Reflective Journal: Law Course Learning Experience

This reflective journal chronicles a student's learning experiences throughout a law course, spanning twelve weeks. The journal begins with an exploration of the Australian legal environment, including statutory and common law, and progresses to business structures, analyzing partnership agreements and the implications of contract breaches. It delves into contract law, emphasizing the importance of mutual understanding and acceptance, and examines discharge and remedies for contract breaches. The journal further covers tort law, focusing on negligence and fiduciary duties, and explores business registration and corporate management. Key topics include corporate insolvency, the duties of directors, and the application of Australian consumer law. The student reflects on cases, legal principles, and practical applications, offering insights into the complexities of law.

REFLECTIVE JOURNAL

TABLE OF CONTENTS
REFLECTIVE JOURNAL: LEARNING EXPERIENCE..............................................................3
REFERENCES................................................................................................................................7

REFLECTIVE JOURNAL: LEARNING EXPERIENCE
Reflection journal
My learning experiences
Week 1 In the first week of workshop I have learned the legal environment in Australia
such as constitution of Australian laws as well as legislation of laws. These laws
or acts are facilitated by federal registrar of legislations which has implemented
various laws and acts in context with fair taxation. It drives power to state as well
as local government and facilitate them with separate jurisdiction, courts and
parliaments. Hence, I got to know that, there has been two kinds of laws enacted
in Australia such as Statutory and common law (Australia: Legal environment,
2017). Thus, in Statutory law the laws are made by parliament or mat be the
federal parliament of state or territory which impose jurisdiction in regards with
taxation, defence, interstate and international trade as well as relevant domestic
issues. However, in the common law there is record of various case laws,
precedent by jurisdiction, tribunals and various courts which in context with
giving the adequate information relevant with British common law.
Week 2 In the second week, I have explored various kinds of business structure are in
force as well as their relevant jurisdiction which helps an individual to understand
terms and condition in each structure of firm. There are mainly four kinds of
structure that follows by individuals such as sole trader, company, legal and
partnership businesses. I have concluded the 1st case study, there is 3 individual
indulge in a partnership of Hen House Warehouse as well as do a side business in
their free time. BeMaMi is the name such business where they facilitate Mowing
services in context with earning the extra funds. Betty has developed the separate
partnership and signed an agreement with other company in behalf of their
partnership firm as well as deposited the earning in her personal bank account. At
the time of arrival of bills all the other partners were upset and have the
insufficient fund in meeting such expenses (Bassiouni, 2014). I insist that, all
partnership agreements must be signed and each transaction on behalf of such
firm or industry must be in recognition of all the partners. They must know all

agreements as well as signed such documents.
However, in the 2nd case there are two individuals who formed a business
in Hen House Warehouse and are also making the dealings or contracts with
outsiders but they have set a limit of 2500 of transaction. If any transaction
reaches more than the set limit is must be signed by both the partners. Here,
Trevor one of the partners signed an agreement without informing Carlo which is
exceeding the limits set by them. Carlo breach the partnership agreement as well
as Trevor also refuses the contract with such industry and the losses has to be
bear by their firm. In accordance with case, I suggest that, the agreement which
was signed both the partners has limited transaction and Trevor signed contract
which was existing such limits as well as without informing the other partner. It
will be breach of agreement they have made in their partnership so in this case,
Trevor will be liable to make the payment of all losses. Hence, as per both the
cases, I must say, partnership should be based on written agreement which
contains all the terms and conditions related with industry and its operations.
General partnership usually do not have any limits over transaction but there will
be mutual agreements between partners as well as the limited partnership has
limits so it must be considered by all individuals who are involved in operations
of such industry.
Week 3 The 3rd week of workshop teaches me the information related with contract laws.
Thus, the agreements as well as contracts must be simple in case of giving the
adequate knowledge to both the parties who are involved in dealings. The offer
must be accepted by mutual understanding and in the consideration of both the
parties. I think, acceptance of an offer will take place when individuals were
concerned, conscious as well as agreed on every terms and conditions. As per
case of Trevor and Dave, one person consists the contract was made and other
one was not concern about such agreement (Parkes, and et.al., 2015). Hence, I
think there was no contract took place between them because to form a contract
there is need to have acceptance of both the parties. In accordance with the 2nd
case Rebecca proposed an offer to Peter in relation with purchasing the top of the
Hen House Deluxe Palace as well as reconstructing but she later refused these

