Case Study on Business and Legal Environment 2022

Running head: BUSINESS AND LEGAL ENVIRONMENT 1
BUSINESS AND LEGAL ENVIRONMENT
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BUSINESS AND LEGAL ENVIRONMENT 2
Table of Contents
1. Case Study One- Laws of Torts- Negligence...........................................................3
1.1. Legal actions for Tort of Negligence:.................................................................3
1.2. Application of Defense:......................................................................................3
2. Case Study Two- Business Structure.......................................................................4
2.1. Structure and advice for a Business..................................................................4
2.2. Registration Process of a Business Structure...................................................4
3. Case Study Three- Law of Contracts.......................................................................5
3.1. Contractual Relationship Between Contractor...................................................5
3.2. Sort of Remedies for Breach Contract...............................................................5
4. Case Study Four- Consumer Law............................................................................6
4.1. Rights of Australian Consumer Law..................................................................6
4.2. Guarantees of Consumer Laws and Suggestions.............................................6
5. Case Study Five- Employment Law.........................................................................7
5.1. Classification of Employee of Professional Posts..............................................7
5.2. Factors to become an Employee or Independent Contractor............................7
6. Case Study Six- Workplace Health and Safety........................................................8
6.1. Regulations of Workplace Health and Safety:...................................................8
6.2. Advice to Avoid Potential Hazards.....................................................................8
References...................................................................................................................9

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1. Case Study One- Laws of Torts- Negligence
1.1. Legal actions for Tort of Negligence:
According to the case study, the day when Gordon was going for shopping
was a raining and the weather was wet. Therefore, Gordon slipped on the tiled floor
in the foyer of the Westfield Shopping Centre and got injure. In this case, Gordon
can file a case against the shopping mall under the tort of negligence law. Duty of
Care is acknowledged as the liability of any individual or organization to act in a
modern way to protest hazardous situations. In Gordon’s case it was the obligation
of the authority of Westfield Shopping Centre to utilize Duty of Care not only for the
employees but also for the consumers. However, as the day was rainy, it was the
responsibility of the shopping mall to take care of the surroundings that can harm the
consumers. Regarding to that, Causation can be another charge that Gordon can
apply against the shopping mall. Also, Gordon got physically injured because of the
incident, it is also another major factor for Gordon to report file against Westfield
Shopping Centre (Stickley, 2016).
1.2. Application of Defense:
On the other hand, the authority of Westfield Shopping Centre used a sign
board for the caution of the consumers as it was a rainy day and the foyers can get
slippery. Therefore, it also can be said that all responsibility of the incident is not on
the shopping mall, Gordon also share his part of responsibility for it. Even after got
complained by Gordon, the shopping mall can file Negligence law against the victim.
The possible defenses that the shopping mall can file against Gordon contains
attacking the general connection between omission or act and injury or harm;
declaring that the shopping mall acted according to the obligatory standard of care;
the condition of Gordon and the equivalent duty of care; and examine the fact that
weather Gordon suffered any major loss or not in real.

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2. Case Study Two- Business Structure
2.1. Structure and advice for a Business
The case study is based on Sunny and Warwick who has planned to construct
a college. A proper business structure is necessary for building a college and both of
them have little knowledge about it. Partnership is the appropriate business structure
essential for the construction of college. Moreover, it is the appropriate strategy who
would help them to accomplish their objective. In addition, the main feature of the
above-mentioned business structure is that it creates a group of individuals where
each and every is referred as partner. In order to maintain their business, the
expenditure as well as income would be divided among them. This business
structure assures that each party would receive equal rights as well as
responsibilities. By adapting this structure both sunny as well as Warwick can
maintain proper cooperation between them. This cooperation would help them in
advancing mutual interest which would assist them to strengthen their business. The
partnership has been categorized in three portions such as limited partnership,
general partnership and limited liability partnership. Limited partnership is suitable
business structure which should be followed by both of them for running college.
2.2. Registration Process of a Business Structure
In order to certify the business process with validate business number, the
business structure must be registered with Australian Business Number. In
Melbourne, the business must apply for the unique ABN (Australian Business
Number). In the next step, they have to choose a unique business name for the
operating the business. For the registration process they have to go for the
Business Registration Services under the guidance of Australian Government. By
completing the registration process, it will take time around 15-20 minutes. It will cost
around $36 AUD for one year or $85 for three years.
3. Case Study Three- Law of Contracts
3.1. Contractual Relationship Between Contractor
In regard to the case study, it has been noticed that a middle-aged newlywed
couple Mrs. and Mr. Garmin booked two-week package for honeymoon to Bali form
“Tour with Us” in Melbourne. The couple read an advertisement travel brochure and

