SOLUTION: BUSINESS AND CORPORATE LAW | My Assignment Tutor

1BUSINESS AND CORPORATE LAW2Table of ContentsAnswer to question number 1 …………………………………………………………………………………… 3Answer to question number 2 …………………………………………………………………………………… 4Answer to question number 3 …………………………………………………………………………………… 5Answer to question number 4 …………………………………………………………………………………… 6Answer to question number 5 …………………………………………………………………………………… 7Answer to question number 6 …………………………………………………………………………………… 7Hyperlinks ……………………………………………………………………………………………………………. 9References ………………………………………………………………………………………………………….. 103Answer to question number 1The doctrine of the precedent is defined as the those set of the principles1 which are followedat the time of judicial decision-making procedure of the courts at the higher level. This decisionof the judges that are dependent upon those facts which are quite material, and followed whilethe past decision regarding judiciary.The fundamental use of this doctrine that is the doctrine of the precedent, that it has beeninfluencing the judges for the consideration of reasoning of the some similar past cases forcollection of the factual evidences2. There are numbers of the political ideas which tells aboutthe norms and the regulations, of the law that are inherited in some moral values which aretaken into the consideration in the doctrine of precedent. There is different observation in acloser basis for the doctrine of precedent, which do help in the progressing state of the law.This would help in making the citizens aware of their legal duties as well as the rights and theresponsibilities. There is a legal system of the country Australia3 which takes into theconsideration about the doctrine of the precedent as one of the legal principles that keepfocusing up on the past decision of the higher court on the legal basis.For example- in the legal decision of Brown v Board of Education3, that guides future orcoming laws about desegregation. This case can be taken into the consideration as this caselaw explain about the different elements of some logical reasoning which are followed by thehigher level of the courts that usually takes some decision about the duties which are bindingon the involved legal parties.The concept of the binding precedent is helpful while taken into the consideration of followinglegal decision that are taken by high court when the case scenario is quite similar. The situationof the previous case helps in taking some relevant decision, if considered then for example say,the decision which is legally taken up by the high court is bound that it would be followed byvarious other level of the subordinate4 courts in the country of Australia. If taken into the1 Baude, W. (2020). Precedent and Discretion. The Supreme Court Review, 2019(1), 313-334.2 Ben-Shahar, O., & Porat, A. (2019). Personalizing mandatory rules in contract law. U. Chi. L. Rev., 86, 255.3 Botero, D. A. E. (2020). To what extentd do judges make law in the Australian Common Law system?: Basis from thecommon law judicial law creation for continental law systems. Verba luris, (43), 117-128.4 Prasad, B. (2019). Law of Contract I & II.4consideration, the case of persuasive incident, the decision of superior court is required thatthis decision would be considered.Answer to question number 2Issue of the caseIn the given case, the scenario is all about the violation of the law of the contractual termswhich are legally binded to the fido house and Emily. As per the simple contractual laws basedon the employment, the fido house has recruited Emily as their part time graduate assistant forone thousand dollars per month. There would5 be lack of previous work experience whichinfluenced her (Emily), to take this job offer as she was very much interested of working in themarketing position of the job. However, there has been poor level of the funding which hascreated some financial problems, and thus fido house was unable to pay some remaining salaryof Emily. She was asked to leave the job, without getting the due pay. The firm also decidedher to provide work experience, but there was no written contract between both the parties.What is the element of offer and acceptance that help Emily to find out the issue of such breachof the contract?Rule of the lawIf we want to have some legal agreement5 between two parties, there must be offer as well asan acceptance.The case of Shahid v Australian college of Dermatologists (2008) 168 FCR 44, in this caseit was considered that where there is some poor intention of both the parties that could createan issue for the developing of the valid contract. However, when there is discharge of the termsof the contract and the details about the element of the performances which would beinfluencing the involved parties so that the agreement could be terminated. Here the frustrationof the contract also must be considered so that the legal system between Emily and the fidohouse could be managed up on.Application of the law-5 Savelyev, A. (2017). Contract law 2.0: ‘Smart’ contracts as the beginning of the end of classic contract law. Information &Communications Technology Law, 26(2), 116-134.5Here we are applying the contract review act NSW 1980, are help in the assisting of findingout the liability of the firm so that the legal promises of both the parties could be maintain.There is termination of the contract, without any prior notice to the aggrieved party has madethe fido house