Business Law Report: Analysis of Business Law Cases and Regulations

This report delves into the intricacies of business law, providing a comprehensive analysis of legal principles and their practical applications. It commences with an introduction to business law, emphasizing the role of governmental regulations in managing businesses. The main body of the report addresses six key questions, each exploring different aspects of business law. Question 1 focuses on defendant liability in breach of contract cases, while Question 2 examines contract formation and obligations, particularly in a family context. Question 3 explores the impact of intoxication on contractual agreements. Question 4 discusses the importance of written contracts and analyzes different contract terms. Question 5 examines the concept of 'acceptable quality' under Australian Consumer Law, with arguments from a seller's perspective. Question 6 covers insurance law, including premiums, pre-existing conditions, indemnity, and the doctrine of subrogation. The report concludes by summarizing the key findings and referencing relevant sources. This report, available on Desklib, offers valuable insights for students of business law.

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
QUESTION 1..................................................................................................................................3
QUESTION 2..................................................................................................................................3
QUESTION 3..................................................................................................................................4
QUESTION 4..................................................................................................................................5
QUESTION 5..................................................................................................................................6
QUESTION 6..................................................................................................................................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Business law plays an effective role in business environment of a country. Government of
a country has formulated different laws, regulations and standards for properly managing those
businesses and companies which comes under its command and authorisation area (Dolk and
Penning-Rowsell, 2020). This report discusses different cases which are completing relating with
the business law. Some major legislations and regulations of Australia also has been considered
in this report.
MAIN BODY
QUESTION 1
The defendant is completely liable for all the damages suffered. When a claimant register
case of breach, duty and damage in the court, then the defendant is completely responsible to pay
for the damages if it found guilty. However, before making liable to defendant, the court or jury
has properly analysed the scenarios of both parties, and then they take decision for about the
defendant guilty or not. When claimant has claimed that, other party has breached and damage
any contract or agreement, then respective court takes statements from the both sides, then they
have analysed that claimant’s claim is valid or not. After knowing that the claim of claimant is
completely logical as well as true, the jury can be imposed the liability of paying for damages on
the defendant.
QUESTION 2
Issue
In the case of Thomas and his dad, Thomas’s dad is not providing the favourable deal
him, because was paid $350 to previous garden contractor for keeping gardens looking tidy. In
the case of his some, he was agreed to pay only $200, and after four weeks of maintaining
garden, his father told him that, he can’t afford this payment (Goh and King, 2019). This step of

his father is completely unethical, because Thomas is putting huge efforts for keeping the
gardens looking tidy.
Rule
According to Australian contract system, here is Thomas has full right to sign a contract
with his father, and while signing the contract both have to mention their terms and conditions in
that contract to various conflicts. The rule says that, Thomas’s father has to continue pay
previously decided cost of $200 to him, because he also has requirement of money as a
university student. Of course, student has right on the property, but currently he is the college,
and he need to some money for daily expenses against hiss work of keeping gardens looking
attractive as well as tidy
Application
Both, Thomas and his father need to come together for signing a contract, in which his
father have to mention this that, he will pay decided cost to his son against cleaning gardens. In
this situation, both needs to visit the court for the enforcement of new contract between them.
Conclusion
It can be concluded that, after signing the legal contract, father and his son Thomas have
to deal with each other on the basis of contract. This is the only way to them for removing
different conflicts (Tarr and Nicholson, 2017). However, currently father of Thomas is
responsible to pay his son for maintaining effectiveness within gardens.
QUESTION 3
Issue
In the case of Oliver and auctioneer, here is Oliver is not bound to the contract, because
he was drunk when he bid for purchasing a house. According to Australian business law, when
any person has drunk, then other party have to avoid sign contract till that person has sobered up.
In the current case, at the auction venue auctioneer was completely aware about that Oliver is
drunk, but still it was given him permission to stay in the auction venue.

Rule
This act of auctioneer and auction management was completely unethical. Basically,
when they get aware about, he is drunk, on that particular moment they were enabled to talk with
Oliver that, sit you are not normal right now so u can’t participate in the auction process. But
there was auctioneer was not talked or communicated with Oliver, and gave him permission to
participate in auction process.
Application
This full scenario of completely against the Australian business law, that’s why he is not
bound to the contract, because he was drunk while bid the highest price for purchasing a house.
However, Oliver is also in in fault, because he could avoid to visit at the venue of auction after
get drunk, but he visited at the venue of auction in the drunk condition, and has started biding for
purchasing house (Larson and et.al., 2019). But after drinking alcohol, he was not able to give
itself some instructions to avoid participate in bid, but there was the management auction
responsible to stop Oliver for bid after analysing his current condition.
Conclusion
It can be concluded that auctioneer was aware about that, he is not able to control on
itself due to get drunk, then why it gave him permission to bid. Here is auctioneer is in the main
fault. Currently Oliver has full right to refuse the contract of buying house with auction’s
management.
QUESTION 4
A. Yes, a contract has to be in writing, because written paper is become the proof of contract
between two and more than two parties. Written contract is the most safe and secure way to
parties, because in a written contract, all involved parties of a scenario can include their
respective terms and conditions in the written contract, and then they can enable to sign the
contract as well (Pagura, 2020). A written contract helps to different parties for removing
different conflicts between them, and this is the main reason that a contract should have in
written.

