Law Essays

A legal practitioner is expected to have good professional conduct as well as personal conduct with respect to their practitioner's duties; both to the law, to the courts, to clients as well as to their fellow legal practitioners. Jake Stevens is a solicitor admitted to working as a solicitor in the firm of Scullards Lawyers of about 12 solicitors.

In this case, silence is seen to be the main misleading and deceptive conduct because the owner of the hotel Accommodation Noosa never made it known in advance to the supposed customer that there was a double booking and in any case, since he was the initial client, he would have the privilege of taking the holiday room first.

It is essential to state that the issue to be discussed involves Consumer Contract Law (CCL) where there is a situation of if the consumer has the right to be protected when it comes to rights of accommodation. The case is of a consumer who supposedly booked a holiday with Accommodation Noosa Pty ltd.

Legally John may have exposed himself to liability for the way he reacted when he was advised about the disappearance of Rose from her foster parent’s home. John may be accused of negligence because he ignored his responsibility to prevent harm to Rose.  Under the South Australia Children's Protection Act 1993, John should have immediately notified the Children's protection department of Rose’s disappearance from foster care.

Justice can be defined as that concept based on rationality, religion, fairness, ethics, equity, and rationality taking into account the inborn as well as inalienable rights of all citizens and human beings. Additionally, justice calls for individual and people's protection before the law and their civil rights without any form of discrimination based on national origin, gender, ethnicity, and age.  

The law provides rescission of the contract or damages for misrepresentation. Regarding negligent misrepresentation, the claimant can claim damages and rescission the contract. Thus, Manfredi can rescind the contract and claim damages for fraud and breach of contract, according to the relevant legislation and decided cases.

Falsehood in a statement recession holds a chance though it does not if the discovery of the evidence follows a lapse of time. Such lapse of time affects Mr. Manfredi seriously if he had already altered the vegetarian café then at that time it would be difficult to reseed since the likelihood was he had already spent money on renovations.

Instead of overly relying on Ainsworth to support the stance taken by Kevin Gray, the commerce test is essential, especially in testing what a property is in light of technological advancement. Several judges prefer going the commerce test way to ensure consistency between the commercial meaning and legal meaning of what a property is.

Looking at the above facts, it can be said that Mr. Manfredi was intentionally misrepresented by Mr. Eggplant in the sale of the Café. This is because the terms that were laid for the sale of the property were not made innocently, and there is proof of intentional fault with the documentation involved in the deal.

The reason for the deceptive or misleading conduct has been extensively deliberated in this essay. Massive Freak must meet as it has breached its contract with my client and gone against the provisions of the ACL. This explains why Jimmy can take legal action to ask for remedies against the massive Freak. 

The above-highlighted case centers mainly on contractual law. Therefore in consideration of the contracts signed, namely the two contracts signed by Marcus and the other two parties, contract law will play a major role in their determination. In Australian contract law, not many remedies are offered in situations where parties are found to have breached contracts that remain a wanting situation.

Fraudulent misrepresentation is a state where a person makes an intentional and false statement to induce someone to enter into a contract or business dealing. Courts rescind contracts entered into as a result of fraudulent misrepresentation. Fraudulent misrepresentation is a tort and sometimes it can be converted to reckless misrepresentation.  

It is very critical to define the roles of the case manager. According to Healey (1999), John’s case manager has the following functions; familiarize with John’s essentials and plan how to meet his needs. Then overhaul John by securing the necessary assistance. Audit his activities to ensure they are in line with what the law requires of him and ultimately defend him from baseless discriminatory accusations.

The Australian Consumer Law is a national law that covers consumer protection as well as fair trading. It forms Schedule 2 of the Competition and Consumer Act 2010. The ACL applies the same in every State and Territory of Australia. Through the ACL, consumers today are protected by their expectations in business conduct within Australia. 

The paper “Merriwa Suburb in Australia - Relationship between Legislature and the Judiciary» is a  potent variant on case study on the law. Merriwa, which lies approximately 36 kilometers north of the central business district of Perth, is one of the outer suburbs in the area. It is bordered by Ridgewood to the east, Butler to the north, Quinns Rocks and Mindarie to the west and Clarkson to the south.

