Non Compliance The Legal Obligations May Have An Impact...

Non-compliance to the legal obligations may have an impact on the business. There are several strategies that are implemented by governments to ensure compliance. These include infringement notices, prosecutions, revoking, suspending or cancelling authorisations (including closing the business) and/ or removal of equipment (Safe Work Australia, 2011). European Agency for Safety and Health at Work ( 2014) refers to a survey conducted on the construction industry by Indecon in 2006 where the findings showed that 54% of the responders believed that health and safety legislation let to a reduction in the cost of accidents, and 40% believed that it reduced insurance costs. However, actually investing in health and safety, is not just a case of meeting obligations, it should be underpinned by a very strong business case. The Royal Society for the Prevention of Accidents (2015) argues though it may seem counter-intuitive, when times are tough it is even more imperative that health and safety is a key business focus than at other times. Their reasoning is accidents and ill health caused by work as well as non-injury incidents impose massive and in some cases hidden costs on business (Society for the Prevention of Accidents, 2015). By not investing in health and safety systems there is a potential exposure for risk when a system failure occurs. This failure does not necessarily have to be catastrophic (Montara 2009 or Deepwater Horizon 2010). There are known costs associated withShow MoreRelatedThe Regulation Of Provided Legal Services1674 Words   |  7 PagesIntroduction The regulation of provided legal services is imperative towards the functionality of the justice system. 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Conduct a Marketing Audit Major Assignment - 10193 Words

Student Name:_____________________________ Student Number:___________________________ INTERNATIONAL PROGRAMS Conduct a Marketing Audit BSBMKG515A Assignment †¢ This assignment comprises 60% of your final mark in this unit. Assignment |Competency: |Conduct a marketing audit | |Code: |National : BSBMKG515A | |Title of Report: |Conduct a marketing audit – Aussie One Travel Agency†¦show more content†¦- Identify the form of a marketing audit | | | | | |4. - Conduct an internal marketing (self) audit | | | | | |5. - Prepare a marketing auditShow MoreRelatedMarketing Audit Approach - Ikea1571 Words   |  7 PagesMarketing Audit Approach - IKEA Marketing Audit Overview â€Å"What is a marketing audit? Quite simply, it is a detailed analysis of the elements that constitute or influence a company’s efforts to profitably market its products- today and in future when both market and products may undergo radical change† ( John, Alexander, Theodore, 1969). 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Concise Law Dictionary For Students and Practitioners

Question: Discuss about the Commercial Law. Answer: Introduction In granting the remedy that is equitable, the word equity often stands misplaced and wrong fully applied by the courts. In the wider sense, the term equity means and refers to fairness. In any legal system, the terminology equity refers to that, law body that is involved in addressing the concerns that are outside common law's jurisdiction. The term equity is also used to make the description of the value of money of any property that is the addition to the liens, mortgages or claims on that property. In the legal system of the United States, the equity law can be traced to have emerged from England. In England, the equity law emerged from the procedures that are rigid of the law courts of England. The judges of the territory of England in the thirteenth and the fourteenth centuries made the development of the system of common law[1]. The system of common law means the system of deciding and accepting the cases that are based on the legal principles that are shaped and qualified for redress of the legal problems. It is often seen that a court might rely heavily on the precedents that are equitable and the remedies that are equitable for making the decision regarding the bargain of those terms of any contract that are hard. Those decisions are considered as suspicious those rely heavily on the equity principles[2]. The flexibility that is involved in the principles of equity is often subject to criticism. The flexibleness of the equity law is often considered as the background of specified rules of mistake, misrepresentation, estoppel and undue influence. In spite of all the criticisms, it has been seen that the equity norms have the great effect in repairing the gaps of the of injustice that exists in the law of contract. Critical Analysis Case No. 1 The case of Waltons Stores Interstate Ltd v Maher (1988) 164 CLR 387, is a reputed case relating to the contract norms of Australia. The decision of the case emerged from the Australian High Court. The Court held primarily in the case that the promissory estoppel doctrine or principle might stand as the cause of action in several cases. In the case, it was seen that Maher was the owner of a property, where Waltons Stores desired to form a departmental store. Waltons made the representations and depending upon them; Maher started the demolishing work of the store that is existing. Maher also started to establish a new building in that place. The primary issue of the case suggests that the contract that existed between the two parties of this case was never complete[3]. It is because Waltons refused to deliver their signature on the lease as Maher was hostile against them. The High Court of Australia made the denial of the contract entirely and estopped Walton's unconscionable conduct. Since Maher acted trusting the representations made by Waltons, there was the need for the intervention of the doctrines of equity. The justice of the case Mason pointed out that there lie certain differences between an equity of estoppel and contract. Any obligations relating to contract is formed by its parties whereas the obligations that are created from the equity law does not regard that contract that the parties are bound to[4]. The case of Collier v P MJ Wright (Holdings) Ltd [2007] EWCA Civ 1329, created some similar principles like that of the above case. In this case, Collier happened to be a partner of the three partnered firm of property developing. The firm gave its assent in making the payment of 46,000to a company Wright Ltd. The amount was agreed to be delivered in a monthly installment, each of 600. In that firm, there was a joint liability on the partners to make the payment of the said amount. There