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Unit 3 Business Law Level 4 City College

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Introduction

Law perceives important role in the solution of different issue and problems to take important consideration (Meek and Butler, 2014). In this aspect, present report based on the two different cases of the Australian market. Furthermore, it carries issue and solution for them to undertake decisions as well.

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PART A

1. What court was this case heard name and jurisdiction

This case is taken in the New South Wales Court of Appeal decisions of interest. In the section 43(3) where source of power for the Tribunal stay for suspension. The court unanimously dismissed the appeal. There are around 12 members exist that syndicate of 12.

2. Is this case a civil or criminal case? Which party bears the onus of proof in the present case?

It is civil case of the part. Mr. Adams face issue and he onus of present case. Therefore, there is proper reason for buying ticket and inferred intend to paid money. There are such necessary elements required which helps to make proper syndication in the environment for paid money.

3. In your own words briefly outline the material facts in this case

Mr. Adams arrange total syndicate to purchase power ball. These returned on the basis of $13.65 so that there are different material and facts in this case implemented such as nine members participation which syndicate separately.

4. Discuss the main legal issues. The case, prescribed textbook and other research will be helpful.

On the primary consideration, Mr king argued that there is no collected $450 at time of ticket purchased. Therefore, it is important to look towards the ticket worth which was dealing on the amount of $50. There is no sufficient reason for the purchasing ticket on the basis of judge acceptance. Therefore, witness of credit considered their winning ticket. Hence, it is important to look towards the Mr king who is member of syndicate of 12 and beneficial in the $40 million.

5. Identify the legal arguments of the appellant.

On appeal, counsel, Mr king argued that Mr Adams only collected around $450 at the time of ticket purchased. In this aspect, objectives are also intention to make additional tickets which was bought for collected amount $600 from all the members. Therefore, it is important to used money syndicate of 12 to buy ticket for the second syndicate.

6. Identify the legal arguments given by the respondent.

Every respondent given their different arguments towards the syndicate. In this aspect, ticket also purchased which included winning ticket according to the entitled and share consideration. On the other hand, Mr Adams only collected $450 instead of 600 so that it also help to make proper syndication of 12 tickets for the second syndicate.

7. Explain how the doctrine of precedent and the hierarchy of Australian courts are illustrated by this case.

The court unanimously dismissed the appeal. Therefore, there is no sufficient reason to reject the primary judge acceptance of Mr Adams as witness of credit. Further, there is primary judge conclusion also made that is used to winning the ticket. Hence, collected $600 from the members is used in the second syndicate. Furthermore, there is only collected amount is $450 to purchasing ticket so that it does not follow inferred that Mr Adams intended to buy ticket for syndicate 12. Unnecessary consideration of Mr King beneficial for the interest in $40 million.

8. Which is successful party in the case

Mr king was successful party who ensure that effective results considered at workplace to make systematic work performance in the present case study. With the help of the members' participation, there are ticket included for winning which is beneficial for the syndicate 12.

9. Do you think the outcome of this case is fair? What business law lessons did you learn after reading this case?

As per my opinion, this case is fair but there is no proper consideration included regarding proper management of ticket purchase (Morse and Deutsch, 2016). Therefore, it will entitle to share of the winning. On appeal, arguments by Mr King seen on the basis of additional tickets. Therefore, in the morning, it was taken on the basis of second syndicate.

PART B

1. Case law to support the answer

In the particular advertisement, Mr Geni is legally obligated to make proper response towards the advertisement. In this aspect, it is important to look towards the payment of $20,000 to Jill. This is because, there are different areas covered which helps to solve problem of customers who suffer from diagnosed. In the new formula, there is virus exist which need to solve with implement different solution as well. Therefore, it can be stated that advertisement requirement proper management and functioning with customer could buy before getting solution for new flu sick (White, McDonald and Willmott, 2014). Health drink also provided in the common law which is legally obligated for Jill. In this way, civil case implemented that considered partial information with name of party and jurisdiction. In addition to this, there are different subscription, which provide databases to recommend Case. AustL ll simply implemented which helps to make search on top of the screen. In this aspect suggestions also implemented to make proper solution towards the case. In this aspect, Western Australian Reports are available to find solution for particular case.

