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Business Law case question(Australian Law. prefer AU WRITER!)

Order Description

ONE REFERENCE for each question. DONT write over the WORD LIM for EACH question.

Question 1
In May 2013 the Queensland Government passed the Commercial Leases Act 2013 (Qld) [fictional] to regulate commercial leases within Queensland.  Section 4 of the Act provides that a retail shop is only permitted to open on Sundays, or a declared public holiday in Queensland, between the hours of 10.00am and 4.30pm. Section 5 of the Act provides that when opening on Sundays, a retail shop must only use staff that have volunteered to work on that day.
Roderick is the owner and operator of two duty free shops: one located in Brisbane City and the other located at Brisbane Airport on Commonwealth land.  Roderick’s lease for Brisbane Airport requires the duty free shop to trade on a continuous 24 hour basis to cater for the arrival and departure of international travellers.  The Brisbane City shop opens for trade on Sundays between 9.30am and 3.00pm.
The Brisbane Airport lease is made under the Commonwealth Airports Administration Act 2008 (Cth) [fictional] which operates in relation to all Commonwealth owned airports. Under Section 13 of the Act, the Federal Aviation Corporation may enter into a retail lease in respect of any airport terminal owned by the Commonwealth; and may do so on such terms as the Corporation may determine for the benefit of the travelling public.
Required
(a)    What is the effect of section 109 of the Commonwealth of Australia Constitution Act (“The Constitution”); and how does section 109 operate in relation to an Act passed by the Queensland Parliament?    ( 3 Marks)

(up to but not exceeding 250 words)

(b)    What power/s does the Commonwealth Parliament have under The Constitution to enact the Commonwealth Airports Administration Act 2008(Cth)?  As part of your answer, explain where constitutional disputes might be heard.       (3 Marks)

(up to but not exceeding 250 words)

(c)    Does the Commercial Leases Act 2013 (Qld) impact upon the trading operations of either of Roderick’s two duty free shops? (6 Marks)

(up to but not exceeding 350 words)

(Sub-total 12 marks)

Question 2
Sydney Harbour Rescue Pty Ltd (Sydney), a privately owned company, provides sea patrol and rescue services to the NSW Government under a highly profitable ten year contract.
In January 2014, Sydney contracted with Brisbane Marine, a Queensland-based boat manufacturer, to build and supply a newly designed high speed wave-piercing catamaran. The contract price was $650,000. The contract specified that the new catamaran must be able to operate at a continuous speed of at least 50 knots full of fuel, with a crew of five; and have an operational range of at least 250 nautical miles. The contract also specified that the catamaran was required to be finished and delivered to Sydney by 30 June 2014; otherwise Brisbane Marine would pay liquidated damages of $80,000 per day up to the date of delivery.
Four months into to the contract Brisbane Marine informed Sydney that it would not be able to complete the project on time without payment of an additional $85,000. Brisbane Marine indicated they would use the money to engage additional contractors to work on the catamaran.  In a brief face-to-face meeting, Sydney initially informed representatives of Brisbane Marine that it had a binding contract and would claim liquidated damages if the catamaran was not delivered on the specified date.
Three days after that meeting with Sydney representatives, Brisbane Marine informed Sydney in writing that no further work on the catamaran will be undertaken until the $85,000 is paid.   Reluctantly, Sydney pays the additional money, to ensure delivery of the catamaran by 30 June 2014 and to meet its contractual obligations with the NSW Government.
After delivery of the catamaran, Sydney found that it proved quite unsuitable for harbour patrol and rescue use. The new catamaran was very unstable in bad weather: it was slow and couldn’t exceed 30 knots, fuel consumption was excessive, and the engine broke down several times requiring expensive repairs of $30,000. After just five months use, Sydney had little option but to withdraw it from service. The catamaran was sold for just $200,000.
To avoid the risk of breaching its demanding harbour patrol and rescue contract, Sydney then bought a larger, more capable $1.3 million patrol boat from TasKat, a Tasmanian boat manufacturer.
Required:
(a)    Is the liquidated damages clause in the contract with Brisbane Marine valid?    (3 Marks)

(up to but not exceeding 250 words)

(b)    Could Sydney claim economic duress in relation to the additional payment? If not, would the additional payment be recoverable for lack of consideration?     (4 Marks)

(up to but not exceeding 300 words)

(c)    Sydney seeks your advice as to whether it can sue Brisbane Marine for damages under Australian common law contract rules.                                                              (5 Marks)

(up to but not exceeding 350 words)

(Sub-total 12 marks)

Question 3
Common law misrepresentation overlaps with the statutory misleading conduct provisions.
(a)    Explain how section 18 of The Australian Consumer Law differs from an actionable claim for misrepresentation under general common law.

(up to but not exceeding 250 words)

(3 Marks)

(b)    Explain how remedies under The Australian Consumer Law for a breach of section 18 differ from the remedies available for misrepresentation under general common law.

