Business and Corporations Law - Answer 1

  • Issue

The issue in the present case study is that of being cheated. In this case Ms Karla Tulli was not a “Fellow of CPA Australia” but still wrote this in an advertisement. Although she was a certified practising accountant who had two specialisations in accounting and finance and used to run a small accounting firm for only three years.

Rule

Contracts Review Act 1980 (NSW)

Application

There are five essentials of a contract namely; agreement, consideration, capacity intention, and certainty. The rule is that in order to be a valid contract please elements are to be fulfilled (Capper, 2009). But in the present case the intention was to enter into a contract with a fellow of CPA Australia and not a person who was just specialised in accounting and finance. Thus, there was no intention to enter into a contract with such a person who is not a fellow of CPA Australia.

Conclusion

Thus, the principles of contract law apply here. 

Hence, the contract stands void ab initio as there was no agreement between the parties to enter into this contract. The contract was a contract based on fraudulent grounds. The contract stands null and void and can be invalidated under the principles of Contract Law (Honey, 2007).

  • Issue

In the given case study, the issues which arises is that of a valid contract. The definition of contract needs to be satisfied in order to be a valid contract.

Rule

Contracts Review Act 1980 (NSW)

Application

The rule is that Australian contract law concerns the lawful implementation of guarantees that were made as a significant part of an arrangement transparently went into, molding and framing a legitimate relationship called an agreement (Fisher & Greenwood 2007). The customary law in Australia relies upon the procured English agreement law, with exact legal modifications of standards in certain zones and the progression of the law through the choices of Australian courts, which have isolated decently from the English courts particularly since the 1980s.

There Are Five Essential Elements Necessary in Order to Make Simple Contract Valid (Quinlan, 2018):

Agreement between the parties. There can't be an uneven agreement;

Consideration an arrangement essential: all around, the deftly of money, property or organizations or an assurance to grasp, or not endeavor a particular exhibit as a byproduct of something of noteworthy worth;

Capacity to enter legal relations (for example, of sound mind and real age);

Intention by the parties to go into legitimate relations (private non-business game plans between relatives may not show intension to enter a legally limiting arrangement and in this manner may not be enforceable); and

Certainty (the arrangement needs to complete, certain, obvious and official).

Conclusion

The nonappearance of any of these sections will imply either that there is in law no understanding or that the course of action isn't enforceable as a plan.

In this case there was an agreement but applying all the rules of contract law the agreement entered was for tax evasion which is not a lawful thing under the eyes of law.

Hence, the contract thus entered into was null and void.

  • Issue

In the case study the issue which arises is of satisfying the basic necessities of contract. Talking about basic necessities we will see that whether the essential elements were satisfied or not.

Rule

Contracts Review Act 1980 (NSW)

Application

The rule states that

Offer

No particular structure is expected to include an offer. An offer is a correspondence signifying an assurance to achieve something (or not achieve something) if the person to whom the offer is composed achieves something (or avoids achieving something) - or makes an assurance – thus (Dietrich, 2017). Offer can be made to the world all over. An offer may be made to an individual, assembling, or even to the world totally free.

Acceptance

Acceptance is an unequivocal verbalization (oral, created, or by lead) by the offeree consenting to the offer. An offer may simply be recognized by the person to whom it is facilitated and to build up a considerable affirmation this declaration or lead must happen due to the offer (regardless of the way that consistence with terms of an offer raises a rebuttable suspicion that the exhibit was done considering the offer) (Bant & Paterson 2017). It is sufficient if the offer was one purpose behind the offeree acting in the way s/he did - whether or not the common clarification.

A few cases from Australian courts have likewise influenced the conditions where legitimate move can be made with respect to contracts, perceiving factors that change legally binding commitments.

These incorporate circumstances including "unconscionable dealings" saw in a case where one gathering is at a "special disadvantage", or where a gathering works out "undue influence" saw in another case and will regularly bring about the agreement being announced void or voidable by the court (Dietrich, 2017).

