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Australia's Tort Law Term Paper

… The two lawsuits analyzed elements of Wright J's basic principle but don't aim to alter or expand it. Nevertheless, Maxwell P. In Giller v Procopets introduced a powerful discussion for reformulating Wilkinson v Downton as being a cause of action relating to intentional infliction and involves psychiatric harm (Handford, 2012).

This was a case wherein the accused secretly videoed himself and also his de facto companion experiencing sexual activities, and following the relationship breakdown demonstrated or tried to present the video to her family and friends. Maxwell P. recommended that not just the legislation but also psychiatry have developed greatly ever since 1897;117 DSM-IV, as an advocate of the existing information, demonstrated that there was no evidently outlined boundaries isolating "recognized psychiatric disorder" from various…. [read more]


Law in England Essay

… Attractive, too, is the fact that both new evidence and considerations of law can be presented for Appeals. The Appeals court sounds more attractive in the Civil System. Furthermore, granted the fact that enormous controversy and shortfalls exist with the jury system, the Civil law seems to do better by omitting this institution from its practice. If the Judge is learned, energetic, and alert to the case and its demands as well as scrupulous and integral, the fact that he was loaded with so much responsibility may be advantageous. On the other hand, the fact that so much power is invested in one individual may prove disadvantageous to the system. Finally, the awkwardness and slow moving process of the civil system (taking far longer than…. [read more]


Law of Torts Assessment

… Reform of Tort Laws in Australia

Efforts have been underway in recent years to reform the tort laws in Australia in order to ensure that legal mechanisms are in place that will restore plaintiffs to their original condition prior to the tort to the maximum extent possible as well as to ensure that their future condition is equally balanced by the reparations made by the tort feasor. In the overwhelming majority of tort cases, this restoration is based on monetary remunerations for lost wages and medical expenses that occurred prior to the tort as well as such projected expenses in the future (Wells v Wells [1999] AC 345). The assessment of future damages, though, is more problematic and typically involves some type of actuarial analysis…. [read more]


Tort Exam Barnaby Willows Owns Assessment

… The correct test today, is to concentrate on the connection between the nature of the employment and the particular wrong. The courts would then decide generally, whether it is just and reasonable, to hold the employer vicariously liable.

The Vicarious Liability test would not prevent Ms. Potts from seeking damages from Mr. Loiselle for his actions that caused Ms. Potts to be injured. Rather, it would only prevent Ms. Blair from paying for damages that she would not have any responsibility towards. Ms. Blair will assert that at the time of the accident, Mr. Loiselle was clearly an Independent Contractor and therefore solely liable for the damages caused by his negligence toward Ms. Potts and therefore, Blair Inc. would not be liable to compensate any…. [read more]


Torts Fred and Anna Ivan and Rosina Term Paper

… Torts

Fred and Anna

Ivan and Rosina went out with friends to celebrate their engagement at Bar Roma. Trespass to the person in Australia is dependent on the directness of the act that has interfered with the plaintiff's right of autonomy. Australian law does not require the perpetrator to have intent to trespass (Williams v Milotin).1 Therefore, though Fred was intoxicated and may not have had conscious intent to violate Rosina's right of autonomy, he is still liable to suit in court. Fred's act was direct but unintentional. Fred's act of leering at Rosina and taking her picture without her consent caused her to be uncomfortable and to not to able to enjoy the ambience of the restaurant. This gives Rosina as a plaintiff in…. [read more]


Tort Reform Essay

… Tort reform critics, would contend that the prospect of unpredictably large damage awards would act as an incentive to reduce the company's reckless behavior.

However, let us digress a bit. The facts of the Pinto case are clear. Even during the 1970s and 1980s when there were no practical limits on tort awards, Ford still went forward with the decision anyway. While it may seem to be an exercise in counterfactual history, one must confront this reality and ask a deeper question that shakes the tort system on all sides to its foundation. Would the accountants and Ford executives have thought twice had they known that an involuntary manslaughter charge with long prison sentences would be hanging over their heads? Such an approach which is…. [read more]


Equitable Doctrine of Confidence Essay

… The judges again stated in obiter dictum that the precedent of Park Racing and Recreation Grounds Co. Ltd. v Taylor did not prohibit the court from championing a tort of privacy but held on the contrary that such rights were nonexistence.

