Question:
Write an essay about the business law.
Business law is also known as the commercial law and it mainly studies about the different form of business rights, corporate links as well as the behavior of the individuals who are involved in the different types of business activities and also in commerce, merchandising as well as deal, and transaction. The concept of business law could also be stated as the proper branch of the civil law and is mainly estimated to deal with different form of public as well as private law (Bagley, et al 2011). The concept of business law is basically being utilised for the purpose of regulating the different kinds of corporate contracts, for the purpose of hiring new and developed form of business practices, also making use of the developed manufacturing and sales procedure in order to make various consumer goods. Many countries including the UK have introduced civil codes that are mostly likely to contain comprehensive statements in perspective of the business law.
The Australian business laws are certain form of legal features in perspective of the different commercial activities that are relevant to the Australian important for various commercial or business lawyers. In the Australian law it is noticed that certain views in perspective of the elements of business law are brought up and mainly this Australian law does put effort on any particular business practices or regulations and policies of business (Callison, et al 2012). The authority of the United Kingdom has been found to enact various statues of law that are highly depended on the acquisition laid down of the country of Australia. The Australian business laws are different from that of UK in many perspectives. The legal institutions and traditions of the Australian law are estimated to be mono cultural in character and it mainly reflects the English origins. The Australian laws are basically being influenced by the different form of contemporary ideas, which establish a relation with the international law, with the concepts of sophism and also the private ownership. Later it was noticed that the constitution of the common wealth of Australia was actually an act of the British parliament. Later, Britain’s role in perspective of the government of Australia became increasingly demanding in the 20th century (Cane, et al 2012). The Australian law of system has been established on the concepts of different rule of law, justice made and the level of equality before law. The most vital principles of this law are fairness, equality before the law and the level of justice.
Fairness- the concept of fairness helps in gaining certain level of outcomes for different people in perspective of the individual circumstances and would be considered appropriate to handle various forms of proceedings that mainly include individuals of different cultural background possessing certain form of disability (Cejnar, 2011).
Equality- every individuals are supplied with the right to equality and they should be supplied with ample amount of opportunities, every people should be supplied with equal opportunities in gaining employment, and live comfortably. Basically through this principle it is noticed that all people should be supplied with the opportunity to make use of same form of legal outcomes in regard of inequality that still exist within Australian society (Cole, et al 2011).
Justice- when justice is served it simply means that the punishments have been applied to generally accepted rights as well as responsibilities which are also found to provide equal as well as fair outcomes. Justice should be preserved because it reflects the various ethics and values of the society.
In general compliance actually means certain level of conformation over the rules required by a business industry to perform in the business market. Compliance is law could be stated as some form of specification, policies and standards that should be followed by the business industries and organisations to manufacture goods and bring sale them in the market legally. The two most common form of compliance includes the regulatory compliance and the legal compliance (Friedman, 2011). Regulatory compliance basically illustrates the goals that are aspired by the business industry or organisations to gain. Regulatory compliance helps a business organisation to become highly aware from beforehand about the relevant laws and policies that would save the industry from facing serious risks in business. The approach of regulatory compliance is being used by business organisations so that they could become sure about the important government requirements which would further be helpful in achieving the business goals by making use of various resources. On the other hand, legal compliance are the various process that are basically utilised by organisations to make sure that industry do follow relevant business rules and carry on its performance. It has been identified that there are two different needs to become legally compliant among which first are the policies that are required to be very much consistent, and the second need is to make complete use of the legal policies (Hufnagel, et al 2012). The role of legal compliance in business perspective are now noticed to have been expanded and now it is highly being utilised for self monitoring and reviewing the nongovernmental behaviors of the business individuals which if not checked out would lead to workplace discretion. Therefore, for running a seafood restaurant at Sydney it has been very much vital for me and my family to consider the international standard food code. This includes various rules and regulations regarding the use of various ingredients in making a dish with the seafood also including various rules in labeling the food, preparation of the seafood, knowing to perfectly audit the sea food and also knowing various ways of handling the seafood (Kraakman, 2009). Though the rules under standard food code are quite complex in nature, it has been utilised by us in running a restaurant of seafood because this helps us in maintaining the safety of the different consumers who come up to our restaurant to have various dishes of seafood. As per the Australian food act if me and my family would fail to comply with the food standard code we have to experience serious penalties like a penalty of $50,000 in perspective of the consumers who come up to our restaurant to have a taste over the seafood dishes and a penalty of $25,000 in perspective of the corporate body who had supplied us with the license of running the seafood restaurant.
