BZ203 Business Law Assignment Sample
Here’s the best sample of BZ203 Business Law Assignment, written by the expert.
Section 1: LEGAL RESEARCH, ANALYSIS AND WRITING
- What is the name of the Appellant?
- Leichhardt Municipal Council is the appellant.
- What is the name of the Respondent?
- Mr Montgomery i the name of the respondent.
- What are the names of the judges who decided the case?
- Gleeson CJ, Kirby, Hayne, Callinan, Crennan JJ are the names of the judgesbwho decided the case.
- When was the decision handed down by the High Court?
- The High Court handed down the decision in 2007.
- What are the main legal issues in this case?
- The main legal issues arising in this case fall under the law of tort, namely, negligence and duty to care. The statute under which the issue is arising is Roads Act, 1993.
- What were the important facts of the case?
- The dude authority was the appellant in this case and was responsible to maintain the Parramatta Road, Leichhardt, in the New South Wales. Mr. Montgomery what’s the respondent in this case who was walking on the sidewalk that was adjacent to the road. According to Section 4 of the roads act of 1993, this site work consisted of a part of the road. A contractor was engaged by the Council named Roan Construction Pty Ltd for undertaking to work of repairs. The specified part of the work was that a carpet cover should be placed over the area that is being repaired do when work was not going on for the purpose of providing access to the pedestrians. In the stretch of the sidewalk that was relevant, telecommunication pet was there which had a broken cover that had been concealed in a careless manner with a car seat cover by the employees of the contractor. The carpet cover was misplaced due to which the respondent fell into the pit and suffered a serious knee injury. The respondent therefore brought a legal action against both the contractor and the appellant. Prior to the hearing, the former claim was instituted and the respondent continued with the action against the appellate for damages. Both breach of a non delegable duty and negligence was pleaded by the respondent. In the subject of finding, negligence simply site was not found either by the district court or an appeal that was made to the NSW Court of appeal.
- What were the legal principles applied by Justice Kirby?
- The duty of care is defined under the common law that the authority of road is a subject of reference to the nature of the powers given to the authority by the statute and the intention of the Legislature discernible from the conditions and terms granted by such powers are considered under the light of the purposes under which they are conferred. This was the legal principle applied by Justice Kirby.
- What conclusion did the majority reach and why?
- The majority concluded that even though there was a provision under the roads act, it did not preclude the responsibility of the Council, no imposition or liability was created by them for completing a specific form of Duty. The liability in accordance to the common law was to be determined on the discretion of the court the liability in accordance to the common law was to be determined on the description of the court is there was any for the injuries made to the pedestrian, Mr Montgomery, by the independent contractor.
SECTION 2: BUSINESS AND LEGAL ETHICS
Part A
It is very delusional when one has to see both corporation and the dereliction of duty that is virtually exposed in every aspect of public life. In spite of the daily routine of revelations the ability of the system especially the ability of the media and the judiciary in exposing in dealing with corruption at its highest level has been remarkable and can be referred to the most positive outcome. After an extensive survey it has been found that now there is a widespread of awareness for the requirement of reforming Business ethics in many aspects of public corporations, public administration, professional behaviour and governance. Lack of leadership is the continuous cause for the concern to identify and address complicated ethical dilemmas especially in the aspect of disclosure and conflict of interest (Crane, 2016). Feedback from industrial associations, professional bodies and University Business School show and an even and slow progress in ethical education. Several ethical centres have been situated and some of the prominent ethicist have been introducing innovative programs and giving ethical issues greater importance in the media. However, many medical centres and eminent ethicist are still taking precedence over values in management of curriculum and business organisations.
A high degree of moral confusion has been prevalent in Australia. It is the impression that has been found to be dominating as drawn from relevant publications, opinion surveys and various other initiative that have been sorted for addressing ethical problems. An impression of the same kind is confirmed by another survey recently conducted that included a white cross section of the communities and covered about businesses, universities, professional bodies in government agencies. The collective sense of disappointment and shock even the sense of shame has still been coming through very strongly. A pervasive sensors also been unleashed that are not enough is being done for preventing the same from occurring again. Very few people in the senior position, relatively, are speaking out fluently, frequently so compelling the ethical issues. The top executives of the corporate a seemingly a lot more equal vocal about their roles of leadership and have a very little understanding of how a culture may contribute in shaping and changing the corporate world (Trevino, 2016).
The very purpose the very purpose of business ethics and ethical code in Australia is to rain force and describe conducts that are based on core values of guidance and are consistent with moral practices and policies and are essential to the regulatory and legal obligation of compliance. It has the objective of providing a supportive and a safe environment where business will be fairly done and respect will always persist. The business ethic and ethical codes of Australia act as a compass that helps in guiding the corporate, public authorities and government to fully walk in accordance to corporate values by upholding moral principles and policies for adhering to the legal requirements of the nation. The ethics set a clear expectation of what should be done and what one should abstain from doing (Garegnani, 2015).