was a meeting that was organized in the year of 2000, where Wright Ltd took the decision that the partners of the firm would be liable and entitled to make the payment of an amount of 15,600. The two others partners of the firm became bankrupt and insolvent in the year of 2004 and 2006 respectively[5]. However, Collier made the payment of his required amount. Wright Ltd made the issue of a notice that demanded from the balance amount that was remaining in the debt. The Judge in the said case made th e decision by the application of the principles of promissory estoppel. The Judge made the decision that may aid and help Mr. Collier. The case suggests that Collier gave assurance of making the payment of the amount that was due on his part and not the other partners. In accordance to that assurance, Collier made the payment of his part. On that basis, the Court also made the point that the amount was pending was not equitable of payment by Collier to Wright Ltd[6]. Case 2 The second case is regarded as a popular case of contract law of Australia and equity law. The case was Commercial Bank v Amadio (1983) 151 CLR 447. In this case, there was the guarantee that was given by the Amadios for the indebtedness of their son. The guarantee was rendered to the Commercial Bank of Australia regarding mortgaging a land of their ownership. The primary issue that involved in the case was the application of the unconscionable conduct due to the lack of knowledge and education and its effect on the power of bargaining. The son of Amadios was engaged in the business of building and there his parents became the guarantors without having knowledge. There was a contractual relationship that was entered by their son with the referred bank and also rendered their building as the property of mortgage[7]. The defense that the Amadios took was that the contract of the mortgage was unenforceable as it contained unconscionable terms. There is no specific meaning that is rendered to the term unconscionable behavior[8]. The duty or the onus of the determination of the meaning of unconscionable terms of any contract depends on upon the sole discretion of the presiding judge[9]. The determination of the factor whether the facts of any case complies with the provisions that are statutory depends upon the judges discretion. The decision that was rendered in the given case depicts that the Amadios could be regarded as liable for the reason that they failed to understand the legal obligations of such contract. The Judge while delivering the decision of the case made his reliance more on that of the principles of equity and not much on the provisions that are statutory. The Court made the clarification of the circumstances where the principle of unconscionable conduct or behavior is applicable in the case of ACCC v. Lux [2013]. The Judge relied deeply in his discretion in making the decision whether the rule of unconscionable conduct is applicable in the case. In the Consumer Law of Australia, there is no meaning that is specifically provided for the term unconscionable conduct[10]. However, the unconscionable conduct may mean that action that does not consider into account the rules relating to conscience. In the said case, Lux was held responsible by the Court for conduct that is unconscionable in relation to transactions of business. The case also saw that the Judge depending on the equity principles for rendering the final decision of the case. At the time of the development of the equity principles, it was viewed by several judges that the primary function of the theories of equity are to make the justification of the harshness that evolved in cases where the terms of contract are hard to interpret by the application of the principles of natural law. The principles of equity are very flexible and that too is subject to several criticisms. There were many theorists that held that the doctrines of equity grant wide powers that are discretionary to the judges in deciding those cases where the application of the legal and statutory principles do not render proper and treasonable meaning[11]. Conclusion The primary feature of the relief that is equitable is that it makes the consideration of those things that are not ordinary but extraordinary. The foremost result of the said axiom is that the principle of relief that is equitable must be considered as a right and not a matter of discretion. Hence, it is not considered as uncommon for the courts to make the application of the equity laws in those scenarios where there is failure on the part of the common law to render the proper remedy[12]. As the application of the equity principles depend upon the discretion of the court, it raises several questions regarding the certainty of the common laws in certain situations. As it is opted by the judges to make the usage of the equity doctrines, it create a wide doubt inn many minds regarding the uncertainty of the civil law or the common law that administers the conduct of the human beings. Reference List Furmston, Michael Philip, Geoffrey Chevalier Cheshire, and Cecil Herbert Stuart Fifoot.Cheshire, Fifoot and Furmston's law of contract. Oxford University Press, 2012. Graw, Stephen. "An introduction to the law of contract." (2012). Harris, Daniel.Equitable estoppel in the 21st Century: Revisiting the lessons of Waltons Stores V Maher. Diss. Murdoch University, 2014. Hart, Herbert Lionel Adolphus, et al.The concept of law. Oxford University Press, 2012. McKendrick, Ewan.Contract law: text, cases, and materials. Oxford University Press (UK), 2014. Milsom, Stroud Francis Charles.Historical foundations of the common law. Butterworth-Heinemann, 2014. Mutlu, Canan, Mike Peng, and Marc van Essen. "The corporate governance literature identifies two major governance models. The first is based on equity finance, controlled by capital markets, and mostly seen in common law system countries such as the United Kingdom and the United States. The second is based on debt finance, controlled by finan-cial institutions, and mostly seen in continental European countries (such as."Shareholder Empowerment: A New Era in Corporate Governance(2015): 239. Osborn, Percy George.A Concise Law Dictionary-For Students and Practitioners. Read Books Ltd, 2013. Penner, James.The law of trusts. Oxford University Press, 2016. Pettit, Philip H.Equity and the Law of Trusts. Oxford University Press, 2012. Rodrigo, Thanuja. "Unconscionable demands under on-demand guarantees: A case of wrongful exploitation."Adel. L. Rev.33 (2012): 481. Sheleff, Leon Shaskolsky.The future of tradition: Customary law, common law and legal pluralism. Routledge, 2013.

