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Case Study Questions



Australian Constitution act was enacted by Parliament which executed Australia’s commonwealth. Moreover, commonwealth temperament formed powers, roles, and structure of Parliament and discloses a process for modifying authority and the constitution for implementing current regimes to council. Additionally, it issues power making laws to the commonwealth as well as states estimated during federation. Hence, power making laws are classified such as- concurrent, exclusive, residual, and specific powers. Furthermore, differences between such groups are underpinned as-
Hence, power making laws are classified such as- concurrent, exclusive, residual, and specific powers.
Week 2
(A) Issue
 In context with a case, a key issue is whether the contract settled between consumer and vendor firm or not after when the coin is inserted into the machine.
When a firm or service renders provides services to public at large then they automatically set foot in agreement with target customers and individuals who purchase goods and services provided by them. Furthermore, a provision of goods by firms is categorized as a proffer created in general public and it’s presumed as an acceptance if a consumer buys goods of such firms. Therefore, if any defect or error occurs by a firm that's associated with quality, cost of goods, and quantity then the consumer possesses the right to take legal action against the firm. On the other hand, the firm is legally liable to reimburse such damages arising against the consumer’s heed. In the given case, both parties entered into the contract and any party who fails to perform the contract terms and conditions could be sued by the other party. 
In the case of Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256. D, it was held that both the parties if meet the terms and essential elements of the contract then they entered into the legal contract and any party who fails to perform the terms and condition of the contract may file a case against the other party who fails to do so. I accessed vending machinery for buying snacks at the railroad terminal and for such aim, I have placed around $3.50 and collected chips pack from it where I discovered a piece of plastics. On the other hand, it was noted on vending machinery that it was being placed XYZ vending private limited (Fiseha, & Ayele, 2017). Therefore, in the given case, I could sue the XYZ company for not performing the contract and its failure to perform or give the purchased thing which was it paid for. 
 Hence, under such a situation, I have the right for claiming against the firm for dereliction of duty regarding buyers. Moreover, it is not needed to have a particular agreement between the firm and me as a firm sold chips to public at large through an offer to them.
After assessing the case, it is found that the entered contract with the company has been a legal contract. I being the customer of the machine entered into the contract with the XYZ vending private limited who would be liable to any loss or issue I faced after when I inserted the coin in the machine Therefore, I can propose my legal action against XYZ firm and receive my amount which I paid earlier to such firm. This would help me to get the performance of the contract which I had with machine or indirectly with the XYZ vending private limited 
The ability of an infant to agreeing is prohibited by both judicial precedent and rulings. Under the provisions of judicial precedent, an agreement executed by a person who hasn't reached the 18 years age which means minor is pointless or void. Although, there exist several anomalies where the agreement implemented by a minor can behold into account as verifiable or reasonable. Moreover, such an anomaly is advantageous agreements concerning employment and agreements for essentials.  Therefore, an agreement being made for essentials through minor is bound on the two parties. In such a case, essential is comprised of necessities such as meals, clothes, and shelter which is mandatory to sustain minor life. In a similar context with an employment agreement, a minor shall repudiate an agreement concerning adultness/majority. However, in order to form an agreement or contract between the parties to the contract there is need to comply with the essential elements of the contract so that both the parties are abide by these applicable rules and regulation. 
Moreover, it's being advised under rulings that particular agreements implemented by or related with a minor are baseless/void for instance- paying for products provided, agreement for reimbursement of borrowed funds, or agreement for records declared. Furthermore, safety is being provided by law concerning a minor who wills to confirm agreement concerning adultness/majority. Moreover, it's stated that the infant couldn't confirm agreements at the time of minority thereby implementation of a fresh agreement would be needed. Additionally, to avert such cause to another party-specific agreement executed by minors are taken as invalid for instance agreements concerning armed forces, taxes, legal punishments, rules, and regulations related to banking and essentials (Panova, & Buber-Ennser, 2016). In a similar context with an employment agreement, a minor shall repudiate an agreement concerning adultness/majority
Contra proferentem is also known as ambiguity doctrine which simply means going against an offeror. Moreover, while implementing an agreement, an official arbitration is undertaken between involved parties where all agreement parties attempt to accomplish respective interests. At times, a party deliberately access ambiguous and uncertain language while introspecting the situations/circumstances of the agreement for interpreting undertaking in a manner which appears as being on side of every party while in reality it was being pretended by such party for own sake (Black, et al. 2019). Therefore, under such a case contra proferentem is applicable. In general, on the eventuality of a determined term in an agreement, contra proferentem teachings elucidates that expression in against of party's interest/sake who forced to consider such expression under an agreement. Hence, rulings impose blame on the party who proposed such ambiguity or misinterpreted section in an agreement. Moreover, such teachings do not relate to an agreement in which two parties placed confusion section for benefitting respective interests. Therefore, such rulings aren't applicable under case in which ambiguousness isn't authentic and true. On the other hand, the contra proferentem rules require court as a mediator for modifying an agreement's elucidation (Lerman, 2017).
In current business conditions, contra proferentem principles couldn't come into effect as a safeguarding tool if the confusion is incurred under agreement conditions or its sections. Moreover, such regimes can be argued in courts through complaint filing. Although, in business conditions, parties to agreement share identical authority and agreement clause is placed through give-and-take agreement of the two parties, therefore, in such agreements in which possibilities for finding any kind of ambiguousness is infrequent thereby, regimes of contra against is not applicable. Ironically, agreements implemented in context with employment and assurance motive, the rulings can be exercised and discussed before a court (Edelman, 2018).
In context with the provided scenario, an individual named Bryan was appointed as a delivery person by a lady named Amina and he was asked for joining the job in the month of 1st of November. Moreover, Amina wrote a letter informing that Bryan's employment ended because of economic consequences on the 1sst of October (Llewellyn, 2016). In that case, in order to sue any other person, there is need to comply with the implication of the law and rules associated with the case, Therefore, under such a case both Bryan and Amina set foot in an employment agreement and the lady ended the agreement before the commencement of performance concerning an agreement. Hence, under such a case, Amina exercised authority for laying off an employee because of the economic shortcomings. However, as there exists no idea concerning laying off conditions under provided description of the plot, it shall be supposed that the employment agreement possesses no section/article about laying off. Moreover, laying off is exercised by employers for terminating appointed employees either on a temporary or perpetual basis. Generally, the firms do laying off for decreasing inactive human resources for cost-saving or because of economic incapability. Although, the firms can exercise such term-laying off only when it's stated under employment agreement conditions. On the other hand, sections regarding the payments shall be stated under an agreement that describes employee's/worker's rights for earning payment at the time of laying off (Pronto, 2019).
Therefore, in a given plot, Bryan's right to file in opposition to the lady Amina relies on conditions of an employment agreement. Hence, if it's mentioned in an agreement that the lady might lay off his [Bryan] on a temporary or a perpetual basis including the payments concerning wordiness is specified then, he is authorized for receiving a particular cost or price. In contrast with this, if there exists no section in regards to laying off under employment agreement then the person [Bryan] possess an authority to impose particular performances concerning an agreement by the lady Amina and also might impose her to pay to reimburse the occurred damages in opposition to an end of the employment. On the other side, as there exists no idea concerning laying off conditions under provided description of the plot, it shall be supposed that the employment agreement possesses no section/article about laying off therefore, he {Bryan} possess the authority to charge the lady {Amina} concerning the violation of employment agreement. Therefore, in the given case, considering the violation of employment agreement, there could be case between the party. 


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