The commentary of the judges in reaching the decision shows the need and the readiness of the Australian courts to give rise to the tort of invasion of privacy and an equitable remedy to the same. However, due to the slow nature of the progression of common law, the judges were somewhat reluctant to do so.

There were other cases after the Lenah Games Meat case that further developed the law of privacy. In Grosse v Purvis in which the court made a ruling…. [read more]


Company Law the Functions Essay

… These questions can effectively be solved by the application of 3 basic propositions;

1. A corporation or company does not assume the title of a 'legal persons' and this means that the company does not exists in common law until such a time and unless it has been incorporated (registered)

2. It is legally impossible for a non-existent legal person to have legal rights as well as obligations. Therefore, the company cannot enter into contract or even incur debts

3. An individual can never be an 'agent' of a principle who is non-existent.

The Corporation Act and the pre-registration contracts

The Corporation Act is noted to deal with pre-registration contracts in Pt 2B.3.Even though s 133 notes that part 2B.3 replaces any form of rights…. [read more]


Australian Consumer Law (ACL) Essay

… Body Bronze directly paid an invoice issued by the lessor of the salon space, and demanded repayment from Fehcorp, which denied payment based on the parties' finance obligation. Body Bronze issued notice that Fehcorp was in breach of the parties' agreement and took possession of the salon. The trial court found in favor of Fehcorp and found that Body Bronze had engaged in misleading and deceptive conduct in terms of the parties' financial obligation agreement. The appellate court disagreed. The court determined that section 4 of the ACL deems that future representations are misleading unless a person has reasonable grounds for making that representation. This protects manufacturers and suppliers from changes in circumstances that might make it impossible for them to comply with their initial…. [read more]


Australian Law on Wills and Estate Essay

… " (Alberta Law Reform Institute, 2010)

Failure to name an alternate beneficiary would result in the residuary estate being treated as if it were intestate and subject to the probate laws on inheritance.

Part Two

Scenario

In this scenario the writer is held as a solicitor in a legal practice in Queensland, Australia. Mary, the client has come to see the supervising partner seeking advice. Mary's son Alex is in year 10 and recently found a USB stick at his school, Goldstone State High School. It was a school issued USB stick to students once they start year 11. The USB stick does not have any external marks distinguishing it from another USB stick. Alex accessed the data on the USB stick and it contained…. [read more]


Australian Administrative Law Seeking Reasons Essay

… Additional Information

The agency should provide my client with the video clips of the conference proceedings of the meetings conducted by the convergence review committee and the Finkelstein inquiry team. The recommendations by the Convergence Review's final report is seen as a compromise between competing proposals to provide a new print media regulatory framework. It is understood the report rejects the recommendation of the Finkelstein inquiry into the print media that a government-funded News Media Council be established to oversee news and commentary in print and associated online outlets. This information may be used by client during court proceedings in arguing their case against the proposed stringent regulations by the Australian Press Council.

References

Industrial Equity Ltd. v DCT (NSW) (1989) 90 ALR 603

Australian…. [read more]


Sports Law Essay

… These individuals have shown that they can effectively compete against men. (Women Still Setting Sights 2011)

However, there are still many events (such as: the Masters) that are for men exclusively. Moreover, no one woman has been able to play consistently on the men's tour. Instead, women have played with PGA and then returned to the LPGA at some point. In the future, some of younger women golfers are focusing on breaking these barriers. (Women Still Setting Sights on PGA Tour 2011)

This is showing how discrimination law is focused on giving women the same opportunities to compete against men. Over the course of time, more women are breaking through cultural and traditional barriers in the world of sports. Golf is one area where these…. [read more]