BUSINESS AND LEGAL ENVIRONMENT 5
only after that booked the package as it promises to provide high quality hospitality
and many other features. On the other hand, the couple had to face many
unpleasant situations during the trip. The tourist company did not keep up with the
expectations of the consumers as per the travel brochure advertisement. According
to the advertisement the hotel should have been provide high quality hospitality
including food and other comfort which they did not. Also, the couples had to face
language problem as the owner of the hotel did not know English for communication.
Regarding to the case, the couples can utilize Law of Contracts against the “Tour
with Us” tourist company. Law of Contract is an agreement within the private
consumers creating obligations legitimate by the law. The major factors needed for
the agreement to be legitimated legally are adequate consideration, mutual
assessment, expressed through appropriate acceptance and offer, legality and
capacity.
3.2. Sort of Remedies for Breach Contract
Damages for breach of contract are acknowledged as ‘substitute’ for the
performance. The loss claimed should not be too distant from breach and the culprit
should do everything which is necessary to decrease the damage the victim faced.
There are two major reasonable remedies for breach of contract such as specific
performance (demanding performance about the contractual law) and injunction
(demanding the party to does not perform any act which can breach the contract).
Although, above mentioned remedies are unrestricted as the court is not responsible
for either of them; even after the establishment of the breach.

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4. Case Study Four- Consumer Law
4.1. Rights of Australian Consumer Law
Joanne’s mother has gifted her a telephone on her birthday but it could not be
operated. Moreover, when she had taken the telephone to the shop they refuse to
take it back. The shop had claimed that the appliances has been bought at sale and
their policy does not permit to make refund over sale items. According to the
consumer law of Australia it provides guarantee to consumer rights while purchasing
services and goods. It can be defined as the uniform legislation utilized for providing
protection to customer. It has included several rights such as right to refund or
replacement along with the provision of compensation for losses or damages,
Furthermore, consumer has the right of cancelling those services which are faulty in
nature (Lima Marques & Wei, 2017). Hence, according to the Australian consumer
law, Joanne has right to get the refund since that machine has failed to operate that
it could not make provision of the services. Further, she should take the help of
consumer law which would take suitable action against the shop.
4.2. Guarantees of Consumer Laws and Suggestions
The above case study is based on Joanne who has received a telephone from
her mother as a birthday gift but the machine has failed to provide services. In
addition, the shop has told this appliance has been purchased on sale hence, no
refund could be processed.
However, on the basis of the consumer right, the shop is bound to refund for
any damaged product. In fact, the shop may have to pay compensation for the loss
as well as damages suffered by a consumer because of the issues with a
commodity. Moreover, consumer has completed right of asking for repairing,
refunding and replacement of the product under the consumer law of Australia
(Bianchi, 2019). But the law varies with policies of several shops and the remedies
will be provided on basis of the major or minor issues. In this situation under the
consumer law of Australia strong action would be taken against the customer
representative. In fact, as per as the law he or she may be terminated for violating
consumer rights. On other hand, the policy of shop does not allow to provide refund
for the item purchased on sale as per as customer representative. Hence in this