Business Law TPG Internet Pty

Question: The sequence of court hearings The Australian Competition and Consumer Commission (ACCC) brought proceedings against internet provider TPG because of an advertising campaign for internet services TPG had been conducting. Initially, the proceedings were heard by a single judge, who is referred to in the judgment as "the primary judge". ACCC was largely successful against TPG in those proceedings. TPG, having lost the case before the primary judge, appealed to three judges, referred to in the judgment as the Full Court". That court largely disagreed with the conclusions of the primary judge and set aside his decision. In effect, TPG won its appeal to the Full Court. This left ACCC as the loser. It appealed to the High Court, which disagreed with the conclusions of the Full Court in favour of TPG and essentially reinstated the decision made by the primary charge in favour of ACCC.The judgment you are reading, and to which the assignment questions relate, is the judgment of the High Cour t only. However, to enable the "ratio" of its decision to be understood, the High Court includes in its judgment summaries of the reasons which the primary judge and the Full Court gave in coming to their respective (and contradictory) decisions. 1 Briefly describe the nature of TPGs advertising which caused ACCC to bring these proceedings2 What statutory provisions did ACCC allege that TPGs advertising contravened3 What were the findings (conclusions) of the primary judge about the following aspects of the advertising bundling. the set up fee.single price.4 What were the differences in principle between the approach of the Full Court and the approach of the primary judge in evaluating whether the TPG advertising was misleading? 5 The High Court concluded that the approach taken by the Full Court was not correct. For what reason or reasons did the High Court come to this conclusion?6 The Full Court, in coming to its conclusions, applied as a precedent the ratio in a case calledParkdale Custom Built Furniture v Puxu (Puxu). The High Court said that the Full Court wrongly applied the principle in Puxu. Explain why the High Court thought Puxu was not a proper precedent to apply to the TPG advertising 7 What did the High Court h ave to say about the dominant message approach? 8 What did the High Court say about the assumed level of knowledge in TPGs target audience? 9 Is an intention to mislead essential for advertising to be misleading? Explain what the High Court thought about this 10 If you were employed in the marketing section of an internet service provider or a fitness centre which was about to launch an advertising campaign promoting an attractive plan for membership in which there were several parts (costs and benefits) to be taken into account by potential customers, what advice would you give about the format of the advertising, based on your understanding of the High Courts ruling in ACCC v TPG? Answers: 1. It was seen in this case that TPG Internet Pty which was a internet provider as well as telephone line provider issued an advertisement in which it claimed to give a broadband connection by the name of ADSL2+ to its customer at very low rates, the rate which was mentioned in the advertisement was $29.99 every month, but there were several hidden costs in this connection, it came with a bundled effect i.e. it only came with a telephone connection costing an additional $30 every month to the customer and there were other hidden costs like the cost of setup and other telephone setup charges which amounted to $149.95. This was the reason behind the further proceedings which were taken against TPG. 2. According to ACCC the advertisements which were made by TPG were misleading the customers and it had deception which was fooling the customers, the commented that the service which was being given by TGP had mentioned prominently about just the starting fee and there was and intention to hide the bundled up effect as well as the other hidden costs, they further alleged the company by saying that they had went against the provisions of the Trade Practices Act 1974 as there was no unified figure or single amount of fee which was mentioned in their advertisement which would misguide the customers 3. The findings of the primary judge were as follows Bundling, it was mentioned by the judge that any such effect should be properly mentioned in the advertisement and in the case of TPG it was not mentioned clearly hence it had a misleading and deceptive effect upon the customers, judge found out that this was not done in any source of advertisement either on television or radio Setup fee, the judge mentioned that this fee is normally charged for contracts which have a time period of less than 24 months, thus the customers of this service should have had some idea about such fee, but the dominant message which was given in the advertisements about the one-time fee was more than capable of misguiding the customers as there was no prominent mention of any additional charges (Colley, Andrew 17 March 2010). Single price, the judge found out that were no mention about the single price i.e. the total price or amount which was required to be spent to get the connection, the amount being $509.89 was not disclosed in the correct manner in the primary or initial advertisements made by TGP, thus not following the provisions of the Trade Practices Act. 4. The main difference in principle between the approaches of the two courts were connected to the dominant message, as the primary judge concluded that the dominant message should be corrected by TGP if they do not want their advertisement to be misleading but the approach of the full court judge was different as he mentioned that the users of the service must be familiar with such connections and should apply proper diligence and care before entering any contract. 