Damages: For getting compensation, plaintiff party is required to prove harm and injuryoccurred due to the defendant’s action as well as damages must be recoverable inmonetary form (Elements Of Tort Of Negligence, 2017).Case laws: Swan v Monash Law Book Co-operative(2013): In the concerned case,psychiatric injury was suffered by plaintiff party due to her work for defendant. Hence, fromevaluation, it has assessed that allegation was made by plaintiff party in against to the defendant
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