LAWS11030 Foundations of Business Law Assignment Sample
Here’s the best sample of LAWS11030 Foundations of Business Law Assignment written by subject expert.
Introduction
Ford & Anor v La Forrest [2001] QSC 261 case has reflected a clear overview of the importance of digital confirmation of any contract. The case was fought in between Adele La Forrest and Johon Ford, Conrad international Hotels, Corporation ACN 010 471 137, Detective Sergeant Trevor Newman, Detective Sergeant Nolan White and States of Queensland. La Forrest had brought a claim against the damage of Jupiter’s casino which was solved through acceptance of both the parties via Email.
The part B of this report will discuss four different scenarios, where each of the scenarios will be briefly analysed in terms of identifying the situations upon which the business law would be applicable. Each of the scenarios will be different from one another, hence based on that laws will be identified which will help in completing this research study successfully.
Part A
Q1.
The case was fought in the Supreme Court of Queensland which is the highest regulating body for managing the laws and legislations over the Australian state. In the Australian court hierarchy, the top position belongs to the High Court of Australia which has interpreted the consultation process and settles over territories, commonwealth and states (Mack & Roach Anleu, 2012). In the below level of the hierarchy, four courts are positioned which are the family court, federal court, Supreme Court and appellate court. Supreme Courts have generally heard the serious issues related to criminals and civil processes which are worth above $50,000. The case has been progressed to Supreme Court from the district court and Magistrate Court which completes the hierarchy.
Q2.
La Forrest had claimed action against five parties for the injury experienced in the casino of Jupiter and a compensation of $50,000 was agreed between the parties through the digital medium. Despite receiving the amount, the applicant had brought the particular claim to the court which is included under civil cases. La Forrest has to show all the documents associated with being agreed with the contract via Email and proper representation of the terms and conditions. They are claimed against the legislation associated with Electronic Transactions Act (1999) ss 4, 8(1) which have provided the acceptance for placing a contract via the digital medium (Gov.au, 2018). The case is also associated with the legislation Acts Interpretation Act (1954) of Queensland (gov.au, 2018).
Q3.
The main issue associated with the case study is demonstrated through the acceptance of being capable to establish a strong and contractual relation. The expensive litigation and satisfying both the parties are executed through maintaining the principals which are not maintained in this case. The main issues for the applicant are considered as lack of binding the agreement terms and intimidator or oppressive solicitors are conducted (Mack & Roach Anleu, 2012). The unsatisfactory discharge terms and statement of the Email is considered as the potential issue. The evaluation of terms and conditions for the contract has to be progressed by another party before being agreed against the particular contract which is not followed and declined.
Q4.
To create a valid and enforceable contract, the offers have provided particular details, acceptance and the agreement of another party which helps to remove any kind of conflict in the future. The monetary exchange between the parties against any product or service is also required to be included under a valid contract. In the contract, La Forrest has the responsibility of mentioning all the crucial details and justification for the contract with the strict terms and conditions. It assists the business to follow the ethical and legal aspects associated with compensating the Australian civil requirement for the damage caused to the individual.
Q5.
The decision making of the particular case is associated with Commercial Bank of Australia vs Amadio which is characterized as the equity case and contract law based on Australia. The son of Amadio has been reflected through the indebtedness to the Australian Commercial Bank for providing mortgage over their owned building (Black, 2006). After the failure of the business, the bank required to enforce the guarantee and claimed special disadvantage in the field of equitable doctrine in Law Equity. As the banks had not stated the Amadios for no limit in liability under guarantee. On the other hand, the Amadios have thought the limitation of liabilities in $50,000 which justifies the documenting clear and concise data related to any agreement.
Q6.
The treatment approach for the contract issues are reflected through the particular case study as the regulation under the laws are prioritized through the case. Electronic Transactions Act (1999) ss 4, 8(1) assist the business to make a contract over digital medium by mentioning all the relevant and suitable details. The agreement between both parties has been reflected by the electronic and digital signature which has assisted the business operations to execute it continuously. The business operations have also been affected by the principles of wrong details related to procurement and the requirement of the raw ingredients (gov.au, 2019). The business operations have also been affected by the legislation of the Acts Interpretation Act (1954) which have regulated all the action or proceedings between two parties. It might be executed under the electronically digital medium which requires proper governance and monitoring of the contract. The purpose of the act is also required to be justified for assuring the success of diversified business operations.
