Law Assignment: Analysis of Contracts, Torts and Corporate Law Issues

This law assignment delves into various legal domains, including contract law, tort law, and corporate law. It begins with a contract law case involving Mario, exploring breach of contract, damages, and court jurisdiction. The assignment then transitions to tort law, examining the elements of negligence, specifically in a kangaroo shooting scenario, and applying relevant sections of the law. The analysis extends to consumer law, assessing the Competition and Consumer Act (Cth) 2010 and its implications on exclusion clauses. Furthermore, the assignment explores corporate law, focusing on sections of the Corporations Act, 2001, including legal principles, and applying them to a given scenario. The analysis includes intellectual property, leasehold interests, and ethical standards for tax practitioners, providing a comprehensive overview of the legal issues involved and their potential outcomes.

Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
a) Who does he have a contract with?....................................................................................1
b) Who is in breach of contract?.............................................................................................1
c) How much damages can Mario successfully claim under contract law?...........................2
d) Can he claim damages under contract law for loss of happiness and enjoyment?............2
e) In which court should Mario sue in?..................................................................................2
TASK 2............................................................................................................................................2
a) Describe the elements of the tort of negligence.................................................................2
b) Examine if kangaroo shooting is a dangerous pleasure activity?......................................3
c) Apply sections 5J / 5K and 5L to the key facts. Can Rajesh be held negligent?...............3
TASK 3............................................................................................................................................3
a) Who is a consumer under the Competition and Consumer Act (Cth) 2010?.....................3
b) Does the Competition and Consumer Act (Cth) 2010 apply to the provision of services?3
c) Is the exclusion clause void under Competition and Consumer Act (Cth) 2010? If so why? 4
d) Refer to sections 18 and section 29 of the Australian Consumer Law. Does this exclusion
clause contravene section 18 civil only and constitute a criminal breach of section 29 (civil
and criminal)? Provide reasons..............................................................................................4
TASK 4............................................................................................................................................4
a) Identify any relevant sections from the Corporations Act, 2001.......................................4
b) Describe and explain the relevant legal principles including any relevant case/s.............4
c) Apply these legal principles to the key facts......................................................................5
d) Make a conclusion as to Alice’s prospects of success.......................................................5
TASK 5............................................................................................................................................5
Examine and evaluate the actual facts to find if EASTPAC Bank can rely on the Assumptions
outlined in section 129 of the Corporations Act 2001or are they prevented from doing so
under section 128? .................................................................................................................5
TASK 6............................................................................................................................................6
a) Robert has any claim in intellectual property including copyright over his song? ...........6

b) Robert a leasehold interest?...............................................................................................6
c) Has to vacate the caravan park in seven days or whether he has some statutory protection as
to his residential tenancy at the caravan park? ......................................................................6
TASK 7............................................................................................................................................6
(i) Any ethical standards of conduct imposed by the tax practitioner’s Act 2009.................6
(ii) The insider trading provisions of the Corporations Act...................................................7
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8
.........................................................................................................................................................9

INTRODUCTION
Law is explained as the rules and regulation which are commenced in any of the nation. It
is the wider term were various sub branches are their (Cox, 2015). Various sections are explained
law which helps to find that what types of decisions are required to be taken in any of the
organisation. Some of the branches of Law are Business law, Civil law, Criminal law and many
more. In context of the given topic, the area which is required to be covered is related with
contract, breach of contract, law of torts, contents of contract, nature of company, contract of
loan and many more. All this topics will be solved with the help of different case studies.
TASK 1
a) Who does he have a contract with?
Contract is defined as the agreement which is created between private parties. It is
necessary that contract must be enforceable by law (Paterson and Brody, 2015). For making any
of the contract as legal is there should be mutual assent, offer and acceptance, consideration,
capacity and legality. Whenever any of the person enters into the contract it is necessary that
they must read term and condition and must work as per the given criteria and if
person/organisation fails to do then legal actions are taken in it. If in any of the situation breach
of contract takes place then legal action can be taken and this types of cases comes under the
civil wrong so it is mainly entertained at local level of court or supreme court. It totally depends
upon the situation of case.
In the given case scenario, it can be seen that Desdicata was working on behalf of her
father Mario. Although all of the deals where done by Desdicata but still it will be said that there
is the relation of principle and agent. In this particular different contract have been signed and
the first one had taken place between Mario and Sydney Luxury Foods Pvt. Ltd. While talking
about another it has been found that contract had been done between Mario and Strathfield Hall
limited. There was also a contract between Mario and Fergie Big Brass Jazz band.
b) Who is in breach of contract?
The case is very simple and even it shows that Strathfield Hall Limited has breach the
contract which they had done with Mario. The reason behind breaching the contract is simple as
hall was booked for two different weddings on a same day (Schultz and Mitchenson, 2016). It is
important for Strathfield to inform Mario that hall has been already booked for another wedding
1