liable.On the other hand, if we apply the rule of frustrated6 contract act, NSW, 1978, help in theaddressing of the poor financial conditions so that there is some chance of reducing the liabilityof fido house.ConclusionThis is concluded from the given case analysis that the legal promises of the verbally bindedcontract, help Emily to claim her due payment and another rule of frustration help the fidohouse to make some possibilities of the mutual settlement.Answer to question number 3Issue of the caseIn the given case study, the party faces an issue of termination of two contracts. A junior golfplayer and his parents has made an agreement with two other companies. However, the parentshave made a decision of terminating these agreements after observing that the unfair treatmenthas been done by the lion.What is the liability of minor in legal8 contract?Rule of the lawThe rules of minor act NSW, 1970, helps in addressing the civil act to consider the requireddetail about the legal bindings of the minor.Application of the lawUnder section 18, of minor act, help7 in explaining the necessity of participation of the minorin the contract and under section 6, the legal binding of minor is explained. The case of Celotexcorp v Catrett, 477 US 3178 will be helpful to explain the liability of the minor. There is the6 Prados, M. D. (2019). Verbal and nonverbal engagement devices in business persuasive discourse. Engagement inprofessional genres, 301, 217.7 Méndez, R. C. (2018). Analysis of the new regulation of the minor contract law 9/2017, of 8 november, on public sectorcontracts. Revista de Estudios de la Administración Local y Autonómica, (10).8 Rana, A. A. (2020). Essentials of a Valid Contract: A Comparative Study of Islamic Law and the Contract Act,1872. Available at SSRN 3753738.6close observation of such common rules which will help in the addressing of the authority ofthe minority so that the legal agreement could be terminated.ConclusionIt is concluded that there is limited liability9 of the supplied goods of apparel and sportscompanies which help Lion deal to take the action against the minor. The lack of understandingto a minor could help them for avoiding of the legal mitigation.Answer to question number 4The court has implied the terms into the contract when the parties involved to make a sufficientconduct. There is a mutual agreement of both the parties without any involving of the verbalas well as written agreement which help in the mentioning of the implied terms of the contract.In the case law Carlill v Carbolic Smoke Ball Company, 1892, of there is mentioning aboutthe implied legal terms of the agreements which benefits about such liability of the agreement.9 Rana, J., Papp, J. K., Lebens-Higgins, Z., Zuba, M., Kaufman, L. A., Goel, A., … & Piper, L. F. (2020). Quantifying thecapacity contributions during activation of Li2MnO3. ACS Energy Letters, 5(2), 634-641.7The implication of the terms of the laws are dependent on the expressed consent of the both ofthe parties who are involved in a contract. The10 implied terms help in the sharing of the clearexpression, of the parties so that legal bindings of such agreements are secured. These impliedterms are also used for the securing of the custom or the trade usage.Answer to question number 5a. Any action for the specific performance helps in defining of the order that is providedby the court which allow that breaching party is required to perform such legalagreement, in some specified manner. The plaintiff asks for such order when thecompensation s not enough for the same. The remedies of such performance are notadequate and thus reward shall not be provided in the terms of the personal service ofsuch contractual agreement. The case law of permanent trustee co ltd v O’ Donnellexplains about the unjust enrichment that would be causing very severe damages to theparties involved. The rule of the contract review act NSW, 1980 is focusing on suchterms which are unjust and thus works as a reason to violate the terms.b. The injunction is defined as the order where both the parties are ordered to withdrawtheir part of the legal duties11. When the process of the termination is considered andthus influences the plaintiff for sharing of some detailed information, about the reasonwhich are behind the ending legal agreement. There could be the possibility of theinjunction remedies which also acts as the remedy taken in the dispute regardingcontractual issues. There is the implementation of the injunction12 remedy which resultin the termination of the legal liabilities of the parties who are involved.Answer to question number 6Issue of the caseIn the give case, Katie has been focusing on the issue of the liability of the shareholders thatare mentioned in the legal agreements of the corporation act 2001. Katie is the shareholder of10 Sohoni, M. (2019). The Lost History of the Universal Injunction. Harv. L. Rev., 133, 920.11 Tan, C. H. (2020). Implied Terms in Undisclosed Agency. The Modern Law Review.12 Walpola, S. (2017). The development of the high court’s willingness to overrule common law precedent. Federal LawReview, 45(2), 291-314.8Nimble technology Pty ltd and has observed that there is unequal distribution12 of the poweramong the existing members of the company.What are the various legal actions to be considered by Katie?Rule of the lawIf there is the implementation of the rules of the corporation act, 2001, we get the benefits toget