Other vitiating elements may incorporate "misrepresentation" saw in a case in the event that it adds up to a bogus proclamation of a material truth made by the representor to speak to actuate the speak to go into the agreement and which has this impact, " misleading and deceptive conduct", "mistake" saw in another case "duress" saw in, a leading case and " unconscionable conduct” saw in, a leading case. By and large law, the solution for vitiating factors is rescission and full rebuilding, even in instances of outsider indecency (Quinlan, 2018).

Conclusion

Applying the rules stated above in the present case study shows that all the elements of contract were present in the contract. The contract contained all the essential elements needed to enter into a contract.

Hence, there was a contract between the parties.

  • Issue

In the present case the issue of remedy arises because the contract was not fulfilled. The parties entered into a contract of minimizing his taxes but failed to receive the services. There was no minimization of taxes and was fined also.

Rule

Contracts Review Act 1980 (NSW)

Application

When you make an agreement, you will be committing a breach on the off chance that you don't follow its terms, or on the off chance that you alter your perspective and choose not to play out your aspect of the agreement (Honey, 2017).

In the event that parties breach an agreement there are various cures accessible, including: reformatory harms to repay the guiltless party for any misfortune endured; a Court Order requiring the breaching party to complete his/her commitments; a Court Order restricting the party from breaking the agreement (Dietrich, 2017); and a Court Order to end the agreement and require the party who has breached it to place the guiltless party in the position he/she was in before the agreement was gone into.

The sort of cure and its accessibility would rely especially upon the kind of agreement and the sort of penetrate.

Conclusion

According to this rule Mr. Sam is entitled to remedies for the breach of contract. He has suffered loss due to the services not provided that were promised to be delivered at the time of contract.

Failing to deliver the services Mr. Sam can claim damages and remedies (Fisher & Peterson 2017).

Business and Corporations Law - Answer 2

  • Issue

Mr. Sam entered into a contract with Ms. Karla where it was promised that Ms. Karla will deliver some services to Mr. Sam, but Ms. Karla failed to deliver the services promised.

Rule

Competition and Consumer Act 2010

Application

The consumer guarantees are planned to ensure you get the service you paid for. There are three guarantees that apply to services (Capper, 2009). For this situation Mr Sam Tylor has paid for the services of "Fellow of CPA Australia".

The standards that apply in the customer ensures are-

Due consideration and ability

Fit for a specific reason

Administrations must be provided inside a sensible time

These standard Fit for a specific reason for existing is to be applied in the current contextual analysis. Mr Sam was accepting a specific assistance that should have been good for his purpose which Ms Karla neglected to convey. In the event that service you purchase neglects to meet an assurance, you reserve a privilege to a cure, for example, • refund • repair • replacement or exchange • compensation • cancellation of contract. The cure you are qualified for will rely upon whether the inability to agree to the assurance is major or minor (Honey, 2017).

Conclusion

Along these lines, for this situation with the use of the standards Mr Sam is qualified for • refund • repair • replacement or exchange • compensation • cancellation of contract as the services guaranteed were not conveyed.

According to the rule Mr. Sam is entitled to the services with due skill and care and for a specific purpose but Ms. Karla failed to deliver them.

Thus, there was a breach of Australian Consumer Law Guarantees and Mr. Sam in entitled to such remedies for the breach.

  • Issue

Mr Sam did not receive the services he had asked for. The services for not fit for a specific purpose and were not handled with due care. Thus, the delivery of the services did not meet the requirements.