and they will not be able to book it. Here, mistake has been done by Andreas too because bills
shows the date of 30th November but He assumes it as 7th December.
c) How much damages can Mario successfully claim under contract law?
The most important things which is required to be considered in any of the case then it is
said that damages is required to be checked (Cox, 2015). The case is of civil nature so the
penalty that can be imposed will be related to monetary terms only. As this is one of the case
where Mario was not the defaulter so it can be easily said the all the monetary term of losses is
required to be paid by Strathfield Hall Limited. The company will required to pay $20000 and
all other amount expenses and losses which they suffers because of Strathfield Hall Limited.
d) Can he claim damages under contract law for loss of happiness and enjoyment?
In present scenario, it can be seen in most of the cases that person are entitled to recover
the damages for the loss of happiness and enjoyment and because of that it can understood that
Mario will be entitled to receive the money for happiness and enjoyment. One of the famous in
UK (Hobbs v London and South Western Railway Co8), here railway awarded the money to
Hamlin for the inconvenience he faced while travelling in the railway of UK (Spoiled Holidays:
Damages for Disappointment or Distress, 2004).
e) In which court should Mario sue in?
This was one of the case which is related to civil nature of crime and it is important for
Mario to decided that in which level of court he can get the required justice. This is one of those
case which is required to be dealt in Supreme court because the amount of the money which
Mario is claiming in this case is high ($1000000), so it better not to involve local level of court to
reach near to the conclusion.
TASK 2
a) Describe the elements of the tort of negligence.
Tort of negligence is categorised as the legal wrong where one person is required to
suffer from various issues just because of involvement of other person. Here contract are mainly
not formed but still legal actions can be taken easily. In addition, negligent torts are not
intentional, and there must be an injury resulting from the breach of the duty. For the first time in
1932 in UK, it was decided that person should get the opportunity to sue the defaulter due to
whom one have to suffer (The tort of negligence, 2018).
2

b) Examine if kangaroo shooting is a dangerous pleasure activity?
As per the past data and records, it has been found that kangaroo is not an dangerous
pleasure activity. The main things which is required to be focus while conducting this types of
activity is that non of the person should be injured because that might create serious nature of
issues in future (Paterson and Brody, 2015). In addition, the things that is required to be focused
is that only those should involve in this types of activities who are expertise in this particular
field so that chances of injury can be reduced. Also, this form of activities can create lots of
problem for individual if anything goes wrong.
c) Apply sections 5J / 5K and 5L to the key facts. Can Rajesh be held negligent?
It is important in context of case to find that whether person is held liable or not because
that is directly dependent upon the performance of an individual. By applying section 5K and 5L
it has been found that person should be held personally liable for any of the mistakes which they
do. Even in this case, it can be said that Rajesh should be held personally liable for the mistake
which he had done by not following the instruction of plaintiff but the main thing which is
required to be focused is that plaintiff should have been aware about the situation because the
shooting activity was conducted for fun and relaxation (Supreme Court of New South Wales –
Court of Appeal Decisions, 2006).
TASK 3
a) Who is a consumer under the Competition and Consumer Act (Cth) 2010?
The competition and Consumer Act (2010) has covered a wide areas of market like
product safety and labelling, industry codes, price monitoring, unfair market practices and more.
In given case as per this act which also covers section of Australian Consumer Law, concerns
more on product safety and information states that Mr. Pamela acts as a consumer. It also states
that damages of her car is a liability of Park Ltd., because it has done due to careless way of
parking other cars by one of its employee in the absence of Mr Pamela.
b) Does the Competition and Consumer Act (Cth) 2010 apply to the provision of services?
As Park Ltd. has clearly stated that it is not responsible for any damage or loss of
property of customers if they are availing its services, then in such condition this company seems
to apply the CCA Act (2010) under the provision of services. But as this act covers section like
application of ACL (Australian Consumer Law) which states about unfair practices, warranties,
3