The paper 'Contract between Xavier and Health Solutions Pty Ltd" is an outstanding example of a law case study. Before Xavier can exercise any rights under contract law he needs to prove there is a contract. Discuss whether there is a contract between Xavier and Health Solutions Pty Ltd. The basic three elements of offer, acceptance and consideration are necessary to form a contract.

The paper “Australia’s Corporations Act ” is a  meaty example of a case study on the law. The Corporations Act 2001 is a law that is used within the Commonwealth of Australia; it is a large set of laws dealing with corporations and companies. This law has been operational since the year 2001; it is used in regulating, formation, and operations of companies.

The paper “Commercial Law to Resolve the Issues of Homebuilt Ltd” is a brilliant variant of the case study on the law. A contract is a legally binding or enforceable agreement that is voluntarily entered by two or more parties. The contract obliges each party to do or fail to do something for the other party.

The paper 'Office Supply vs CompuHelp " is a good example of a law case study. The Office Supply and CompuHelp had formed an enforceable contract. John the owners of Office supply went seeking for services from CompuHelp through Sophie the salesperson. John was promised to get the services he was looking for from CompuHelp.

Evicting the tenant is necessary because it is the prime source promoting encroachment and defacement to the property, as vehicles are to be parked in the compound as a part of their service. Foreclosure of the lease may attract legal complications. Thus, an amicable settlement to the issue should be more appropriate and viable.  

Bowling (1999) researched the decrease in the rate of homicide in New York and believes that belligerent policing is only one factor that contributes to the decline of homicide. He states that the most persuasive argument for the increase and decrease of murder in New York is the increase and decrease of the crack cocaine sale.

According to the English Contract law, the formation of a contract involves an individual making an offer, and another individual accepting it by way of communication or acting on the terms of the offer. The agreement is normally enforceable if the terms agreed upon are certain and both parties agree that the terms are binding in court.

The author explains that the law assures the eligible employee under § 2614 that he/she shall be restored to the position he/she held before filing the leave when she returns to work and in addition, shall not suffer any diminution in salary or any other benefit by reason of such leave. Moreover, the employer must be employing at least 50 employees.

Roe approached the court with the plaint that Texan laws had infringed her constitutional right to terminate the pregnancy. With the decision in Roe v Wade, abortion was legalized in many contexts. This ruling had far-reaching effects on US society and served to unite the proponents of the view that life commences at the very moment of conception. 

Media Industry Fact Sheet, the estimated cell phone users in the United States as of 2010 have grown to more than 223 million. Moreover, cell phones have become a part of everyday life for most Americans because many people use their phones as a platform to support daily business activities and transactions.

Statistics suggest that 1 in 5 women and 1 and 71 men have admitted to having experienced completed rape or attempted rape in their lifetime. The increased incidences of sexual abuse in the country over the past couple of decades, particularly in the military and on college campuses, has garnered significant attention.

The city of Evansville, IN and their county has gone through the process of trying to consolidate operations. However, the recently ratified property tax caps have vested more urgency on local government to restructure. Members of the community have decided to embark on a reorganization effort rather than wait for a fiscal crisis.

Instead, it is the responsibility of both sectors to make sure that the needs of every person are provided for in a manner that can enable them to enjoy those benefits for a long period of time. Health should be the first consideration in any enterprise that can potentially affect human life (Arthur & Ronald 25). 

The paper tells that the process of selecting state judges is of great importance due to the primacy of being served with impartial and competent judges. Judicial decisions at all levels, from the traffic courts to the Supreme Courts, have an impact on all the citizens every day. Thus, every state in the USA has its own process of selecting judges in particular judiciary systems.

It can be surmised that there is no binding contract between Mary and Ruby. Consequently, Mary cannot have any contractual rights against Ruby. Since a binding contract had not been established between Mary and Ruby, the latter cannot be held liable for breach of contract, as per the provisions of the contract law.

The medical analysts and therapists have also been generalizing their treatment into a group of children instead of dealing with the most affected children and adolescents. According to the office of juvenile justice and delinquency prevention, children delinquents falling under the age of 12 are likely to become serious and violent offenders in the future.

In Henderson v Steven (1875) LR 2 HL, a few contractual conditions had been printed on the reverse of a document. The obverse of this document did not contain any notice relating to the presence of these conditions on the reverse of the document. It was held by the court that this constituted inadequate notice. 

