First Principles of Business Law - the Coffee Shop and Legislation - Assignment Example

The Coffee Shop and Legislation Case Study in Business Law Name Institution Date The Coffee Shop and Legislation Case Study in Business Law Criminal law Criminal law is type of law that deals with criminal matters that people, corporation, and other types of entities make. In relation to business, criminal law brings the aspect of liability that a company may have as an entity. The concept of criminal liability is a way of regulating corporations in different ways such as vicarious liability. According to Pathak (2007), Donoghue v/s Stevenson (1932), criminal liability is highly evident. However, the law of tort is reflected in this scenario. For a crime to be evident, the aspect of Mens rea and Actus reus must be present in the scene. Actus reus is the act or omission of the offender while Mens rea is the guilty mind that an offender may poses. The coffee machine is a case criminal liability due to the delivery of a machine that does not work. Tort law Shella’s case is a tortuous case termed as a civil matter. Tort is a body of laws applicable to give relief for persons who have suffered harm, injury, or loss from wrongful acts of other people Street 1999), states. The individual who suffers loss or harm is a plaintiff in a civil suit while the person liable for the harm caused is the tortfeasor. Shella did not sec ure one of the umbrella’s that caused injury to one of the customers who sort for compensation. Shella as the tortfeasor had her duty of care breached by the failure of not securing the environment and its facilities and the unhealthy working conditions. Moreover, tortuous actions do not exist due to existing contracts between individuals and unlike criminal proceedings tort actions exist due to individual action. According to Street (1999), there are several remedies that, the law incorporates in making the torfeasor pay for committed breach such as injunction and compensation. Some of the tortious wrongs that can bring legal actions are defamation, trespass, nuisance among others. This cluster of law seeks to shift the blame to the wrong doer and compensate the victim. Moreover, tort can be evident through negligence, intentional wrongdoing, and ultra hazardous factors of the tortfeasor, which affect the legal application of the law. Shella is liable for negligence and ultra- hazardous factors. Contract law Unlike tort law, contract law is the legal intent to create a legally binding agreement between two parties under a mutual agreement towards the enforcement of duties and other reliable agreements. Contract law covers a large portion of agreement from sales to settlement of dispute within if need be. In this regard, a contractual breach is a failure to perform contractual obligation as imposed by laws and the existing mutual agreement Gillies (2004), notes. Several remedies can be applicable in business law when a contractual breach is experiences. Such remedies are specific performance, restitution, and damages. According to Larson (2010), moreover, a contract has several elements such as consideration, acceptance, offer, legal intention, and subject matter. A contract can be void, voidable, or valid. Shella had a valid and enforceable contract with the coffee machine suppliers who were liable to bring a good conditioned machine. Property and corporation law Gillies (2004), this type of law identifies the object submitted to ownership and the right to which the owner has in relation to the object or thing in existence, in this sense the word ownership holds the same meaning as property. In this the legal positions of how a corporation operates is different from property management. A corporation itself is a legal entity that can sue or be sue legally in any matter when it deems fit to do so. In relation to Tomasic, Bottomley and McQueen (2002), therefore, a corporation can sue its workers or even it s managers. In other practices when you deal with a property, legally you deal with the owner of such an asset. She opened a coffee shop instead of a sole trade. There is a clear distinction between property interest and corporate interest when it comes to a reference he law Gillies (2004), APA Co Ltd v/s Coroneo (1938), Shella registered a company as her own business. Since a company is a different entity, Shella plans act on its behalf. Application of the Law in the Case Study The law organizes and plans reasonable certainty through the enforcement of the regulatory bodies that act as supervisors in the community. This is evident when Stella decides to open a coffee shop instead of a sole business. The law empowers and gives rights and duties in the society. The law lays down rights and duties through the inventions of government bodies that run on daily bases to oversee how the society operates such as the municipal local authorities. It also permits and encourages practices through incorporation of remedies and consequences that different areas of law has in connection to responses of unequal gain and faults. This is evident when she gets a permit to put chairs, umbrellas on the coffee pavement. Remedy The establishment of contractual duties in relation to contract law imposes duties in the case study that both parties to certain agreements have to observe and perform. If a failure is experiences then consequences should be underway to rectify errors and make amendments. This is evident where the injured party seeks compensation from Stella after sustaining some injuries. This is evident when the court receives complains from an individual who has been harmed, injured or disadvantaged with no fault. When Stella is charge a fine of $1000 for failing in the health inspection The law states that ignorance of it is no defense in one of the latin maxim that the law provides. When an individual understands the law it becomes easy to practice the legal regulations and limits that, he is given in matters concerning his or her business at hand. Therefore, people are expected to know the law