B. Generally there are three types of term has used by different contractors in a contract, called;
conditions, warranties and innominate terms. In this situation, each party should have proper
knowledge about the all terms of a contract. This is really necessary to a party for removing
different conflicts which generally raises after the signing contract.
C. Conditions term is used when aggrieved party has claimed for paying casualty fees from the
other party. Basically, when a party has breached the contract without any reason, then that party
is responsible to give some negotiated amount to aggrieved party (Weinert, Crawley and Tranter,
2020). This is the basic concept of conditions term in a contract. Next term is warranty that uses
when a party breached the contract unethically, so this term helps to aggrieved party to claim for
the damages. Lastly, innominate is the fundamental term of contract that gives opportunity to
parties for come together for breaching the contract on the basis of a valid reason. These all
aspects of three terms are showing difference between them.
QUESTION 5
A. Acceptable quality
According to s 54 (2) of the ACI (Australian Consumer Law), the acceptable quality is a
quality attribute of any company’s products and services. According to this term of ACL, a
customer has full right to refuse any poor-quality product in market place. A customer has right
to accept quality of product in that condition when the product is free from any defect, safe,
durable and favourable to supply in market. This is very beneficial to different customers in
Australian business environment, because it enables to people or customers for buying different
quality products and services for the final consumption (Legislation | Competition and
Consumer Act 2010 (Cth), 2018). Basically, many times companies and ventures has started
compromising with quality of their products to save their production resources and time. In this
situation, acceptable quality term under ACL motivates to different companies and venture to
produce only quality products to customers. On the other side, this term of consumer gives
opportunities to customers in market for choosing products and services according to their
comfortability and satisfaction. According to acceptable quality term of Australian Consumer
Law, a customer has full right to analyse and judge different aspects of a product; price of

product, durability, market value, etc. At the end, customer has right to ensure that, product it is
purchasing can harm its health. Then finally, a customer gets ready for accepting a product.
B. Arguments for a seller
A seller can put forward many arguments for limiting the scope of section 54. However,
before putting the arguments, a seller has to analyse the impact of section 54 of ACL. Basically,
the government and parliament of Australia has formulated this section in the welfare of
customers. This section gives opportunity to people for buying quality products in market place.
In this situation, a seller can give argument of always producing quality products, and this
argument can help seller for limiting the scope of lection 54. According to consumer law of
Australia, each organisation and company have to provide quality products and services to
various customers, because when company provide quality product people in market, then they
will not be harmed through while consumption of product. Seller have to claim that, they use
appropriate raw-material for producing different products to make satisfied to its customers
(Milnes, 2018). On the other side, a venture can put the argument of providing proper bill of the
purchased products to various customers, so that customer get the proof about they have
purchased products and services that particular venture. After considering these all factors, a
seller can simply limit the scope of ACL’s section 5.
QUESTION 6
A. There are premium, pre-existing conditions, beneficiary, deductible are four major terms in
the Australian law system. In this situation, premiums are basically cost which a policy holder
have to pay monthly or quarterly etc. Pre-existing conditions are conditions which an insurance
provider informs people before selling any policy, beneficiary is a person which has control on
the inflow and outflow of cash, and lastly, deductible is the additional cost which a policy holder
have to pay for covered different expenses relating to insurance policy (Nicholls, 2016).
B. Indemnity is basically a way in insurance law to make compensation payments to one person
by the other person for the loss occurred. This is the actual of running insurance institutions.
C. The doctrine of subrogation generally a method of paying against any loss. In an insurance
contract, there are two parties come together for signing the contract, one is insurer and second is

client. So, this doctrine of subrogation affects both parties to take benefits according to existing
conditions (Petrovic and Grunberg, 2017). Basically, when client faced any loss, then insurance
company have to bear that loss, and when third party has faced the loss, the company takes fund
in form of premium to bear losses of third party.
CONCLUSION
On the basis of above findings, it can be concluded that business law maintains an
effective between different aspects of a business organisation. By considering all business
legislations and regulations, a venture can be simply legally formed.

REFERENCES
Books & Journals
Dolk, M. and Penning-Rowsell, E. C., 2020. Advocacy coalitions and flood insurance: Power
and policies in the Australian Natural Disaster Insurance Review. Environment and
Planning C: Politics and Space. p.2399654420960484.
Goh, E. and King, B., 2019. Four decades (1980-2020) of hospitality and tourism higher
education in Australia: Developments and future prospects. Journal of Hospitality &
Tourism Education. pp.1-7.
Larson, S., and et.al., 2019. Correction to: Using measures of wellbeing for impact evaluation:
Proof of concept developed with an Indigenous community undertaking land
management programs in northern Australia. Ambio. 48(1). pp.99-99.
Milnes, M., 2018. Blockchain: Issues in Australian competition and consumer law. Australian
Journal of Competition and Consumer Law. Forthcoming.
Nicholls, R., 2016. The Australian telecommunications regulatory environment. Journal of
Telecommunications and the Digital Economy. 4(4). p.196.
Pagura, I., 2020. Law report:'Small business and'cyber security. Journal of the Australian
Traditional-Medicine Society. 26(1). p.38.
Petrovic, J. and Grunberg, B., 2017. Intersecting trade, politics and human rights: The
negotiation phase of the australia-china free trade agreement. Journal of World
Trade. 51(1).
Tarr, J. A. and Nicholson, G. J., 2017. Accountability and retrospective legislation: Implications
for directors, officers and third parties. Australian Business Law Review. 45(4). pp.337-
344.
Weinert, K. D., Crawley, K. and Tranter, K. eds., 2020. Law, Lawyers and Justice: Through
Australian Lenses. Routledge.
Online
Legislation | Competition and Consumer Act 2010 (Cth). 2018. [Online]. Available Through: <
australiancontractlaw.com/legislation/acl/acl54.html>.