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2. (a)

Shen unable to get out of the agreements. This is because, once a person enter is contract he/she unable to out as their own decisions. This is because, on the basis of agreements, Shen set their contract with store suppliers and delivery shortly with the changes regarding it. Apart from this, there are mainly two contract set such as Shen and store suppliers another one is Shen and Remi. There are several areas covered that helps to focus on the proper payment and delivery shortly (Costa, Douglas and Shircore, 2015). In respect to make proper consideration, it can be stated that there are appeals against decisions of the RMS developed as solution that assists to make proper consideration in the environment towards the present case.

Apart from this, State Reports WA 1979 cases decided by the District court in which exercising state jurisdiction consider Racing Penalties Appeal Tribunals. Most of the cases in the country considered in High court so that it is important to look towards the decisions that are made according to the subsequent outcomes (Keogh, Gordon and Marinovic, 2018). In this way, overturned legislation name included in the specific section which related with the instrument and searched for the terms and conditions. In the database, parties included such as Shen, Remi and store supplier. Different contract maintain with them so that it is important to look towards the cases in the field menu.

2. (b)

In respect to give suggestions to Shen, it can be stated that Alternative Dispute Resolution helps to make solution with effective procedure. In this way, setting disputes without litigation such as arbitration, mediation, etc. implemented as the negotiation. ADR procedure usually consider less cost so that Shen need to adopt this to solve her problem. In addition to this, it reduced problem related with the results that undertaken on the basis of high profile labour disputes, divorce actions, etc. In this process Shen could able to inform third party regarding dispute and issue decisions as well. Therefore, issue solve with making binding decisions and non binding activities as well. Binding decisions ruling that parties are abided with the agreement so tat people could be ignore as well (Hoang and Reich, 2017).

Further Arbitrator is a impartial person who gave power to resolve dispute and hearing each side before taking any decisions. In this aspect, it is important to proceeding evidence and arguments that are present to take decisions and solve issue as well. Moreover, Shen consider collaborative procedure in which mediator works as the parties to come up with mutually agreement solution. Alternative Dispute Resolution intended to reduce cost and tress level that consist association with court (Australian Cases, Legislation and Law Reform: Case Law, 2018). Parties are also engaged to develop ADR proceeding with consultation and make agreement to represent legal dispute. Arbitrators and mediators represent to proceed resolution so that proposal make effective consideration in the environment.

Instead of hiring lawyer, ADR process shows single power to act and guide for third party to make resolution towards the effective results and outcomes. In this way, legal issue need to be taken on the basis of options that are understood as the important methods and promote Shen issue.

Conclusion

In order to carry the above report, it can be summarised that law consider important role in every business and attain systematic work performance. In this way, solution are made by the country through taking some important consideration. Furthermore, it summarised about the Case of King Vs Adams regarding Syndicate ticket. In this way, different members issues solve with the present report. In addition to this, another case consider with Shen to make solution towards the contract law with ADR solution.

References

  • Costa, C., Douglas, H. and Shircore, M., 2015. Abortion law across Australia–a review of nine jurisdictions. Australian and New Zealand Journal of Obstetrics and Gynaecology, 55(2), pp.105-111.
  • Hoang, K. and Reich, S., 2017. Managing crime through migration law in Australia and the United States: a comparative analysis. Comparative migration studies, 5(1), p.12.
  • Keogh, K., Gordon, C. and Marinovic, P., 2018. Cyber security: Global developments in cyber security law: is Australia keeping pace?. LSJ: Law Society of NSW Journal, (42), p.82.
  • Meek, P.D. and Butler, D., 2014. Now we can ‘see the forest and the trees too’but there are risks: camera trapping and privacy law in Australia. In Camera Trapping: Wildlife Management and Research (pp. 332-346). CSIRO Publishing.
  • Morse, S.C. and Deutsch, R., 2016. Tax Anti-Avoidance Law in Australia and the United States.
  • White, B., McDonald, F.J. and Willmott, L., 2014. Health law in Australia. Thomson Reuters (Professional) Australia.
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