Private Nuisance Law of Torts Admission Essay

… Private Nuisance Under the Australian Law of Torts

Under the common law, legitimate landowners have a fundamental right to enjoy quiet title to their properties, and this right has been extended under the law of torts to include the enjoyment of any rights that are exclusive and not generally available to the public. A breach of this enjoyment of rights is termed a "private nuisance," and as the term implies, such breaches are private matters between individuals that can only be adjudicated in civil courts unless they also involve criminal practices or conduct. To gain some additional insights into the issue of private nuisance under the Australian law of torts, this paper provides a review of the relevant peer-reviewed and scholarly literature, followed by a…. [read more]


Negligence Misstatements in the Law Term Paper

… In the letter Swale believed this would give the Mullins enough time to lease the 6th floor even though it might have taken somewhat longer for the 7th[footnoteRef:5]. The "somewhat longer for the seventh" was regarded as additional month and there was no indication that this constituted negligence in the circumstances. Mullins alerted Swale that they would begin negotiations on sub-leasing the Citibank space. Because of the market crash, no tenants were found. Mullins later sued Richard Ellis; Mullins claimed that Richard was negligent by not amending their advice with respect to leasability of the original offices after the stock market crash. (Richard Ellis (W.A.) Pty Ltd. v Mullins Investments Pty Ltd. (in liq), 1995). At the trial, the judge ruled in favor of Mullins,…. [read more]


Law and Business When Glenn Assessment

… ¶ … Law and Business

When Glenn says that a legal tradition is information, he is referring to the way that the legal process helps form the basis of historical tradition, of the way societies decided to form a code of morality and ethics in order to retain a positive and cooperative (e.g. social) state of affairs. Since humanity is all part of some type of tradition, then it stands that legal traditions, through the ages, are able to provide us with information about ways in which past societies operated, and the lessons they can impart for present and future society. This is, in fact, broken up into two major areas: humans and groups and culture.

By the very nature of culture and humanity, humans…. [read more]


Contract Law / Australia Essay

… Contract Law / Australia

The term "Contract Law" has the ability to almost immediately make someone thing of lawsuits and litigation. For the most part, contracts are thought of as being very formal documents written up with language that is difficult for the average person to read and much less understand. However we may feel about contracts, we must not deny that they are a part of our everyday lives. Almost every aspect of what we do in modern life requires a contract today. Take, for example, eating in a restaurant (you get the menu, eat, then you get the bill; even the credit card you pay for that meal with is a contract) and purchasing a plane ticket to see relatives (which you probably…. [read more]


Legal Positivism and Australian Law Term Paper

… He wanted his entire community to be the owner of this property since it was more in line with his customs and cultural beliefs.

Judge Von Doussa however refused to combine customary law with Copyright Law and decided to stay with strict interpretation of the law thus taking a positivistic approach as Bowrey (2001) explains: "It is difficult to ascertain whether or not von Doussa grasped the cultural implications that flow from his endorsement of these precedents about joint authorship. At key points in the decision closure to consideration of the indigenous point-of-view was achieved by using legal positivist interpretative practice. He identified the appropriate legal rule concerning joint authorship without reference to any discourse about the meaning of the terminology. Copyright law is "entirely…. [read more]


Australia's Proposed Ndis Essay

… For example, in Australia, declines in GDP have previously led to cuts of $380 million in federal spending on people with disabilities (SMH 2010, p.1). Not only have persons with disabilities seen massive cuts in their pensions, but they have seen changes in the tax offset for their medical expenses.

Finally, one must gauge the contribution that disables workers make and will continue to make to the economy, which is slated to improve significantly upon the passing of the NDIS. A recent National Health Interview Survey on Disability report noted that employment rates for adults with disabilities are significantly lower than for adults without disabilities (Loprest and Maag 2001, p.1). The question, then, remains whether or not the disabled can make a genuine contribution to…. [read more]


Principles Policies and Rules in Legislation and Police Power Term Paper

… Law and Police Powers

Recent changes to the law in Queensland, and to the powers of police there, mean that citizens need to think twice next time they stroll home after a night at the pub, climb a tree in a local park or question why a police officer has asked him or her to do something. Citizens' right to free use of public spaces is not as clear and unmitigated as it once was.