Q7.
According to my opinion, the outcome of the case is justified as the digital operation of the business process and users have been increased. All of the business processes have been executed in an effective way which provides a clear overview associated with the importance of maintaining the digital contract. The acceptance of the digital contract has also required to provide equal importance as most of the official works have been executed over Email or another digital medium. Mainly, the contract between parties is accepted by adding the offer to one party and acceptance by the opposite parties. The communication between the parties is also required to be established which also assists both of them to prioritize the content of the argument. I have learned the overview and detailed discussion related to the Electronic Transactions Act (1999) and its application in following diversified business operations. The basic principles for maintaining the contract and the approach for being agreed upon are also required to be evaluated for the continuous process without facing any issues.
Part B.
1.A. Explain the contractual agreement against Margaret
The issue that has been identified in this case is Margaret has sold her business to a regular customers, after promising Sally to transfer the shop and stock after three years. It is clear case of violation of agreement by Margaret and for the same Sally can sue her mother. Sally can sue Margaret for violation of the agreement, both the concerned party must have signed an agreement where Margaret might have assured to Sally after three years she would transfer the shop and stock for free to her daughter. When the argument broke between them Margaret without any consent from her daughter sold the business to one of her customers. Hence, Sally can undertake the Contracts Review Act 1980 No 16 (Legislation, 2019), in terms of suing her mother. Under this Act, Sally can sue Margaret for the violation of Estoppel, where her mother avoided her contractual obligations under the doctrine of estoppel. Under the Contracts Review Act 1980 No 16, it has been identified that the breach of the agreement has a serious impact where Margaret can be sued by Sally, for not informing her about the sale of business and also for violating the contract (Austlii, 2019). Sally can further file a case against Margaret for termination of breach of contract as because as promised by her mother she was about to get her share in the business, but without her consent, her mother sold the business to another party. The seriousness of the breach of termination will be depending upon the number of damages made to the concerned party. Under the contractual act, some of the conditions are taken under the condition which includes reviewing the documents whether the agreement is made under the general nature of the contract or form some particular term. Another situation that that is accessed under this act is that the importance of the promise made by the owner of the business, upon which the party has entered into the business unless he has been assured by the owner of the business for his substantial performance. Therefore, evaluating, the case it can be concluded that Margaret has violated her agreement, hence Sally has all the rights and obligations to sue her mother for violation of the agreement under Contracts Review Act 1980 No 16.
1.B. What rights does fletcher have?
The issue that has been identified in this case is that Fletcher had limited business experience and his friend Stan is his lawyer and provides advice to him on regular basis. The issue mainly arises when it has been identified that Fletcher signed a document that Stan advised was merely to keep horses and cows on the land for a short time. But later Fletcher identified that he signed transfer of title of the land to Stan mistakenly. This type of error can be rectified through the process of supplementary documents which is known as rectification deed. Fletcher can consider the document of Rectification deed, which is a document that is executed between the parties to correct a mistake in the principle deed (Abl, 2019). Therefore, this mistake can be considered as a bonafide mistake where the original deeds do not reflect the true intention of the parties of the deeds. Both parties need to come forward and reduce the correction into a duly executed document. Moreover, both Fletcher and Stan need to pay the requisite stamp duty to get it registered with the specified authority. Whereas, if Stan does not agree to such an amendment, then Fletcher has all the rights to file a suit before the court under Section 26 of the Specific Relief Act 1963. Hence, the conclusion is that the law provides relief to Fletcher in case the real intention of the part is not properly reflected in the documents executed because of a bona fide mistake of fact. Therefore, under rectification of deeds Fletcher can get back his land.