The effects of misrepresentation include the formulation of an assumption of loss to the national government. In a scenario where it is discovered that an individual knowingly involved him or herself in misrepresentation, the guilty party will be charged to pay the courts an equivalent worth of the contract. 

In a similar case (Ring V Rutton), the administrative receiver of a corporation instituted proceedings against a director. The contention was that the director had advanced himself loans from the corporation. The loans happened to be valued at considerably inferior interest rates as compared to the predominant marketable rates. 

Unified School District V Newdow is a case in which Michael Newdow sued the United States Congress and Elk Grove Unified School District among other parties for making her daughter recite and hear other students recite the Pledge of Allegiance. The recital has a clause “under God” which Michael Newdow finds injurious to her daughter.

Many different views have been advanced based on the moral, legal, punishment and economic perspectives. A considerable number of states have banned the death penalty in their jurisdiction unless the federal government decides to do. The paper examines the advantages and disadvantages of capital punishment based on legal perspectives.

Post-Conviction relief is an appeal to a criminal sentence that challenges a conviction that has become final in the ordinary appellate process. A post-conviction habeas corpus relief is granted only in exceptional circumstances. This rule is based on the principle of respect for judgments made by the appellate courts.

 In criminal law, a person becomes criminally negligent after he or she does the following, omitting to do something that he or she is supposed to do, or doing something that he or she is not supposed to do, and by doing such acts disregards the safety and the life of another person (Saleemi, 2004).

Global Production (GP) Limited is a multinational company based in the Far East.  The company allegedly built a factory that displaced hundreds of residents on the Island.  The construction of the factory also brought about environmental damage to the ocean thus destroying the fishing industry which acts as the main source of income for the islanders.

Col Mustard ought to follow the designated procedures as stipulated by international law before Australia can file for his diplomatic espousal. The viable option at Col Mustard’s disposal is to file a suit through Batelsan’s legal framework in an effort to pursue claims against the Batelsan Government. 

English law: a basis of common law legal systems used in many commonwealth countries is the legal system of England and Wales. The English legal system has seen some developments over the years. These developments have at some time been affected by external influences. Other laws that do not derive from domestic legal sources affect the English legal system.

In the case law Tesco Supermarkets v. Nattrass, the court discussed how the ‘will of the company’ and ‘directing mind; should be determined, and whether employees are liable when proper instructions are not given by the board of directors. The case law sets out how corporations should be prosecuted.

Consequently, the parties to a contract cannot deviate from the contractual terms.  As such doctrine of frustration enables the parties to deal with situations, which make the agreement illegal, extremely difficult to perform, or commercially invalid, due to events that transpire after the conclusion of the contract.

When Ian and Anne Frost as directors of Windy Willow Winery Pty Ltd decided to purchase the Wine presses and other winery equipment they were acting on behalf of the company. According to the Corporation Act replaceable rule 2 which the company follows a company is run according to the direction of its directors.

The sudden illness of the King resulted in the cancellation of the coronation, and the court held that the contract was canceled due to frustration. The contemporary Australian legal position about such situations is provided in the ruling in Codelfa Construction Pty Ltd v State Rail Authority of New South Wales. 

Jack, Jill, and Marco were software engineers at Prologic Ltd before they were made redundant after the downturn of the IT industry. They are good friends and held social meetings to discuss various new ideas. Jack told Jill and Marco of his idea of developing a new computer game which idea is shared with Jill.

Conversion essentially consists of a positive wrongful act of dealing with goods in a manner that is inconsistent with the rights of the owner. This must be coupled to deny the owner’s rights or assert a right that is inconsistent with theirs. Among such rights is the right of possession to the immediate claim to it.” 

The judgment in R v Taktak exemplifies the judgment wherein a breach of a duty of care attracted legal liability for any resulting harm. The defending attorney was Gregory Scragg who cross-examined a pathologist on the estimate of the time of death. Mr. Taktak was a man that arranged prostitutes for a drug dealer.  

The individual does not clearly show what they wanted to do with the wheelbarrow as during questioning they may defend themselves saying that they thought the inverted position was not appropriate. Integrity entails using relevant questions to bring out the intent clearly while at the same time reducing the convictions upon the individual.

John can argue that there was no breach of section 18 of the Australian Consumer Law (ACL) and that the misleading conduct since Chen did not rely on John's ability to complete the renovation by the end of June before he entered the contact but he relied on John’s building and renovation skills, not his punctuality.