The two enactments of most concern are the police move-on powers located in the Police Powers and Responsibilities Act 2000 and public nuisance law as set out in the Summary Offences Act 2005. These are separate arms of the law, but have the effect of greatly increasing the number of…. [read more]


Public Problem Why Gun Laws Should Be Changed Term Paper

… Gun Laws

To begin, gun laws of late have become a very contentious issue for politicians and society at large. In one instance policy makes must appease their natural funding constituency in regards to their basic rights to bare arms. However, they also must consider the broader implications of their policy actions on society at large. When juxtaposed against one another, a very contentious and often emotional debate arises. Many agree however, that gun laws must be altered to reflect the changing operating environment our world functions in. With the advent of globalization and e-commerce, new threats to society and the general public have become very profound. Immigration laws have allowed millions of undocumented individuals into the nation. These individuals have the ability to obtain…. [read more]


Competition Laws in Hong Term Paper

… Businesses in the latter part of the nineteenth century were able to completely dominate and industry and set prices wherever they wanted. Standard Oil and certain railroad cooperatives were the main targets of early law, but they were also applied as recently as the 1970's to the breakup of American Telegraph and Telephone (AT&T). Such high profile cases did benefit consumers and others who wanted to move into these industries (the price for a telephone call dropped more than 60%), but they did not have the overall effect of encouraging all business people to be honest. The recent global financial crisis was, in large part, caused by the continued greed of large financial institutions.

This lesson is echoed in a country that has a much…. [read more]


Sustainable Development All International Law Deals Thesis

… Sustainable Development

All international law deals with relations between two or more different nations. There are two main components of international law -- the laws of nations and agreements between nations. Laws of nations are comprised of those laws accepted by virtually all world nations. These include the Geneva Convention, laws banning slavery and honoring international boundaries. Agreements between nations are specific agreements between defined nations. These agreements are only expected to be upheld by those nations, not by all nations.

At present, international law pertaining to the environment typically comprises the latter category, where nations specifically agree to enact protections for certain components of the environment. Most laws of nations deal with the definition of the national entity or issues regarding human rights. The…. [read more]


International Trade Law Term Paper

… International Trade Law

In the case of Owusu vs. Jackson, of 1 March 2005, case number C-281/02, trading as 'Villa Holidays Bal Inn Villas', the judgment of the Court was that the English Courts must pay the costs. The decision, made in this particular case, leaves the English courts vulnerable to try any case, even though the Court may believe that this may not be the very bets forum in which to hear the case. In fact, England has been the most favored venue for those claimants, who become attracted to the jurisdiction in English courts, by the mere prospect of gaining for themselves generous awards in damages.

As a matter of fact, there have been several cases wherein the defendants of the cases have…. [read more]


Australia's Corporation Act 2004 Term Paper

… "

Post employment benefits: "Includes retirement benefits and other post-employment benefits (life insurance and medical care). Disclosure is required of all benefits arising in the reporting period that are paid, payable, or to be provided in respect of post-employment benefits for the specified persons." (These regulations, just as AASB 1046 does, distinguishes between retirement benefits payable in the normal course of events and termination benefits arising when an individual's employment is terminated before the normal retirement date."

Equity compensation: "Including ordinary shares, units, options, and other equity instruments of the entity provided at less than the fair value at which those instruments would have been issued to a third party on the market. Inclusive of rights to equity instruments that may at the discretion of…. [read more]


Australia Have a Bill Essay

… The very smallness of the Australian dream is an important part of our particular value-system: there is no vision of creating a society that can be a model for the rest of the world, as in the U.S.A., nor of upholding revolutionary ideals, as in France, nor even of traditional community, as in Great Britain. This lack of an idealist tradition, as reflected in the prosaic language of Australian politicians, is a particular disadvantage for those who would bring about change (Patapan, 1997).