In general under the Australian law, making a wrong promise by business companies in perspective of supplying products as required by the customers is actually a form of legal crime done by the particular business owner who had made a wrong promise. From the given case scenario of Manny and Bella who had been running a pizza business, it could be stated that the manger of Tuscan Ovens Pty. Ltd has done an intentional crime even after knowing that his products would not satisfy the requirements of many and Bella. Also it could be noticed that the manager of Tuscan Oven has committed a legally enforceable promise which he did not carry out (Latimer, 2012). For such cases a strict liability would help in recovering from the crimes that has been done by the manager of Tuscan Ovens and on the other hand the harm that has been caused on the customer that is on Manny and Bella would be able to recover from the loss they experienced in business in perspective of the lawsuit. In order to overcome such harm, it would be the most prior duty of Manny and Bella take up actions that would cause legally recognisable harm that might be experienced a business further. As per the case scenario it could be stated that an intentional tort has taken place and in such kinds of tort the overt act, some serious for of intent a perfect level of causation is extremely important. The most vital remedy experienced by Manny and Bella in perspective of the tortuous loss that they had undergone by believing on the false statements stated by the manager of Tuscan Ovens are simply the loss over compensation and huge damage over money (Lyster 2011). In limited cases it is being noticed that tort law would consider self help. As per the Australian jurisdiction it is noticed that for a specific performance the defendant should carry out various legal obligations especially in perspective of nuisance matter as in case of Manny and Bella. The legal actions that would be undertaken in perspective of several wrong statements and wrong promises made are noticed to be further modified by the statutes such as the state’s civil liabilities act. For the false or unreliable promise in supplying an oven that matches the requirement Manny and Bella certain remedies would be experienced by the manager of Tuscan oven like the pecuniary penalties, injunctions damages, high level of compensation orders, various forms of disqualification orders, and even the non punitive orders. In relation to the Australian law the ACCC and the state and territory regulators are often found to make acceptance over the different court enforceable undertakings that for issuing different infringement notices, and public warning notices over running such a business. In such cases for breach over promises the federal court are held responsible for leading claims in perspective of supplying products as required by consumers (Mann, et al 2011). Infringement notices are brought up to the business owner who is held responsible for such kind of acts. As per the case scenario it was found that Manny and Bella discovered the problem that they could only make about 12 pizzas per hour and is totally unreliable. Due to such reason the business is estimated to lose money. The case scenario highlights a situation of strict liability where the defendant that is Manny and Bella could raise a complaint against the manager of Tuscan in perspective of product liability and if the plaintiff could prove that the opposite individual knew about the defect existing within the products some extra castigatory penalties could be imposed on the person in relation to the jurisdiction. As per the Australian law, the remedy that would be experienced by the manager of Tuscan Ovens s to stop the misuse of leased premises and this might further lead to a contempt of court order which supplies with the plaintiff access over enforcement weapons like paying fines or imprisonment for a breach over promises (Martin, et al 2012). Example cases for breach of promises are Revelations Perfume and Cosmetics Inc. v. Prince Rogers Nelson, in which it was found that the revelation perfume and the cosmetics company charged the well known musician with a Damage of about $1,00,000 for making an agreement to market the perfume of the company, the pop star promised to make the promotion of the products and allowed the company to make use of his name in price packaging of the product, but later he refused to do the promotion for which the court awarded him with the $3million lost profits as well as pay on perspective of damage caused to the company. The court ordered also ordered him to pay an amount of $4million to the cosmetics company.
Conclusion
In the world of business, problems in relation to business activities and problems in relation to the production of goods are not estimated to be divided into various types of neat packages. The business law practitioner always have to stay familiar with the varied principles of business law so that they are able to supply efficient advice that further would help in overcoming the business oriented problems (Parker, et al 2011). At times various form of business entities are being formed as well as administered so that a new business company or organisation could be engaged in various form of business activities that are legally permeable. Different forms of efforts have been made in order to establish a unified body of law within the United Kingdom so that the uniform commercial code could be successfully achieved. Different form of regulatory schemes are also utilised by business companies so that they establish control over how their business is being conducted.
Reference
Bagley, C. E., & Dauchy, C. E. (2011). The entrepreneur’s guide to business law. Nelson Education.
Callison, J. W., & Sullivan, M. A. (2012). Partnership Law and Practice: General and Limited Partnerships. West.
Cane, P., & McDonald, L. (2012). Principles of Administrative Law: Legal Regulation of Governance. Oxford University Press.
Cejnar, L. (2011). After the global financial crisis: key competition law developments in Australia, the United States, the EU and the UK. Law and Financial Markets Review, 5(3), 201-212.
Cole, D. H., & Grossman, P. Z. (2011). Principles of Law & Economics. Wolters Kluwer Law & Business/Aspen Publishers.
Friedman, L. M. (2011). Contract law in America: a social and economic case study. Quid Pro Books.
Hufnagel, S., Harfield, C., & Bronitt, S. (Eds.). (2012). Cross-Border Law Enforcement: Regional Law Enforcement Cooperation–European, Australian and Asia-Pacific Perspectives. Taylor & Francis.
Kraakman, R. H. (2009). The anatomy of corporate law: a comparative and functional approach. Oxford University Press on Demand.
Latimer, P. (2012). Australian Business Law 2012. CCH Australia Limited.
Lyster, R. (2011). REDD+, transparency, participation and resource rights: the role of law. Environmental science & policy, 14(2), 118-126.
Mann, R., & Roberts, B. (2011). Smith and Roberson’s business law. Cengage Learning.
Martin, N. J., & Rice, J. L. (2012). Developing renewable energy supply in Queensland, Australia: A study of the barriers, targets, policies and actions. Renewable Energy, 44, 119-127.
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