Following Section 134 of the Corporation Act, 2001, a corporation is regulated by its charter, by the Corporation Act, 2001 provisions that are applied to it as replaceable rules, or by a combination of the charter and replaceable rules.
A Corporation may adopt a constitution during its registration or later, as per Section 136. With a special resolution adopted by the Corporation, such a constitution may be changed or abolished.
In accordance with Section 140 of the Act, the company's charter and replaceable rules are binding:
Each employee works with a different employee.
The corporation with each director and company secretary
The b...
A gratuitous agreement is one where there are no considerations; these agreements are referred to as such. An unconditional pledge, a nudum pact, or a gratuitous commitment cannot normally be enforced. An agreement that does not include a consideration recognized by the law to have a value connected to it and where such condition flows from the promisor to the promise in exchange for such promise is unenforceable under common law. Promises made in court are frequently disregarded for various reasons, including the absence of any compensation tied to the pledge.
A void agreement is one in which there was no mutual consideration, according to ...
This essay will discuss the legal rights of a person when buying a car. It will provide an overview of the legal requirements and protections that are in place to protect a car buyer, as well as the potential liabilities that a car buyer may face. The essay will then discuss the various contractual elements that are necessary in order to create a legally binding contract for the purchase of a car and the remedies that are available to a car buyer in the event of a breach of contract. Finally, the essay will consider the potential risks and consequences of purchasing a car without the proper legal protections.
Understanding Car Purchase Con...
Misrepresentation is a concept in contract law that occurs when one party makes a false statement of fact to another that induces the other party to enter into a contract. It is a tort that can result in damages for the innocent party and can also be used as a defense to a contract that has already been formed. In this article, we will explore the concept of misrepresentation in the context of business law, with a particular focus on the remedies available to parties who have suffered losses due to misrepresentation. We will discuss the types of misrepresentations, the elements of a misrepresentation claim, and the damages that may be availab...
The classical school of criminology is a set of 18th-century philosophers. Members like Cesare Beccaria believed that criminal conduct could be studied and controlled. The classical conception asserted that people are rational entities who want to maximise pleasure and reduce misery. These include the beginnings of classical thinking, Cesare Beccaria's influence on classical philosophy, and classical theory's relevance to crime prevention. A lack of adequate punishment permits crime to continue, and the teaching material will illustrate this. Deterrence can be achieved through clearly specified laws, public penalty, and removal of judicial di...
How are fee simple rights incorporated within the strata title scheme?
Issue: The issue comes under the Strata Titles Act, 1966 which was introduced to permit the certificate of title for the parts of buildings. For instance, I have the right to do whatever on the land considering the local zone ordinance. I have identified the key issue with the strata title scheme which does not provide fair recognition within statutes and creates qualitative differences between laws through a proprietary interest in lots of common property.
Rule: I have learned that as per section 7 of strata schemes freehold development act has to define land under the ...
Introduction:
This research report explores the non-economic price which the Chinese had to pay for economic development since the year 1978. The report focuses on issues of the power-capital China and rights-deprived China.
Power capital China considers the institutional price paid for economic development and how much power capital institutions emerged and developed. It was a hybrid political culture where political power, as well as economic capital, was infused leading to the formation of a power capital economy where power capital entrepreneurs grew and a likewise culture evolved. Following this, there was another sociocultural price t...
INTRODUCTION-
The given assignment mainly highlights the two given case study in which one case is related to the Samsung case and other is related to accident. Both cases have to analyse as per the Australian laws and legislation.
In the Samsung case, one customer has been injured due to the defective products of the company as his Samsung phone has caught fire due to the overheated battery which not only injured his body but also his BMW car has totally destroyed. So, in this assignment, multiple laws and legislation will be evaluated to analyse what compensation he could get for the damage done to him.
In the second accident case, one p...
Table of Contents-
Introduction.
Information communication technology law, access rights and the protection laws: Global issues and the approaches:
Information technology and the communication law, access and the protection rights: Global issues and the approaches.
New Information communication technology laws embodied data privacy protection:
Conclusion.
References.
Introduction-
The development of the information and the communication technologies has provided the individuals and the business organization opportunities for making the expansion for their business and provides the facilities to make the communication and eas...
Table of Contents-
Question 1
Question 2
Conclusion.
References.
Question 1-
Issue-
Daniel and Olivia Smith operate a mixed business called Brekkie and Lunch and OZ Bottle Shop at 50 York Street Sydney. They visit you in order to prepare their 2017 partnership tax return. During your first meeting they provide you with their cash receipts and cash payments journals, their business bank statements and a file contain all their business invoices and receipts relating to the transactions in their book.
From the information supplied, prepare the working papers and determine the net income for the partnership for the year ended 30 June...
Table of Contents
Resident of Australia for tax purposes. 2
Assessable income for the year. 3
References. 5
Resident of Australia for tax purposes-
Most of the people who arrive in Australia for a visit or working holiday are not considered to be the Australian residents. It consists of the people on 462 or 417 visas. They are considered as the backpackers who do not have any intention to stay in Australia rather they want to enjoy the holiday while working. In Australia, the backpackers earning income have to pay tax on the first dollar which is 15 per cent up to $37000 in a year.
An individual will be a resident of Australia for the t...
Table of Contents
Introduction: 3
Legal Report: 3
Objectives of the report: 3
Procedures to report the incident: 3
Documentation and reporting requirements: 4
Law and Legislation categories: 4
Failure to report and its consequences: 4
Conclusion: 4
Introduction:
The main focus here is based on Chapter 17 and the main aspect here is to stress on the main and the original contents of the Chapter so that the approach of legal reporting is made clear and also at the same time the articles that are there are made clear and precise. Statutory reporting requirements have significant points and that includes reporting of births, reporting...