To sum up: Australia is, indeed, a conservative country if by this is meant that there is a highly developed consensus on basic values, but these values seem more accurately described as liberal. (Louis Hartz has characterized them as radical, (Hartz, 1964)…. [read more]


Breach of Common Law Essay

… ]

Care and Diligence

The Corporations Act 2001 stipulates that a director liable to either, penalty of $200,000 or 5 years imprisonment as a criminal offence, pay $200,000 as a civil penalty or compensate the company for the loss incurred. The director may also be disqualified from running any company in future.[footnoteRef:9] [9: Ibid]

The directors of Builders H. Ltd. could be held liable for corporate wrongdoing. The law views corporations as "legal entities with the ability to poses inherent rights" (Hill, 2003)[footnoteRef:10]. Hence attributing the primary criminal or civil liability to Builders H. Ltd.[footnoteRef:11] The amendments of the Corporations Act 2001(Cth) holds managers, consultants as well as advisers involved in the company's management, liable in the litigation even though they may not act as…. [read more]


Australian Law on Torts and Defamation Assessment

… Australian Law on Torts and Defamation

Tort Law in Australia

Tort law has assumed increasing relevance and importance in recent years in Australia and the country has gained the reputation for being a highly litigious society based on a growing number of tort cases. In this regard, Clark notes that, "A great deal has been written of the emergence of a culture of 'blame and claim' in Australia. Australia has become a very litigious society with rates of litigation that now match or even exceed parts of the United States. Australian culture has departed from the concept of personal responsibility in exchange for embracing a culture of blame" (2007, p. 140). This culture of "blame and claim" holds important implications for the adjudication of tort…. [read more]


Arbitration and Its Relation to Family Law Term Paper

… Arbitration and Its Relation to Family Law

Arbitration "Wait 'til court and see what the judge decides." Two increasingly popular, alternative dispute resolution methods to the often tension tainted threat, "wait 'til court and see what the judge decides," arbitration and mediation, can currently serve as a remedy to some conflicts in family law, as well as help resolve some litigation shortcomings. Some individuals, however, whether at their worst or best, admit they do not understand the difference between arbitration and mediation. Originally, the Federal Arbitration Act (FAA) constituted a procedural statute designed for commercial arbitration between business entities.

Currently, no matter what the cause of action, when a contract falls within the Commerce Clause's reach, the FAA creates a preference for arbitration over litigation.…. [read more]


Parliament Legislate to Limit the Effect Term Paper

… ¶ … PARLIAMENT LEGISLATE to LIMIT the EFFECT of the HIGH COURT'S DECISION in MINISTER vs. TEOH (1995) 183 CLR 273

The work of Griffith and Evans (2002) entitled: "Teoh and Visions of International Law" the case of Teoh (1995) 183 CLR 273 it is stated that the Minister for Immigration and Ethnic Affairs v Teoh was one of those High Court decisions taken to the streets. What was, on reflection, an unexceptional, even conservative, decision, ignited a fierce political debate." The work of Lacey (2004) entitled: "A Prelude to the Demise of Teoh: The High Court Decision in Re Minister for Immigration and Multicultural Affairs; Ex-parte Lam" states that the authority of the High Court in its' 1995 decision in Teoh must now be…. [read more]


Bill of Rights in Australia Essay

… Recent suggestions by eminent judges in Australia also point to the fact that Australia needs to refer to international laws and legal systems to develop a framework that can be implemented in the country. It is being increasingly felt that the country's current constitutional provisions are inadequate to sustain the concept of equal justice to all, irrespective of religion, color and race. Increasingly, it is being felt that Australia too needs to incorporate basic human rights provisions that are scrupulously being followed by other major countries. This, it is believed, would enhance the image of Australia as a law abiding state, with provisions for humane justice and legal provisions.

Conclusion

Australia cannot afford to be considered as a country that does not have a strong…. [read more]

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