Table of Contents

Part A..

Issue.

Identify.

Apply.

Justify.

Conclusion.

Part B..

Research.

Illustration.

Conclusion.

Reference.

Commercial Law - Part A

Issue

The study discusses a matter which is related to "Fast Campers Pty Ltd". The name of the company’s manager is Russell. Russell goes to the PWD's officers for collecting the BAS and payroll reconciliation in January 2020. STP payroll, annual tax returns, and the BAS of Fast Campers are prepared by PWD. Then after visiting PWD Russell coming back to his car which is parked in the office of PWD, there he saw a box near the rubbish bin of PWD, that box is with some papers he go thee to see the paper he found some paper related to his company and some other company then collects the paper of his office and take it with him to the office. Then placed those papers in a secured place. In April 2020, Russell working in the office and get quiet time then he started to check out about the competitor company named “SI Campers”, then he found that the same model of fresh “Soopa Campa" which is designated by Fast Campers was launched by "SI Campers". The price range of the SI van is much less than the Fast campers van. Russell sends his designated model to the PWD previously, so he gets back to his office and checked that papers which he founded in the bin of PWD but he did not obtain that model paper. Then Russell called the office of PWD and PWD"S partner named Anna received the call and confirmed that documents related to Soopa Campa are also not there in the PWD office. After that statement, he reminds us that all the documents of FAST Camper Company were disposed of a few months ago. Anna maintained the document was always securely tattered. But it was also obtained that the backyard of the "SI Camper" office is at the same place from where Russell founded the documents in PWD’s office laneway.

Identify

Here the discussion is happening regarding the partnership firm. By the above information, it is found that the PWD office did not take care of its responsibility regarding other company’s important documents. It is found that negligence took place in this case study (Raikes, and McBean, 2016). Negligence is provided under the "Law of Negligence and Limitation of Liability Act, 2008". Negligence by a person will infringe both the contract law and tort law.

Apply

There are some rights which are imposed upon the person who may suffer any damages due to the negligence of another party, those are

  • It is the right of every party to not infringe on the conditions of a contract.
  • The parties have to keep the important documents of the other party carefully.
  • If a party has to face any damages because of the other party's act then the first party has a right to compensation by the other party for the damages.

Justify

The study gives the information about the negligence act by providing different relevant cases with the subject matter those are “ Corporation of the Synod of the Diocese of Brisbane V greenway”, 2017, “D’Arcy v Corporation of the Synod of the Diocese of Brisbane”, 2017 and “Duffy V Salvation Army (Vic) Property Trust”, 2013 (McGregor-Lowndes, and Hannah, 2017). As it is identified by the study that there is an action taken place in which a party has to suffer due to another person's careless action or negligence (Clayton et al., 2019). According to this study, the FWD office is considered to be a defendant or a party because of whom the "Fast Camper company has to face huge loss as his significant document related to novel "Soopa Campa” founded by his competitor organization due to negligence act of PWD firm (Khalifa, 2015). SI Camper copied the same model which is made by Fast Camper organization and because of which he suffered the loss in the business market a SI Camper business also lounged the same product at a cheap price in comparison to Fast Camper business (Anantharaman, Pittman, and Wans, 2016). When the manger of “Fast Camper Company”, whose name was Russell founded that the paper concerning to the model or designed of “Soopa Campa” is not with them and after investigation he found that the paper is also not in the PWD office, then it is known that due to the negligence of the office that is PWD the crucial documents were lost and maybe handed over by SI Camper. 

Conclusion

The study explains the matter about a case study related to an act which is found under contract law and tort law. Here, the discussion comes out regarding the issues of the case, and identification of the legal rights according to the case scenario has been done from contract law and also from tort law. The analysis and application of the legal duties and rights were also discussed in this paper. The paper concluded by justifying the matters by doing some arguments and giving relevant cases to the case matter.

Commercial Law - Part B

Research

The paper stated about a company which is machinery limited company that is "Granville Machinery Pty Ltd". It is a business which is concerned about the selling of machines and also the equipment of the same product. The company sells its product to big industries. Usually, the company offers its goods to the consumers for full payment and also on credit way. Some essential conditions were enlisted under the conditions of the agreement which is in between the company and the clients of it (Mohamed, 2015). According to the article which is given by Mohamed, the machinery or some other product related to it had been made to provide useful and helpful machinery to the industries for decision-making and for simplifying the work of agricultural industries and some other industries too. 