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case, law cannot take any action against the customer representative since it varies
with policies of shops.
5. Case Study Five- Employment Law
5.1. Classification of Employee of Professional Posts
The case study is based on Warwick who was working as an independent
contractor in a company named Professional Posts Pty Ltd. Despite the expiry of his
contract during last week he is continuing his job in that organization. Apart from this
he had purchased a courier vans and has taken the responsibility of maintaining it. In
addition, he was bound to work for specific hours set by the organization. Moreover,
he had to drive in a particular route and like other employees he had to wear uniform
of the organization. In addition, he was bound to do all works allocated by the
organization. In fact, he had to made the delivery of packages as per as the
guidelines of the organization. He had been strictly monitored by the organization
and also used to received direct orders from the organization. Unfortunately, in a
day, he got injured himself during the time of delivery. According to the question, the
organization must follow the law of employment which play important role of
regulating relations between workers and employers. The law has stated that it is the
duty of the employers to make provision of facilities to the employee (Taylor & Emir,
2015). Hence, employment law had been applied in this case study he had followed
all the rules of the organization and hence later should provide health allowances.
The health allowance is a facility which is provided to all employees by their
employer. On other hand, since he was an independent contractor so the
organization is not liable for the provision of this allowances (Hodges & Gely, 2018).
5.2. Factors to become an Employee or Independent Contractor
On the basis of the case Warwick is an independent contractor who should
provide services on the basis of the written agreement. The organization does not
have any right to impose terms and condition over an independent contractor. In this
case Warwick has accepted all the rules of the organization like regular employee.
Apart from accepting the uniform of organization, he has continued his work after
expiry of agreement. Hence, the court would definitely consider these factors for
giving proper judgement.

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6. Case Study Six- Workplace Health and Safety
6.1. Regulations of Workplace Health and Safety:
According to the case study while working in an organization named Ruthless
Engineering, Fred has undergone through lung infection because of the emission of
fine plastic particle from cutting equipment operated by him. He has discussed this
matter with his boss but later has refused to believe him and also does not provide
any suggestions to the regulatory body. In fact, he has given warning to Fred that he
could terminate him if Fred discloses the matter of infection.
It is the duty of the workers to provide healthy environment for workers that is
safe environment of work which would help the employee to maintain their health.
The main responsibility of the organization is to provide health allowances and
Medicare to employees regarding health issues. An employee has right to file
complain during the situation when they are being harassed by the company. During
this situation Fred has been harassed by his boss so he has right to make complain
against later who has misbehaved with him. Hence, organization should follow the
law of employment otherwise as per as law strong actions may be taken on
organization for violating the norms of it (Mackintosh et al., 2017).
6.2. Advice to Avoid Potential Hazards
In order to make prohibition of this form of hazards as well as infections the
organization should adapt certain tactics. Moreover, employer must take the initiative
of providing protection as well as safe environment along with welfare facilities for
every worker. Moreover, the organization must pay attention for maintaining all
equipment along with proper monitoring so that all the employees could conduct their
operation safely. The workplace must have windows as well as ventilations which
would help the fresh air to come in to reduce suffocation. It must have the provision
of dustbin for keeping garbage in order to create soothing ambience for office.

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References
Bianchi, L. (2019). Changes to Australian Consumer Law: key benefits for
vulnerable consumers. Retrieved 11 October 2019, from
https://lsj.com.au/articles/changes-to-australian-consumer-law-
Hodges, A., & Gely, R. (2018). Principles of employment law. West Academic
Publishing.
Lima Marques, C., & Wei, D. (2017). Consumer Law and Socioeconomic
Development. Springer International Publishing.
Mackintosh, N., Davis, R., Easter, A., Rayment-Jones, H., Sevdalis, N., & Wilson, S.
et al. (2017). Interventions to increase patient and family involvement in
escalation of care for acute life-threatening illness in community health and
hospital settings. Cochrane Database of Systematic Reviews. doi:
10.1002/14651858.cd012829
Stickley, A. (2016). Australian torts law (4th ed.). LexisNexis Butterworths.
Taylor, S., & Emir, A. (2015). Employment law. Oxford University Press, USA.