HA2022 Business Law Tutorial Questions Assignment 1 Answer
Week 1 Question
Laws are created to maintain order, protect rights or interest, and resolve the disputes of the people in the nation. The main purpose of law is to serve justice to the people. It is a system set up and enforced by the government(s). Every law is made with intention to protect the rights or interest of the innocent people and provide punishment to those who makes any nuisance or offence. Offence is an act or omission that is done with intention to break the law and hurt the rights or interest of the other people. Every offence committed has its own consequences or punishments as per the law. The decisions related to laws are taken by the courts in the nation (Smits, 2017).
In the given case, if there are enough proofs available with the national sporting organisation like National Rugby League or the Australian football League that the player has done any offence then it may suspend that player. The law of the games are made by considering all the rights and wrong that may happen in course of the game and sets up rules that must be abided by the people involved in this course. If any person breaches the set rules then an appropriate action shall be taken against such person either that person may be player or other staff. The action may include suspension of the person (Martin, 2016). Hence, it may be concluded that the sporting organisation may suspend the player for the offence.
Week 2 Question
Precedent may be referred to as any previous event or action. It is also known as ‘Stare decisis’ which means to stand by the previously taken decisions. The doctrine of binding precedent says that all the courts are obliged to stand by the decisions that have been previously taken by it or by other courts. In simple words, court has responsibility to deal the cases with the similar kind of facts and findings in same manner.
The wide view of doctrine of binding precedent tells that the elements of law and justice shall be consistent and decisions taken in line with the previous judgments will improve the efficiency in results. It is easy to apply the points of law in subsequent cases that have previously been decided without repetitive arguments (Andrews, 2016).
The decision taken by the judges of the higher courts becomes a set example for the judges of the lower court and some time for the other judges of the same court. Stare decisis means that all higher courts bind the courts lower to them and sometimes themselves. The final decision is taken by the court on the basis of the facts and findings related to the cases. Hence, it is crucial part for the courts to identify the reasons for the binding between two cases.
Advantages of doctrine of binding precedent:
- Consistent and predictable results
- Faith up on the legal system
- Less time consuming decisions
- Ensures impartiality
- Prevention of mistakes in decisions
Week 3 Question
As per the rules of the law, any act or omission that hurts or damages the rights or interest of others is punishable. The facts and findings related to such cases are tried in the house of court and based up on these the decision is taken by the judges.
In the given case, frank was attending one of the football matches and got hurt by the hit of the football on the head and his arm was also broken. He has all rights to sue the organiser of the game as it was their responsibility to take care of the people attending the match. This incident took place due to the negligence of the organisers in taking the safety measures for the audience. The organisers in the given case are local council and football club. Hence, Frank shall knock the doors of the court and file a case against the local council or football club of the event for the damages caused to him (McKendrick, 2014).
In defence against the case filed by the Frank, the local council or the football club may raise a claim that they are not responsible for the injury caused to Frank. They may claim that they are not the one who kicked the football that caused the injury, and they had no intention to hurt any of the people in the audience. However, in the eyes of the law, organisers will stand guilty for the injury caused and they have to provide compensation for the damages to Frank. In other words, the local council or the football club will not succeed in defending their case.
Week 4 Question
Vicarious Liability may be referred to as imputed liability. It is also known as ‘respondeat superior’ which means that the superior authority will be held liable for the damages caused by the sub ordinates. In other words, the liability for the damages caused by one person will fall on the superior or supreme authority. This type of liability is most commonly observed in the cases of employee-employer relationship where employer is held liable for the damages or harms caused the employee.
The relationship between two people plays very important role in deciding the vicarious liability. If any person is acting or working in the organisation and in control of other person, then that other person may he held liable to the acts of the first. However, it must be examined that the authority to act has been given to the person. Also, the superior have right to recover some contribution from the sub ordinate (Hartley, 2009).
Plaintiff is the person who knocks the doors of the courts to seek justice for any injury or damaged caused to him by the act of other person(s). In order to succeed in the case, plaintiff has to establish that there is damaged caused to him, there is legal relationship between two parties and one of them acts in control of other. He has responsibility to establish that the superior acted with negligence and sub ordinate had authority to act that caused the damages or harm. If plaintiff can establish these things then he will surely succeed in house of court.
Week 5 Question
To be a legally enforceable contract, 4 things are essential.
- Offer: The first essential of a valid contract is an offer. The offer may have certain conditions attached with it.
- Acceptance: The other party shall accept the order with the conditions attached or negotiated. The acceptance may be given in writing or verbally. The party shall be clear about all aspects of the offer.
- Consideration: There must be some consideration in a valid contract. It means the acceptor of the offer shall give something in return to the person making the offer.
- Intention of creating legal relation: Both the parties to the agreement shall have intention of creating a legal relation.
- Certainty: The terms and conditions of the agreement must be clearly stated and understood by both the parties.
- Capacity: Both the parties to the agreement shall be in capacity to execute the contract. In other words, they must have attained relent age and shall be of sound mind (Stone, & Devenney, 2014).
In the given case, Greta made an offer to sell car by advertisement and subsequently Sam responded by asking the price of car. In response to Sam’s question, Greta said that she is not sure about the price but it will be in thousands. Next day Sam arrived with $2,000 for the car and Greta told that she meant $2,500. This does not result in valid contract as there was no certainty in the agreement. Both the parties had different understanding about the price. Hence, it may be concluded that it is not a valid contract