Illustration

Here it is discussed that a company, whose name was “Granville machinery Pty Ltd” or “GMPL”, sells air compressor of large industries and also some items of the same equipment, which is used mainly in factories. The price of each machine is a minimum of $ 150,000 or more than it. The delivery of the machines is occurred in different industries with full payment or payment of credit term also by GMPL (Chen et al., 2018). The process of credit term payment has been occurred by the agreement of payment with a future date which is fixed and maybe the day after thirty days of purchasing or the day after sixty days of buying. GMPL includes some terms in the agreement of sales that is the title of machinery will not transfer to the client until GMPL had been paid fully. GMPL needs to manage or deal with some risk, which is explained in this content. Contemplate whether the expected choice of facilities was within the firm's ordinary mechanical skill to safeguard the procedures team may transport, whether internal or over delegating to the third person. The team is also needed to analyze the possibility to guarantee it is rational, clear, and completely defined (Subramanien, and Joseph, 2019). Furthermore, the procedures squad must have a contribution to whether grey parts occur within the possibility. For example, there is if it comprises all "substances practically inferable from" that appeal for the suggestion, that may comprise tasks the team does not antedate performing. If there is existing of gray areas, then the processes team can be capable to request an explanation from the customer.

There are some mandatory requirements for those prescribed terms and circumstances that the firm opinions as particularly significant when negotiating and evaluating contracts. Dependent on the customer and the environment of the effort, the given provisions can include, those are – Scope, cost, schedule, the standard of maintenance, mutual indemnification, abandonment of important damages, limits of liability, and many other. GMPL require to manage the conditions of the agreements in a way so that there is no risk of any damages regarding the company and also the clients of that company. It is also needed for GMPL to take proper care of the payment process during the selling of the products like machinery and parts of machinery (Merrett, and Ville, 2016). It is recognized that there may be risks that can take place regarding the identification of customers, so it is essential to investigate the background profile of the clients with whom the marketing of the goods of GMPL has been established. 

Conclusion

The paper describes an organization and its policy regarding its customer during the agreement of the payment process of the products. The company is a machinery company which does the marketing of machines and also some tools similar to the goods to big organizations. The study described the business entity and research it. Then it concluded the study by providing the illustration which includes the risks that can be emerged in the business entity and the management of it.

Reference for Granville Machinery Pty Ltd Analysis

Anantharaman, D., Pittman, J.A. and Wans, N., 2016. State liability regimes within the United States and auditor reporting. The Accounting Review91(6), pp.1545-1575.

Chen, Y., Huang, S., Davis, L., Du, H., Shi, Q., He, J., Wang, Q. and Hu, W., 2018. Optimization of geometric parameters of longitudinal-connected air suspension based on a double-loop multi-objective particle swarm optimization algorithm. Applied Sciences8(9), p.1454.

Clayton, E.W., Evans, B.J., Hazel, J.W. and Rothstein, M.A., 2019. The law of genetic privacy: applications, implications, and limitations. Journal of Law and the Biosciences6(1), pp.1-36.

Khalifa, M.A., 2015. Evolution of informal settlements upgrading strategies in Egypt: From negligence to participatory development. Ain Shams Engineering Journal6(4), pp.1151-1159.

McGregor-Lowndes, M. and Hannah, F.M., 2017. ACPNS Legal Case Notes Series: 2017-16 The Corporation of The Synod of The Diocese of Brisbane v Greenway.

Merrett, D. and Ville, S., 2016. Big Business in Twentieth-Century Australia. Centre for Economic History The Australian National University, Source Papers in Economic History, (21).

Mohamed, A.A.A., 2015. Optimization Model for Agricultural Machinery Selection in Elsuki Agricultural Scheme using linear Programming (Doctoral dissertation, Sudan University of Science and Technology).

Raikes, J. and McBean, G., 2016. Responsibility and liability in emergency management to natural disasters: A Canadian example. International journal of disaster risk reduction16, pp.12-18.

Subramanien, D.C. and Joseph, J.L., 2019. The right to strike under the Labour Relations Act 66 of 1995 (LRA) and possible factors for consideration that would promote the objectives of the LRA. PER: Potchefstroomse Elektroniese Regsblad22(1), pp.1-39.

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