The corporate social responsibility is a type of self regulation international private business association that create organisational policies. The corporate social responsibilities have been attracting attention from ranges of stockholders and businesses. The corporations of Australia have been resorting to CSR four compliance of ethical business. Once CSR could be described as corporate ethics strategy or an International Organisation policy (Schwartz, 2017). However, with the development of various International laws and the birth of various organisations CSR have been pushing its authority beyond industry wide or individual initiatives. Even though it is considered as a body forming corporate self regulation for a very long period of time, from the last few decades it has considerable moved from making voluntary decisions at the level of industry or individual based organisations two schemes that a mandatory at regional, National and also transnational levels. For example the interest of stakeholders and Business models and its principle and regulations are made by CSR (Suliman, 2016). The dollars and cents company must be keeping the above explanation in mind and also be complying to the bible that says love God and love your neighbours while making banking policies.
PART B
The Code of Banking Practice can be defined as a set of promise that outlines how a bank should perform and conduct itself in various dealings with its consumer as well as its performance of specific requisite for banking services. The Australian Banking Association is the owner of the code of banking practice and also publishers it. An important part of it is also formed by the Australian Banking Association for the broader financial services that are provided to customers for Consumer Protection framework. Any bank may choose to sign up to the court of Banking practice (Michael, 2016). It should be a voluntary act. However, when they do so they make a promise for meeting the standards of the court regulating good banking practices.
The new Code has introduced a vast range of new measures for making the products of Banking easier to be understood and focuses more on the interest of the consumers. A strong commitment is represented by the banking practice code towards responsible lending, ethical behaviour, increased transparency and greater financial protection. As the new Code requires the banks must value their customers and adaptation of the court is a huge step put forward to provide better banking services for people residing in Australia (Howell, 2015). The consumers can see benefits that are tangible which will be consisting more information about the various alterations that are made to their accounts, add on of insurance products delay of offering and contracts that are similar with lesser terms for getting a business loan. The key of commitment and obligation in regards to the banking industry is set out in the banking practice Code for the consumers for standardising different banking practices, principles of conduct and disclosure for their services of banking. The court is applied to both business Bank consumers and personal customers (Howell, 2016).
It is important that the company dollars and cents subscribe to the court of Banking as it is requisite for the details Bank of Australia to sign up the banking code of practice that has newly been introduced, in the industry as a condition of membership to the authority of Australian Banking Association. The new code has been read it in an updated for meeting better lines of services for the standard community and is both binding and unforeseeable. The CEO of the Australian Banking Association has mention two that it has now become a requisite of Australian Banking Association membership was significantly ramping up the efforts of the industry for improved culture and conduct of banking system. Initially it was a voluntary method for signing up to the court and dependent upon an individual Bank if it wanted to do so but however the new Court focuses that a new customer in the Retail Industry of Banking should essentially sign up to the code for gaining and Australian Banking Association membership with a detailed presence. The new Court is binding in nature and also forms part of contract of relevant customer that is enforceable by the law and will be therefore monitored by an independent body of authority. The residence of Australia of the expectation that their bank will be operating in an appropriate and ethical way when they make application for home loan, credit card, small business loan or other product of banking services. The Australian Banking Association is of the view that even though much work is still left to be done, the banks of Australia must get serious about January formation office banking services and conduct in a way that will be addressing the culture and the conduct in accordance to the Banking code of practice that will be regarded as a cornerstone for such efforts. The industry of thanking in Australia must be committed to genuine reformation which will help in rebuilding the trust of the people residing in Australia. With the introduction of this new coat an important step will be taken to watch the right direction of ethics, morality and principles. The banking practices court will be delivering alterations across the boat with all Plain English contracts for businesses that are not anymore unsolicited in their offerings for increasing the limit of credit cards. Greater transparency around the banking free will also be insured and customers will be having the ability to cancel their credit cards online. It is requisite for the banks that have signed up to the court for including in its statement of contract as the court applies which in turn will be legally enforceable document. The court will be acting as a document that can be taken to the court if a breach is made. The implementation period for such is 12 months. Also an independent body namely the banking code compliance committee will be monitoring and overseeing the compliance of the code. The committee will be having the power to be investigating the bridges of the court and will be applying sanctions if such is deemed to be necessary.
A breach of court can also be referred by anyone to the committee. An allegation can also be referred to the committee against the bank in case of breach of the court to the external scheme of dispute resolution of the bank along with the financial ombudsman service if the consumer has been suffering a loss and has not been satisfied.
References
Crane, A., & Matten, D. (2016). Business ethics: Managing corporate citizenship and sustainability in the age of globalization. Oxford University Press.
Garegnani, G. M., Merlotti, E. P., & Russo, A. (2015). Scoring firms’ codes of ethics: An explorative study of quality drivers. Journal of Business Ethics, 126(4), 541-557.
Howell, N. J. (2015). Revisiting the Australian code of banking practice: is self-regulation still relevant for improving consumer protection standards. UNSWLJ, 38, 544.
Michael, B. (2016). Banking: Lenders beware: Failing to assess a borrower’s repayment ability may let a guarantor off the hook. LSJ: Law Society of NSW Journal, (21), 86.
Schwartz, M. S. (2017). Corporate social responsibility. Routledge.
Suliman, A. M., Al-Khatib, H. T., & Thomas, S. E. (2016). Corporate social responsibility. Corporate Social Performance: Reflecting on the Past and Investing in the Future, 15.
Trevino, L. K., & Nelson, K. A. (2016). Managing business ethics: Straight talk about how to do it right. John Wiley & Sons.
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