product safety and more, so, as per this sector the given company doesn't apply law to its
provision of services.
c) Is the exclusion clause void under Competition and Consumer Act (Cth) 2010? If so why?
Yes, exclusion clause is also void under Competition and Consumer Act (Cth) 2010,
because some commonwealth, state and territory act has allowed the company to conduct
business if it is specifically authorised as per Section 51 of given act.
d) Refer to sections 18 and section 29 of the Australian Consumer Law. Does this exclusion
clause contravene section 18 civil only and constitute a criminal breach of section 29 (civil
and criminal)? Provide reasons.
As per Section 18 of ACL, companies are strictly prohibited to engage in misleading or
deceptive conduct. While Section 29 prohibits the false or misleading representations that
concerned about need for goods and services (Schultz and Mitchenson, 2016). Thus, exclusion
clause contravenes the section 18 only which prohibits the allowance of deceptive conduct.
TASK 4
a) Identify any relevant sections from the Corporations Act, 2001.
Corporation law is defined as the law which do have the power to commence any of the
law and regulation for any of the organisation in the premisses of Australia. Whenever
organisation are registered they are needed to follow it else penalty can be imposed. As per the
given case scenario, the relevant sections that can be applied with referring Corporation Act,
2001 is section 167, section 168 and section 169. Theses section will tell that what are those
important things which is need to be performed by company and there member. In addition
section 125 will also be considered where it is clearly mentioned about the constitution of
organisation (Corporations Act, 2001).
b) Describe and explain the relevant legal principles including any relevant case/s.
The legal principle of Corporation Act, 2001 states that each and every sections must be
considered by any of the organisation and if organisation fails to do then charges will be imposed
with immediate effect (Barratt, Seear and Lancaster, 2017). In section 125, it has been clearly
mentioned that any of the organisation is required to perform their task and duties as per the
guidelines of law. Here, non of the company is allowed to change its constitution without
obtaining the prior approval of their existing shareholders.
4

c) Apply these legal principles to the key facts.
The key facts which has been obtained in this particular case is that Raider Ltd. have
takeover Rivili company (Svantesson, 2016). Once process of takeover had completed, it was
found that company was not performing as per the constitution which they had prepared. The
most important thing which is required to be focus is that prior approval has been also not
obtained from shareholder and in this situation members of the company have the option to sue
organisation for breach of Constitution of organisation. i.e., Memorandum of Association and
Article of Association.
d) Make a conclusion as to Alice’s prospects of success.
If in this case Alice's files the case then there is high possibility that she can win the case
easily. Although, company is earning profit with new strategy but still different penalties will be
imposed and company will have to compensate Alice's. In addition, Organisation will be forced
to take approval from member and then if any of the member disagree to do then it will the
responsibility of organisation to pay the amount of share which they have invested in the
organisation.
TASK 5
Examine and evaluate the actual facts to find if EASTPAC Bank can rely on the Assumptions
outlined in section 129 of the Corporations Act 2001or are they prevented from doing so
under section 128?
This was the case which created lots of problem for the both Bank and Eve because bank
is relying on the facts which has been presented in front of them but Eve wants to say that
without her permission this types of decision are not allowed to take (Howells and Ramsay,
2018). This is the reason that company is not willing to pay any of the outstanding amount which
has occurred due to the mistake of James. Also, company is never liable to set of the personal
loan of any of the director as company and its directors are different from each other. Here,
James forges ASIC too which means bank will rely on section 129 which says that ASIC should
get information on any of the appointment of director or company secretary. As, bank had
received the order from ASIC that directors and company secretary is changed but still they are
required to find what were the main reason of taking loan in the name of organisation.
5

TASK 6
a) Robert has any claim in intellectual property including copyright over his song?
As Robert doesn't sing publicly the song “Norm the Man” so, he can't make any claim
regards with intellectual property including copyright over his song (Cory, 2015). Along with
this, he has also signed a written contract with Proxy Records Limited thus, it is better to take
whatever the company is paid.
b) Robert a leasehold interest?
As Robert has been living in the Caravan Park,from three years by paying a licence fee
and doesn't make any lease agreement, therefore, he doesn't hold a lease interest under this
condition.
c) Has to vacate the caravan park in seven days or whether he has some statutory protection as to
his residential tenancy at the caravan park?
As per license agreement, there are certain rights and norms under which if a person
paying under license fee for a period of time, then he has rights to stay at a place for given
period. In context with case of Peter, as he commanded to leave caravan park within 7 days
which can only be justifiable if period of termination of license fee is end in upcoming seven
days. Otherwise, Peter has statutory protection for his residential tenancy and can stay for more
than given period.
TASK 7
(i) Any ethical standards of conduct imposed by the tax practitioner’s Act 2009.
The ethical standard of code of conduct says that tax practitioner’s are allowed to discuss
day to day activity with anyone but the main thing which is required to be focused is that they
must not share any of those information through which any other person are benefited (Lingard,
Thompson and Sellar, 2015). The ethical standard doesn't allow to conduct any kind of such
activity which creates trouble for some of the people living within the society. Tax agents are
required to act lawfully where they must try to select those decision which are beneficial for the
client. They must know what are their boundaries and in which situation they are required to
disclose any of the information within the marketplace. It is said that whenever any of the critical
situation arises, tax practitioner’s need to overview the condition and then they are required to
6