(up to but not exceeding 250 words)

(3 Marks)

(Sub-total 6 marks)

Question 4
ABC Limited (“the Company”) is a small goods manufacturer in Brisbane. The company wants to appoint an agent to source international buyers specifically in the Asian market for the purchase of its small goods.  The agent will have authority to enter into contracts up to $5 million on behalf of the Company.
(a)    What general advice would you give to the Company regarding the agency appointment? Include in your answer advice regarding the duties and rights of the incoming agent.     (3 marks)

(up to but not exceeding 250 words)

(b)    Outline the significance of any restrictions of the agency appointment. Include in your answer any remedies available to the Company if the agent exceeds the restrictions.      (3 Marks)
(up to but not exceeding 250 words)

(cont.)
In January 2014, ABC Limited appointed Xerxes under a two year express agency agreement, to the advertised position of sole agent for the Asia region.
In April 2014, Xerxes obtained, on her own initiative, a highly profitable twelve month contract for an Icelandic company, Chilled Invested Limited to purchase a variety of small goods from ABC Limited.  The contract was to commence 1st June 2014. The contract sum was $5 million.
In September 2014 ABC Limited had second thoughts about continuing to sell the goods to Chilled Invested Limited.
(c)    Is ABC Limited able to withdraw from the agreement? Is there a valid purchase contract in place?     (4 Marks)

(up to but not exceeding 300 words)

(Sub-total 10 marks)

TOTAL 40 Marks

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Sample Answer

Compelling correspondence is essential to the achievement all things considered but since of the changing idea of the present working environments, successful correspondence turns out to be more troublesome, and because of the numerous impediments that will permit beneficiaries to acknowledge the plan of the sender It is restricted. Misguided judgments.In spite of the fact that correspondence inside the association is rarely completely open, numerous straightforward arrangements can be executed to advance the effect of these hindrances.

Concerning specific contextual analysis, two significant correspondence standards, correspondence channel determination and commotion are self-evident. This course presents the standards of correspondence, the act of general correspondence, and different speculations to all the more likely comprehend the correspondence exchanges experienced in regular daily existence. The standards and practices that you learn in this course give the premise to additionally learning and correspondence.

This course starts with an outline of the correspondence cycle, the method of reasoning and hypothesis. In resulting modules of the course, we will look at explicit use of relational connections in close to home and expert life. These incorporate relational correspondence, bunch correspondence and dynamic, authoritative correspondence in the work environment or relational correspondence. Rule of Business Communication In request to make correspondence viable, it is important to follow a few rules and standards. Seven of them are fundamental and applicable, and these are clear, finished, brief, obliging, right, thought to be, concrete. These standards are frequently called 7C for business correspondence. The subtleties of these correspondence standards are examined underneath: Politeness Principle: When conveying, we should build up a cordial relationship with every individual who sends data to us.

To be inviting and polite is indistinguishable, and politeness requires an insightful and amicable activity against others. Axioms are notable that gracious “pay of graciousness is the main thing to win everything”. Correspondence staff ought to consistently remember this. The accompanying standards may assist with improving courtesy:Preliminary considering correspondence with family All glad families have the mystery of progress. This achievement originates from a strong establishment of closeness and closeness. Indeed, through private correspondence these cozy family connections become all the more intently. Correspondence is the foundation of different affiliations, building solid partners of obedient devotion, improving family way of life, and assisting with accomplishing satisfaction (Gosche, p. 1). In any case, so as to keep up an amicable relationship, a few families experienced tumultuous encounters. Correspondence in the family is an intricate and alluring marvel. Correspondence between families isn’t restricted to single messages between families or verbal correspondence.

It is a unique cycle that oversees force, closeness and limits, cohesiveness and flexibility of route frameworks, and makes pictures, topics, stories, ceremonies, rules, jobs, making implications, making a feeling of family life An intelligent cycle that makes a model. This model has passed ages. Notwithstanding the view as a family and family automatic framework, one of the greatest exploration establishments in between family correspondence centers around a family correspondence model. Family correspondence model (FCP) hypothesis clarifies why families impart in their own specific manner dependent on one another ‘s psychological direction. Early FCP research established in media research is keen on how families handle broad communications data. Family correspondence was perceived as an exceptional scholastic exploration field by the National Communications Association in 1989. Family correspondence researchers were at first impacted by family research, social brain science, and relational hypothesis, before long built up the hypothesis and began research in a family framework zeroed in on a significant job. Until 2001, the primary issue of the Family Communication Research Journal, Family Communication Magazine, was given. Family correspondence is more than the field of correspondence analysts in the family. Examination on family correspondence is normally done by individuals in brain science, humanism, and family research, to give some examples models. However, as the popular family correspondence researcher Leslie Baxter stated, it is the focal point of this intelligent semantic creation measure making the grant of family correspondence special. In the field of in-home correspondence, correspondence is normally not founded on autonomous messages from one sender to one beneficiary, yet dependent on the dynamic interdependency of data shared among families It is conceptualized. The focal point of this methodology is on the shared trait of semantic development inside family frameworks. As such, producing doesn’t happen in vacuum, however it happens in a wide scope of ages and social exchange.

Standards are rules end up being followed when performing work to agree to a given objective. Hierarchical achievement relies significantly upon compelling correspondence. So as to successfully impart, it is important to follow a few standards and rules. Coming up next are rules to guarantee powerful correspondence: clearness: lucidity of data is a significant guideline of correspondence. For beneficiaries to know the message plainly, the messages ought to be sorted out in a basic language. To guarantee that beneficiaries can without much of a stretch comprehend the importance of the message, the sender needs to impart unmistakably and unhesitatingly so the beneficiary can plainly and unquestionably comprehend the data.>

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