offer and unintentionally signed a wrong document. Thus, I think Rebecca must
be conscious about agreement on which she is signing as well as she must be
concerned over terms and conditions involved in such documents. On the other
side, Rebecca has made offer to Peter which was the special offer because the
offer which was made to a particular individual as well as it must consists with
consideration in return.
Week 6 In the 6th week of workshop, I was able to know about discharge and remedies
facilitated by federal legislation on the breach of any contract of agreement. In
accordance with the principles were made as per Hadley v Baxendale, the
breaching party to such contracts will be liable to make the payments to any
damage occurred (Cicero, 2017). I concluded that in the 1st case Jericho refuses to
the offer in constructing the workshop and the whole damage was claim by Allan
is around 15000 which was later paid by Carlos and Trevor. I think there will be
payment of such damages as these breach is done by one individual without
acceptance of others. Hence, in case 2 Arjun was an employee and leaves the job
before completion of contracted time period. Here, all the parties are agreed upon
it so it can be said that there will be no damage occurred. I think the breach of
contract or the refusal of any agreement must be discussed as well as informed to
all the parties who are involved with this.
Week 7 In the 7th week of my workshop classes, I learned that there has been use of
various terms and conditions in the contract law which must be noticed and
implemented by all the parties. Australian consumer law has facilitated that if
there are any loopholes in contract than the victim one is able to claim the
damage (Avraham, 2014). They can be able to claim such losses they have due to
wrong information as in case 1 and the inappropriate work as per case 2. I think,
both the cases has victims which are due to unlawful conduct happen to them.
They will be benefited as per the Parol evidence rule in which they can claim
over such transaction which are due to external effects, so such evidences must
be in written and clarifies the damage.
Week 8 In the 8th week of the workshop, I have studied lessons about Tort law which
indicates that there can be breach any contract as well as any illegal act will be

done by individual must be punished and there will be penalties over them. As
per Donoghue v Stevenson 1932, concept of negligence will be set out several
principles which enables a person with the duty of care and the work must be
done legally. I learnt about Fiduciary that it creates the trust in the minds of
individual and their assets for another person. As per 1st case Trevor and Carlos
will liable as the injury occurred to a student that they do not set fancying around
the building.
Week 9 As per the 9th week of the workshop, there has been discussion based on the
registration of a business and it affects. I have learnt that there has been
registration of the company before entering in any contract as well as it must
describes the purpose and structure of the organisation as per the case of Salomon
v A Salomon Co Ltd. Thus, ASIC is facilitating investments commission which
enables and individual to register the investment they are making in any
agreement (Bently and Sherman, 2014). It will be liability of an organisation to
have to proper registration before entering in any agreement.
Week 10 I have learnt the management of companies and remedies to its members in
context with these 2 cases. In managing the organisational environment there has
been implementation of various management techniques such as replaceable, the
employees must be informed before they got terminated as well as replaced by
any other employee.
Week 11 I think that, there will be duties of directors in context with having the favourable
disclosure (Hanrahan, Ramsay and Stapledon, 2013). They are liable to present
the authenticated information to for such reports which are later used by
stakeholders in investments decisions. Disclosure of financial instruments are the
legal rights of Stakeholders as well as they can ask the business to provide all the
relevant documents.
Week 12 On the basis of my 12th week of workshop activity I have learnt that corporate
insolvency can be due to non payment of any debt as well as the losses faced by
the organisation.

REFERENCES
Books and Journals
Avraham, R., 2014. Database of state tort law reforms (5th).
Bassiouni, M. C., 2014. International extradition: United States law and practice. Oxford
University Press.
Bently, L. and Sherman, B., 2014. Intellectual property law. Oxford University Press, USA.
Cicero, M. T., 2017. Cicero: On the Commonwealth and on the Laws. Cambridge University
Press.
Hanrahan, P. F., Ramsay, I. and Stapledon, G. P., 2013. Commercial applications of company
law.
Parkes, R., Mullis, A., Busuttil, G., Speker, A. and Scott, A., 2015. Gatley on libel and slander.
Sweet & Maxwell.
Online
Australia: Legal environment. 2017. [Online]. [Available through]
:<https://en.portal.santandertrade.com/establish-overseas/australia/legal-environment>.
[Accessed on 12th October. 2017].