5. The high court decided against the judgment of the full court, because of the following reasons The full court was wrong about the dominant message The statements in relation to puxu used in this case were irrelevant The court decided that the intension of misleading can be neutralized but this was not the right treatment in this case 6. The judgment of the full court was based on the findings of the case park dale Custom Built Furniture v Puxu, but the full court wrongly used the provisions of the judgment of this case In the above mentioned case the respondent was selling furniture which was similar to that of the appellant, thus the court said that customers should pay attention to the brand and label of the furniture before buying it But this principle cannot be used in the present case as the advertisement was made to misguide the customers and it is not possible for the target customers to pay attention to every minute detail of the advertisement 7. The dominant message approach was correct according to the high court as the customers were not going to a showroom with proper purchases in mind it is likely that the customers might not pay attention to every minute detail of the advertisement and rely on the prominent message which is given in the advertisement (Hutchison, James 17 September 2013), thus the court decided that the customers should exercise diligence and care but the company should not issue a misleading advertisement with a dominant message which misguides the customers. 8. It was mentioned by the high court that general customers might have the knowledge that the service is only available in bundle with the telephone line but the dominant message given by TPG can change the mindset of the customer as they might expect that there are no additional charges for this service as it was prominently advertised by TGP (Chester, Rodney 29 February 2000). 9. In case of a misleading advertisement it is not necessary to have an intention to mislead the customers as in this case there was no mention in the court about the intention of TGP being misleading neither did ACCC complain about such an intention, they did not have the intention of misleading they just had the intension of advertising their best feature in the deal. 10. The advice to the company will be to highlight the best feature about the offer but also mention prominently about the different additional costs or other hidden expenses properly so that the advertisement is not misleading and the customer can understand everything about the offer properly and then act according to his will, this would be my advice after going through the High Courts judgment of the case ACCC v TPG. References 1. Advertising and the ACL: Fine print couldn't save TPG Internet in the High Court | Clayton Utz. 2015. Advertising and the ACL: Fine print couldn't save TPG Internet in the High Court | Clayton Utz. [ONLINE] Available at: https://www.claytonutz.com/publications/edition/19_december_2013/20131219/advertising_and_the_acl_fine_print_couldnt_save_tpg_internet_in_the_high_court.page.[Accessed 04 February 2015].2. High Court reinstates $2m penalty against TPG | ACCC. 2015. High Court reinstates $2m penalty against TPG | ACCC. [ONLINE] Available at: https://www.accc.gov.au/media-release/high-court-reinstates-2m-penalty-against-tpg-0.[Accessed 04 February 2015].3. Australian Competition and Consumer Commission v TPG Internet Pty Ltd | Opinions on High. 2015. Australian Competition and Consumer Commission v TPG Internet Pty Ltd | Opinions on High. [ONLINE] Available at: https://blogs.unimelb.edu.au/opinionsonhigh/2013/12/12/tpg-internet-case-page/.[Accessed 04 February 2015].4. High Court lo oms for ACCC vs TPG. 2015. High Court looms for ACCC vs TPG. [ONLINE] Available at: https://www.afr.com/p/business/companies/high_court_looms_for_accc_vs_tpg_rOpLZ0UnqAKA3OLrmyy5PP.[Accessed 04 February 2015].5. Astrazeneca Pty Ltd v GlaxoSmithKline Australia Pty Ltd (2006) ATPR 42-106 at [37]. See Campomar Sociedad Limitada v Nike International Ltd (2000) 202 CLR 45 at [104]-[105]. 6. Australian Competition and Consumer Commission. 2015. Australian Competition and Consumer Commission. [ONLINE] Available at: https://www.accc.gov.au/.[Accessed 04 February 2015].7. Case M98/2013 - High Court of Australia. 2015. Case M98/2013 - High Court of Australia. [ONLINE] Available at: https://www.hcourt.gov.au/cases/case_m98-2013.[Accessed 04 February 2015].8. TPG Internet Pty Ltd: Private Company Information - Businessweek. 2015. TPG Internet Pty Ltd: Private Company Information - Businessweek. [ONLINE] Available at: https://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=32755 264.[Accessed 04 February 2015].9. Chester, Rodney (29 February 2000). "Pay TV plan to lift Net result.". The Courier-Mail. p. 9.