Rule

Competition and Consumer Act 2010

Application 

The guarantees accessible are-

Accreditations as to availability for a particular explanation, etc (1) If: (an) an individual (the supplier) supplies, in return or business, organizations to a client; and (b) the customer, unequivocally or by recommendation, makes known to the supplier a particular purpose behind which the organizations are being secured by the buyer; there is an affirmation that the organizations, and anything coming about due to the organizations, will be reasonably fit consequently. (2) If: (an) an individual (the supplier ) supplies, in return or business, organizations to a purchaser; and (b) the client makes known, expressly or by proposal, to: (I) the supplier; or (ii) a person by whom any previous dealings or strategies as per the making sure about of the organizations were driven or made; the result that the customer wishes the organizations to achieve; there is an affirmation that the organizations, and anything coming about due to the organizations, will be of such a nature, and quality, state or condition, that they may reasonably be depended upon to achieve that result. (3) This region doesn't make a difference if the conditions show that the buyer didn't rely upon, or that it was silly for the customer to rely upon, the inclination or judgment of the supplier. (4) This territory doesn't have any kind of effect to a deftly of organizations of a specialist sort by a guaranteed artist or master (Quinlan, 2018).

Conclusion

Applying this rule Mr Sam is entitled to such guarantees as mentioned in the rule.

Thus, Mr Sam can claim these guarantees for the breach in the services and the services which were not provided.

  • Issue

For a contract to be enforceable, the offeror has to make an offer which the offeree has to accept willingly on agreement of the consideration worth the exchange of the legal subject. Both parties must be legally proved to be able to make decision and ascent into the contract (Dietrich, 2017). In order to be a valid contract, there needs to fulfilment of all the necessary elements of the contract. The issue which arises here is of valid contract.

Rule

Competition and Consumer Act 2010

Contracts Review Act 1980 (NSW)

Application

Hence from the analysis of the contract formed between Mr. Sam and Ms. Karla, Sam had express warranty to file less amount of tax by maximizing the tax relief for his business. Ms. Karla did the service as in agreement. According to contract law, any contract on illegal subject is unenforceable hence Mr. Sam's claim cannot prevail in court because the contract is void hence making Ms. Karla to evade liability of negligence (Bant & Paterson 2017).

Conclusion

According to the consumer guarantee, Ms. Karla had a duty an obligation to offer service with duty of care and skills as prescribed by the codes of ethics of CPA Australia fellowship, however she negligently included blank receipts and receipts which are not related to the business of Mr. Sam. Therefore Mr. Sam has claim to make against Mr. Sam for remedies for the damages that He will incur in payment of the penalty.

  • Issue

In the present case the issue of remedy arises because the contract was not fulfilled. The parties entered into a contract of minimizing his taxes but failed to receive the services. There was no minimization of taxes and was fined also.

Rule

Competition and Consumer Act 2010

Contracts Review Act 1980 (NSW)

Application

When you make an agreement, you will be committing a breach on the off chance that you don't follow its terms, or on the off chance that you alter your perspective and choose not to play out your aspect of the agreement (Honey 2017).

In the event that parties breach an agreement there are various cures accessible, including: reformatory harms to repay the guiltless party for any misfortune endured; a Court Order requiring the breaching party to complete his/her commitments; a Court Order restricting the party from breaking the agreement; and a Court Order to end the agreement and require the party who has breached it to place the guiltless party in the position he/she was in before the agreement was gone into (Capper, 2009).

The sort of cure and its accessibility would rely especially upon the kind of agreement and the sort of penetrate.

According to this rule Mr. Sam is entitled to remedies for the breach of contract. He has suffered loss due to the services not provided that were promised to be delivered at the time of contract.

Failing to deliver the services Mr. Sam can claim damages and remedies.

The sort of cure and its accessibility would rely especially upon the kind of agreement and the sort of penetrate.

Conclusion

The essential principled of Australian contract law is freedom of contract. However, similar to freedom in general, freedom of contract is subject to restrictions. One such limitation is that a provision in a contract that looks to force a penalty on a contracting party, isn't enforceable.

Thus, applying the above rule Mr Sam would be entitled to remedies and penalties in valid contractual agreement.

Thus, this not being a valid contract he will not be entitled to any claims or remedies.

