Media Report Analysis: Business Law - Curtin University, OUA 2020

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This report analyzes a media report concerning property damage caused by youths in a short-stay house, applying various business law principles. It examines property law, highlighting the owner's rights to compensation for damages, and administrative law, discussing the government's code of conduct for short-stay apartments. The analysis further delves into contract law, referencing the breach of contract between Airbnb and the apartments due to partygoers' actions, and tort law, emphasizing the youths' duty of care and potential criminal liabilities. The report also explores the influence of media on law and administration, public pressure on legislators and judges, and the remedies available for injustices. References to relevant legal texts are included to support the analysis, offering a comprehensive understanding of the legal issues involved in the media report.
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Running head: MEDIA REPORT ANALYSIS UNDER THE LENS OF BUSINESS LAW
MEDIA REPORT ANALYSIS UNDER THE LENS OF BUSINESS LAW
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MEDIA REPORT ANALYSIS UNDER THE LENS OF BUSINESS LAW
1. Property Law
Property law gives the right to the owner to inhabit the property without any interference
and any harm caused by a stranger to the property will be liable for the consequences of
any action is taken by the owner. The report said that a short-stay house in Hawthorn East
was damaged by 60 African youths so the owner of the property can take action against
the alleged persons who caused harm to the $3.5 million property.
Administrative Law
The decisions taken by the members of Council are supported by the evidences and the
official powers of the members should not go beyond the limit. The report shows that to
eliminate the offenses by the party-goers the government made a code of conduct to
which applied to the short-stay apartments. However, the state government’s decision to
not include the standalone houses was not appropriate because evidence showed damages
made by youths to the houses.
2. Different areas where the law exercise as follows:-
Ensures reasonable predictability in daily life – The law of Contract gives a
right to a party to impose the contract adjacent to the other who refuse to perform
their obligations. The media report shows that the contract between Airbnb and
short stay apartments has been breached by the violent activities of the partygoers
(Miller and LeRoy 2016).
Encourages and discourages certain conduct- Individual behavior which has an
impact on others are controlled by the Tort law. The duty of care was not taken by
the youths who made damages to the short-stay house and offenses made about
the wild parties (Hufnagel and Saskia 2016).
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MEDIA REPORT ANALYSIS UNDER THE LENS OF BUSINESS LAW
Grant rights and powers to individuals and groups of the people- Property
law delivers right to inhabit the estate without any intervention and any harm to
the property from outside will be taken into consideration by the owner. The
media report showed the example of damages to a short-stay house by the African
youths in Hawthorn East.
Imposes obligations on individuals/organizations to meet their legal
responsibility- Administrative law ensures that the members of the council must
make judgments based on the pertinent evidence. The decision of state
government to exclude the houses under the law was not proper because the
partygoers' youths made damages to the property (McGee, Robert, Ken, and
Serkan Benk 2016).
Allows for the enforcement of recognized rights and duties- Criminal law
gives power to the cop to detain the offenders (Allen, Dominique, and Blackham
2018). The media report shows a 73-year-old man and an 18 years girl were
knocked by the activities of the African youths can lead to criminal liability.
Provides remedies when an injustice has been done- Tort law contributes the
remedy to damages when the negligent behavior of any individual causes harm to
the other party. The house owner of Hawthorn East can claim damages against the
African youths for damage to the property.
3. The media report shows that young party-goers must act according to the duty of care
under Tort law to prevent damages. The 73 years man and the 18 years old girl must
know about the criminal law as they were knocked by the people's activities of the
African youths (Brown and Elizabeth 2016). The administrative law must be properly
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MEDIA REPORT ANALYSIS UNDER THE LENS OF BUSINESS LAW
exercised by the government to meet the expectations of the public and as per the report
the law needs to be extended to houses also. The property law must be taken into account
by the house owners as the damages to their property has done by the careless youngsters.
4. Influence of media on law and the administration- The media is rarely playing a
neutral role when it comes to reporting matters of law and government. Media can take
the ideology of anti-government which will make to sell more newspapers and more
viewers to the channel as people tend to follow the media which are critical to the
government. Media used to showcase the reporting related to Public protests against any
government policy in such a way which creates a deep impact in the mind people that the
government is unfair and by this way the public disrespects the law and reliability on the
government.
Public pressure impact on legislators and judges – Legislation is controlled by the
government and the impact of public pressure could have a significant impact on
legislation. Judges are responsible to deal with law and they ensure the application
through precedent. Decisions of the judges are often affected by the public pressure and it
results as obiter dicta of the judgment.
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MEDIA REPORT ANALYSIS UNDER THE LENS OF BUSINESS LAW
References
Allen, Dominique, and Alysia Blackham. "Confidentiality and Settlement: Uncovering the
Hidden Secrets of the Enforcement of Equality Law in Australia and the UK." In Berkeley
Comparative Equality & Anti-Discrimination Law Study Group 2018 Conference at Melbourne
Law School at the University of Melbourne. 2018.
Brown, Elizabeth F. "Lessons from efforts to manage the shift of pensions to defined
contribution plans in the United States, Australia, and the United Kingdom." Am. Bus. LJ 53
(2016): 315.
Hufnagel, Saskia. Policing cooperation across borders: comparative perspectives on law
enforcement within the EU and Australia. Routledge, 2016.
McGee, Robert W., Ken Devos, and Serkan Benk. "Attitudes towards tax evasion in Turkey and
Australia: A comparative study." Social Sciences 5, no. 1 (2016): 10.
Miller, Roger LeRoy. Business Law Today, Comprehensive. Cengage learning, 2016.
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