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Document On Business Law- Australia

   

Added on  2020-04-01

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Running head: BUSINESS LAWBusiness lawName of the StudentName of the UniversityAuthor Note
Document On Business Law- Australia_1

1BUSINESS LAWA fraud or a crime that is done by an individual to another is referred to as ‘Tort’, thoughthis term is quite common and has not legalized definition to it what so ever, it is a term that ismore of a common knowledge and used in the common laws that may or may not have beenlegalized by a said judge of a court. Since Australia and United Kingdom share a commonheritage due to UK’s colonial domination, it is seen that most laws, mostly the common oneshelp differentiate torts in Australia. The extension of the ‘Civil Liability Acts’ and the manystates of the continent have brought certain enhancements in the laws regarding the torts. Out ofthe many, some common tort crimes are (Leon, 2015):1. Fraudulent Misrepresentation2. Trespassing3. Negligence4. Breach of legal and the public duties5. Interfering in family and employment based decisions6. Economic damage including international7. Private nuisance8. DefamationEconomic Torts are the torts that are done in financial and business situations. These tortsare mostly committed deliberately or result from small mistakes like working hastily or simply,negligence, in a business situation in order to wrong a said business entity and in economic andfinancial terms. These torts, in most cases lead to a significant amount of loss. They may not betaken under crimes, but there are others that might be labeled as crimes and lead to a significantdamage to the trading (Little et al. 2014). It is stated that in such cases that the party that’saggrieved may approach legal help and demand a monetary payback or a compensation for the
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2BUSINESS LAWdamage and may request the seizure of any more of those activities if a financial damage isfaced.Negligence and misrepresentation are the most frequently committed torts in a businesssituation. Negligence is when the person on which a duty is assigned, fails to proceed with it incaution and makes a mistake. In the case of Donoghue v Stevenson’s case, it was stated that anindividual is bound by duty to act with utmost when interacting with a ‘neighbor’, the individualwho is going to directly get affected from the way that we are going to proceed with our job. It isexpected of the parties involved to have the foresight of such common actions and make priorarrangements to deal with these things.It is essential for the aggrieved to first fulfill certain conditions prior to the establishmentof any claim on an individual for committing an act of neglect. Aggrieved party must prove tothe court that the said person was bound by a contract to fulfill a responsibility of utmost careand had committed an act of breaching of his said duties. The party must also prove that theperson’s negligence caused the aggrieved to sustain a certain degree of damage. Barnett vChelsea & Kensington Hospital [1969] 1 QB 428 stated it quite clearly that any damage that iscaused to the aggrieved must also prove that any damage caused was sustained only because ofthe said breach and could have been somewhat foreseeable, as any person reasonable would haveseen if they were in the same trouble as of the other party in question, as said in the WagonMound No 1 [1969] AC 388, case, where the person at defense was liable of any loss that mighthave been a foreseeable one, then he has to take its full responsibility.It was in the Oyston v St Patricks’s College [2011] NSWSC 269, case that a the girlnamed Jazmine Oyston filed a lawsuit against her college St. Patrick’s College, situated in NewSouth Wales, condemned on charges of negligence and successfully won. She had charged such
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