an idea about the rights of the shareholders of the company. The shares are defined as thepersonal property which are also considered as the ownership of the shareholders in the termsof the investments made by the shareholders on the financial terms. This legal rule help in theconsideration of the legal rules that what mean miss Katie could use to get the informationabout unfair activities of the company.Application of the lawUnder section 1070, of the corporation act, 2001, that is all about the shareholders and theirownership in the company. And as Katie is having the ownership of the company and thus, shemust gather all the information about the ways13 which are required to be followed by firm forthe sharing of the profit. Under section 246 (D), the rights of the minor stakeholders arementioned. And under section, 173(1), the authority of the shareholders is mentioned.The case law Eclairs Group Ltd v JKX Oil Gas & Gas Plc, of is helpful to get some detailedinformation about the liability of the company, so that the necessary changes could be madewhich are guided under section 274. The clause which is replaceable helps in the identificationof the legal action that is required to be considered against the unfair action of such existingdirectors of the company.ConclusionIf there is analysis of the corporations’ act, 2001, it is concluded that a shareholder is havingthe right of the inspection of the register as the beneficiary of the company. The claimant couldbring the breach of the contractual issue against the deceptive conduct done by the directors.13 Yang, L. (2018). The Boundary of Using Excessive Cost of Performance as a Reason to Exclude the Right to SpecificPerformance——Analysis of the Case of Commercial Shop Sales Contract Disputes between Xinyu Company and FengYumei. Political Science and Law, 02.9HyperlinksLawhandbook.sa.gov.au. 2021. Case law. [online] Available at: [Accessed 15 February 2021].Australiancontractlaw.com. 2021. Australian Contract Law | Julie Clarke. [online] Availableat: [Accessed 15 February 2021].Australiancontractlaw.com. 2021. Aus Contract Law | Case | Ermogenous. [online] Availableat: [Accessed 15 February2021].Legislation.gov.au. 2021. Australian Charities and Not-for-profits Commission Act 2012.[online] Available at: [Accessed 15February 2021].Legislation.nsw.gov.au. 2021. View – NSW legislation. [online] Available at: [Accessed 15February 2021].Classic.austlii.edu.au. 2021. MINORS (PROPERTY AND CONTRACTS) ACT 1970 – SECT6Definitions. [online] Available at: [Accessed 15February 2021].Australian Contract Law. 2021. Implied terms — Australian Contract Law. [online] Availableat: [Accessed 15 February 2021].10ReferencesBaude, W. (2020). Precedent and Discretion. The Supreme Court Review, 2019(1), 313-334.Ben-Shahar, O., & Porat, A. (2019). Personalizing mandatory rules in contract law. U. Chi. L.Rev., 86, 255.Botero, D. A. E. (2020). To what extentd do judges make law in the Australian Common Lawsystem?: Basis from the common law judicial law creation for continental law systems. Verbaluris, (43), 117-128.Bray, S. L. (2017). Multiple Chancellors: Reforming the National Injunction. Harv. L. Rev.,131, 417.Campbell, A., Alexandra, J., & Curtis, D. (2018). Reflections on four decades of landrestoration in Australia. The Rangeland Journal, 39(6), 405-416.Geddes, A., Schmidt, T. S., & Steffen, B. (2018). The multiple roles of state investment banksin low-carbon energy finance: An analysis of Australia, the UK and Germany. Energy Policy,115, 158-170.Giancaspro, M. (2017). Is a ‘smart contract’really a smart idea? Insights from a legalperspective. Computer law & security review, 33(6), 825-835.Gibbs-Kneller, D., Gindis, D., & Whayman, D. (2021). Not by Contract Alone: TheContractarian Theory of the Corporation and the Paradox of Implied Terms. European BusinessOrganization Law Review (EBOR).Kubasova, U., Murray, G., & Braley, M. (2019). Analyzing verbal and nonverbal features forpredicting group performance. arXiv preprint arXiv:1907.01369.Lai, J. C. (2021). Taking Nature Seriously: An Implied “Natural Contract” to Patents?.Méndez, R. C. (2018). Analysis of the new regulation of the minor contract law 9/2017, of 8november, on public sector contracts. Revista de Estudios de la Administración Local yAutonómica, (10).Morgan, B. (2018). Legal models beyond the corporation in Australia: plugging a gap orweaving a tapestry?. Social Enterprise Journal.Prados, M. D. (2019). Verbal and nonverbal engagement devices in business persuasivediscourse. Engagement in professional genres, 301, 217.11Prasad, B. (2019). Law of Contract I & II.Savelyev, A. (2017). Contract law 2.0: ‘Smart’contracts as the beginning of the end of classiccontract law. Information & Communications Technology Law, 26(2), 116-134.Sohoni, M. (2019). The Lost History of the Universal Injunction. Harv. L. Rev., 133, 920.Tan, C. H. (2020). Implied Terms in Undisclosed Agency. The Modern Law Review.Walpola, S. (2017). The development of the high court’s willingness to overrule common lawprecedent. Federal Law Review, 45(2), 291-314.Wexler, Y., & Shashua, A. (2019). U.S. Patent No. 10,291,949. Washington, DC: U.S. Patentand Trademark Office.Yang, L. (2018). The Boundary of Using Excessive Cost of Performance as a Reason toExclude the Right to Specific Performance——Analysis of the Case of Commercial Shop SalesContract Disputes between Xinyu Company and Feng Yumei. Political Science and Law, 02.