References for Law and Religion in Western Australia

Capper, D. (2009). Common Mistake In Contract Law. Singapore Journal of Legal Studies, 457-473. Retrieved September 8, 2020, from http://www.jstor.org/stable/24870526

Honey, R. (2017). Renovating the Concept of Consent in Contract and Property Law. In Levy R., O’brien M., Rice S., Ridge P., & Thornton M. (Eds.), New Directions for Law in Australia: Essays in Contemporary Law Reform (pp. 337-346). Australia: ANU Press. Retrieved September 8, 2020, from http://www.jstor.org/stable/j.ctt1ws7wbh.36

Fisher, M., & Greenwood, D. (2007). Privity of Contract. In Contract Law in Hong Kong (pp. 393-410). Hong Kong University Press. Retrieved September 8, 2020, from http://www.jstor.org/stable/j.ctt2jc7r0.21

Dietrich, J. (2017). Consumer Protection, Recreational Activities and Personal Injury Compensation: Inconsistency in Need of Reform. In Levy R., O’brien M., Rice S., Ridge P., & Thornton M. (Eds.), New Directions for Law in Australia: Essays in Contemporary Law Reform (pp. 291-300). Australia: ANU Press. Retrieved September 8, 2020, from http://www.jstor.org/stable/j.ctt1ws7wbh.31

Bant, E., & Paterson, J. (2017). Statutory Interpretation and the Critical Role of Soft Law Guidelines in Developing a Coherent Law of Remedies in Australia. In Levy R., O’brien M., Rice S., Ridge P., & Thornton M. (Eds.), New Directions for Law in Australia: Essays in Contemporary Law Reform (pp. 301-310). Australia: ANU Press. Retrieved September 8, 2020, from http://www.jstor.org/stable/j.ctt1ws7wbh.32

Quinlan, M. (2018). Law and Religion in Western Australia: Cooperation or Conflict? In Franklin J. (Ed.), Journal of the Australian Catholic Historical Society. Volume 39 (2018) (pp. 73-92). ATF (Australia). doi:10.2307/j.ctvr7fbxc.9

Remember, at the center of any academic work, lies clarity and evidence. Should you need further assistance, do look up to our Law Assignment Help

Get It Done! Today

Applicable Time Zone is AEST [Sydney, NSW] (GMT+11)
Not Specific >5000
  • 1,212,718Orders

  • 4.9/5Rating

  • 5,063Experts

Highlights

  • 21 Step Quality Check
  • 2000+ Ph.D Experts
  • Live Expert Sessions
  • Dedicated App
  • Earn while you Learn with us
  • Confidentiality Agreement
  • Money Back Guarantee
  • Customer Feedback

Just Pay for your Assignment

  • Turnitin Report

    $10.00
  • Proofreading and Editing

    $9.00Per Page
  • Consultation with Expert

    $35.00Per Hour
  • Live Session 1-on-1

    $40.00Per 30 min.
  • Quality Check

    $25.00
  • Total

    Free
  • Let's Start

Get
500 Words Free
on your assignment today

Browse across 1 Million Assignment Samples for Free

Explore MASS
Order Now

Request Callback

My Assignment Services- Whatsapp Tap to ChatGet instant assignment help

Hire Certified Experts
Ask your Question
Need Assistance on your
existing assignment order?

We care

MyAssignmentServices uses cookies to deliver the best experience possible.
My Assignment Services acknowledges the academic integrity guidelines prescribed as per Australian Universities to ensure that the services, sample material, and study resources available on our website, in no way are utilised to commit academic misconduct of any type. All users of our services must adhere to and affirm acceptance of all conditions elucidated in our policy document on academic integrity.

Please accept and affirm the following to be able to continue exploring our website and services: I agree to NOT use any educational material, study resources, assignment samples, online mentoring services, available on the web domain www.myassignmentservices.com and all its subdomains to commit any academic misconduct. I have read and been made fully aware of the academic integrity policy of My Assignment Services and by clicking on the button below, I am in principle, wilfully and legally bound to adhere to guidelines of the academic integrity policy in whole and in part.
View Cookies policy | How we ensure Academic Integrity?