2.A. Advise to Susan whether they can obtain remedy under the Australian Consumer Law
Evaluating the case the case that has been identified that Susan has gave her wedding dress to Sydney Cleaners Pty Ltd for dry-cleaning. Once she received the receipt she noticed that the firm is not liable for any damages done to the dry-cleaning item. But when she received the dress she saw that it was badly burnt. Although the description that was written in the receipt prevented any customer from suing the company, Susan can claim for the damages. Australian Consumer Law will be applicable for, under this law Susan can ask for the compensation due to the loss she suffered due to the service that has been provided by Sydney Cleaners Pty Ltd for dry-cleaning. Furthermore, under this law, Susan cannot be entitled to remedy for the defective service but can also have the dry cleaner to pay for the loss incurred, which includes dry cleaning paying to replace the wedding dress (Accc, 2019). Susan can further follow the steps to claim compensation such as contact the business written or verbal and explain to them about the problem and claim for their compensation. Susan can also ask for a refund or replacement by showing the proof of purchase with a receipt or bank statement. Therefore, based on the above fact it can be concluded that if Susan can take Australian Consumer Law under consideration then she can get back compensation for the damage she suffered due to the service of Sydney Cleaners Pty Ltd.
2. B. Could ACCC take action against Uncare and advise whether it could obtain remedies under the Australian Consumer Law
Based on the situation the issue that has been identified during the case is that Uncare Pty Ltd has made a false promise of providing all service amenities in their care centers and for the same they are also charging additional charges. ACCC can undertake Australian Consumer Law, it prohibits the organisation to engage in misleading or descriptive information to the consumer. The misleading information creates a breach of ACL and creates a misleading impression among the customers about the value, quality, and prices of services (Accc, 2019). The Australian Consumer Law also prevents unfair trading practices and aims towards enhancing wellbeing and consumer confident participation in the market, as it can be ascertained that they are not being misled from any false or descriptive information. Furthermore, ACL can also impose criminal sanctions or financial penalties on Uncare Pty Ltd for making a false statements. The conclusion that has been determined after evaluating the case is that if ACCC can take help of Australian Consumer Law, then they can control the false and misleading information that are spread by organisation to grow their business and maintain consumer trust and integrity.
Conclusion
Evaluating the questions it has been identified that Sally can sue her mother Margaret for breach of agreement, upon which her mother had to suffer from legal consequences. Moreover, evaluating the case of Susan it can also be stated that she can ask for compensation for the damage she suffered for the service that has been provided by the dry-cleaning firm.
References
Abl. (2019, September 16). Deed of Rectification. Retrieved from Deed of Rectification: https://www.abl.com.au/MediaLibraries/ABL/sites/timbercorp/attachments/7114of2009/olives2003/O%202003%20004A.pdf
Accc. (2019, September 16). Compensation-for-damages-loss. Retrieved from Compensation-for-damages-loss: https://www.accc.gov.au/consumers/consumer-rights-guarantees/compensation-for-damages-loss
Austlii. (2019, September 16). CONTRACTS REVIEW ACT 1980 – As at 30 November 2016 – Act 16 of 1980. Retrieved from CONTRACTS REVIEW ACT 1980 – As at 30 November 2016 – Act 16 of 1980: http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/nsw/consol_act/cra1980201/
Black, A. (2006). Unconscionability, Undue Influence and the Limits of Intervention in Contractual Dealings: Commercial Bank of Australia Ltd. v. Amadio. Sydney L. Rev., 134.
gov.au. (2018). Acts Interpretation Act 1954. Retrieved Sept 16, 2019, from Acts Interpretation Act 1954: https://www.legislation.qld.gov.au/view/pdf/inforce/2016-03-22/act-1954-003
Gov.au. (2018). RightsAndProtections. Retrieved Sept 16, 2019, from ECommerce: https://www.ag.gov.au/RightsAndProtections/ECommerce/Pages/default.aspx
gov.au. (2019). Queensland Legislation. Retrieved Sept 16, 2019, from Queensland Legislation: https://www.legislation.qld.gov.au/
Legislation. (2019, September 16). Contracts Review Act 1980. Retrieved from Contracts Review Act 1980: https://www.legislation.nsw.gov.au/#/view/act/1980/16/full
Mack, K., & Roach Anleu, S. (2012). Entering the Australian judiciary: Gender and court hierarchy. Law & Policy, 3(34), 313-347.
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