because, knowledge of business law is a key instrument in terms of business practices. Topic two Criminal law and other legal issues Alex is liable for a crime in this case study. In his case, he had the guilty mind of the offense because he was aware that contaminated waste was never to be stored at any place without a permit. In reference to Australian Human Rights Commission (2013), vicarious liability in this case may take place because if he had alerted his authorities two weeks before about making a permit for such disposal the company to which he is working for could liable through such liability. In another instance, if at all the whole issue occurred due to his own fault then he is personally liable for the offence in the evidential report of Actus reus and Mens rea in relation to the Contamination Avoidance Act 2006 (Vic). Among other area of law like tort and contract are partially not applicable however if need be them tort can be applicable if a person will suffer from the contaminated soil. Alex is guilty of the offence of storage of intoxicated soil within five-kilometer radius. The main reason why the parties should be aware of the law is for the purpose of enforcement of law and order throughout their course of duties. Where a party is aware of his or her legal duties then there is a rare possibility of them bending the law for their sake. Moreover, in all circumstances, ignorance of the law can never stand to be a defense to a crime or offence committed Gass D. (2014), notes. Alex could have found means to get a permit for the contaminated soil that he was to store for hours before disposing. In another, way he could have parked the vehicle into which the soil was stored at least five kilometers away from the riverbank or river. Sources of law in Australia Common law The common law is the law of England used by the commonwealth countries. There are some articles of laws adapted to date in the Australian constitution. The common law was based on stare decision and precedents that dominated in the making of decision in the kings court. Common law is also English law. Customary law Customary law is traditional rules and regulation formed through norms and values that the ancient people observed. In this regard, some laws are incorporated to cater for matter that needs to be attached to the customary laws. The legislation The laws made by legislation or other bodies of the law make up the statutes. This consist of, legislative bodies like the municipal councils among other acceptable bodies and commissions in the state. Another aspect of the legislated laws is what is termed as the stature laws. Constitution Any other law is valid if it is consistence with the constitution. Any law that is repugnant or acts in inconsistency to the constitution is null and void. The legal implication of this is to make the constitution the supreme law of the land and give it a high power of operation unlike the other sources. The legislation and case law The sources of law raised in this media report are the case law that were used in common law through the precedents made from previous cases with similar circumstances. The legislation is also another source of law that is highly relative in the laws that are mentioned in this media report such legislations are like the Contamination Avoidance Act 2006 (Vic). Application of the Law in the Case Study Organize and plan The law sets out rules and regulation are observed and respected. Where the law sets up that any toxicities substance should be positioned not less than five kilometers away from rivers and riverbeds. The law also states a time limit for the application of the permit that Alex was to have by that time. Establishment of rights, duties, power in the society This is through, the enactment of articles and provisions that Alex neglected the Contamination Avoidance Act 2006 (Vic). Permit or forbid particular activities. Alex should have been aware of what he was supposed to do and thereby avoid committing any wrongful or unlawful acts. Creates enforceable rights and duties The right and duties are enforced through notification. Alex was notified by the officer about his duties that he had neglected. Thereby, he became aware of his unlawful actions, which he was fined for. Remedy Alex fined $1000.00. However, the law state that a fine of not more than $ 5,000.00 can be imposed to any person who breaks the law. Conclusion The coffee shop and the contaminated soil case study are evident circumstances that show that business and law work hand in hand. It is important to note that the law is sovereign even through its interpretation, the literal and golden rule are key factors to show its distinct nature and precision. Moreover, in both cases the different areas of law intermingle to create a significant application in business law in every circumstance. In addition, the law is a set of rule and regulations imposed by the state to people for the people. Any law breaking results to serious consequences. However, certain remedies can be applicable although not in all circumstances. Reference Tomasic, R. Bottomley S. & McQueen R. (2002). Corporations Law in Australia. NY: Federation Press. Street, T. A. (1999). The Theory and Principles of Tort Law. Beard Books. Gillies P. (2004). Business Law. Sydeny. Federation Press. Larson, A. (2010). Contract Law - An Introduction. Retrieved January 8, 2013 from http://www.expertlaw.com/library/business/contract_law.html Pathak. T. (2007). Legal Aspects Of Business Publisher. New York. Tata McGraw-Hill Education. Australian Human Rights Commission (2013), Employer Responsibilities : A Guide to Vicarious Liability https://www.humanrights.gov.au/employer-responsibilities-guide-vicarious- liability Low, J., Hattingh L & Forrester K. (2009), Australian Pharmacy Law and Practice Sydney. Elsevier Australia Gass, D. (2014). Importance of Business Law Knowledge. Retrieved January 8, 2013 from http://www.streetdirectory.com/travel_guide/154234/exercising_and_running/importance_of_business_law_knowledge.html Read More