take decision that whether crucial information need to be shared or not (Code of Professional
Conduct, 2019).
(ii) The insider trading provisions of the Corporations Act
Insider trading is defined as the offence under Corporation Act in which important
information are communicated to other person for the purpose of earning secret profit. This types
of information are mainly shared by directors, company secretary and other key managerial
person of the organisation (McQueen, 2016). In Australia, if any of the person founds guilty
under the default of insider trading then maximum penalty can be imposed for imprisonment of
10 years, fine of $450000 or both. As per Section 1043B-J of corporation law says that
underwriter have the right to get information about crucial information about the company as
they are the one who have invested huge amount of capital within the company but still there are
some limitation that should not be crossed. This can fluctuate the trading market and because of
that unaware investor can face various kind of issues in future.
CONCLUSION
From the above file, it can be concluded that law is very important in each and every
field. Contract is that written agreement which doesn't allow any of the member to wind up
without completing it. In present scenario, person are legally penalised for any of those work
where default is done unintentionally. It is necessary for any of the party to be aware before
entering into the contract because if any of the forge activity will be found that company will not
be personally liable for that. Insider trading is one of those action which creates unnecessary
problem for the company and it is important that this types of problem should not be raised in
any of the situation else legal action can be taken.
7

REFERENCES
Books and Journals
Barratt, M. J., Seear, K. and Lancaster, K., 2017. A critical examination of the definition of
‘psychoactive effect’in Australian drug legislation. International Journal of Drug
Policy. 40. pp.16-25.
Cory, H., 2018. Sukuma law and custom. Routledge.
Cox, C., 2015. Consumer experiences of accommodation deals purchased via social coupon
promotions: An Australian perspective. Journal of Hospitality Marketing &
Management. 24(6). pp.609-632.
Howells, G. and Ramsay, I. eds., 2018. Handbook of research on international consumer law.
Edward Elgar Publishing.
Lingard, B., Thompson, G. and Sellar, S. eds., 2015. National testing in schools: An Australian
assessment. Routledge.
McQueen, R., 2016. A Social History of Company Law: Great Britain and the Australian
Colonies 1854–1920. Routledge.
Paterson, J. M. and Brody, G., 2015. “Safety net” consumer protection: using prohibitions on
unfair and unconscionable conduct to respond to predatory business models. Journal of
consumer policy. 38(3). pp.331-355.
Schultz, T. and Mitchenson, J., 2016. Navigating sovereignty and transnational commercial law:
the use of comity by Australian courts. Journal of Private International Law. 12(2).
pp.344-378.
Svantesson, D. J. B., 2016. Private international law and the internet. Kluwer Law International
BV.
Online
Spoiled Holidays: Damages for Disappointment or Distress. 2004. [Online] Available Through:
<http://classic.austlii.edu.au/au/journals/LegIssBus/2004/3.pdf>
The tort of negligence. 2018. [Online] Available Through:
<https://www.accaglobal.com/my/en/student/exam-support-resources/fundamentals-
exams-study-resources/f4/technical-articles/tort-negligence.html>
Supreme Court of New South Wales – Court of Appeal Decisions. 2006. [Online] Available
Through:
<https://www.paci.com.au/downloads_public/court/23_Fallas_v_Mourlas.pdf>
Corporations Act. 2001. [Online] Available Through:
<https://www.legislation.gov.au/Details/C2018C00424>
Code of Professional Conduct. 2019. [Online] Available Through:
<https://www.tpb.gov.au/comply-code-professional-conduct-tax-agents>
INSIDER TRADING LAWS. 2018. [Online] Available Through:
<https://www.armstronglegal.com.au/corporate-crime/insider-trading/laws>
8

9