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7159AFE Case Study on Principles of Business and Corporations Law Assignment
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Application of Law
The case, as mentioned above, is the thorough documentation of the misleading and the negligence of specific property-related issues as well as the creating misconception among the investor. In this particular case, a particular person was interested in investing a lump sum amount in the particular investment organization for less time period and with a return of 80%. But according to the documented report, he was concerned with the manager of the individual company to know about the policy and the guidance of the investment organization. Then the company manager also creates a misleading to the different criteria in the investor mind. Then the complexity created among the individuals’ investors about the planning of the investment to the organization. The manager of the company was also confused and having little knowledge about the policy of the organization.
According to this situation, the confusion created in the mind of the Mr. Bruce. The application of the law, which is covered in the area of the misguided to the investment policy and the coverage according to the legislation plan, was discussed in this particular report. The report is based on the legislation Act of the particular organization named Australian Securities and Investment Commission (ASIC), which was established in the year (1998 gov.au, 2020).
According to the provided guidelines of this particular organization, there are certain prospects that are covered in the particular ground of providing coverage about the securities and the Investment assurance. There are few legislative instruments used to demonstrate to the particular aspect. Those instruments are listed below,
i) “The Act of the Corporation Act 2001” administered about the factor of the exempt about particular individuals.
ii) The act also helps to modify or clarify the particular issues which have already happened.
iii) The particular ground is also involved in the particular aspect to determine and make a declaration about a certain perspective, which is covered to the investment policy.
The legislative instrument‘s implications are based on the solving aspect of the several issues that are implemented from a broad perspective. This is generally used in the ground of the particular individuals in specific incidents, with the cooperation of the research through the market as well as the syndicate policy and the plan to the investment. The rules have changed in the year of 2015, at the prior time. It was only the concluding factor of the class order and the particular aspect. But after the regeneration of 2015, The aspect of the legislation perspective has changed through the ground of the full demonstration, examples, and the ASIC Corporation (austlii.edu.au, 2020).
Besides this perspective, the particular case of misleading a particular individual to the component of solving the issues which are incorporated through the particular perspective of the implemented certain law in the ground of the investment policy and management of the certain investment ground. The research perspective is also concerned about the factor of a certain consolidated activity.
“Dangerous Recreational Activity” is the most fundamental aspect which is covered in this particular background. This act in the engagement of the prescribed in the ground of the enjoyment spent of the leisure and the relaxation period and the demonstration of the significant perspective of the physical harm. This is the basic concept of proving the safety and security to the management of the insurance and the loss of the money of the particular individuals. In this particular act, there is the consolidated research concept of the perspective’s liability, which is related to the concept of recreation activity.
Besides this factor, another perspective is consolidated through the aspect of the “Obvious Risk ” under division 3, which is always the most common factor of investing a lump sum amount in the investment fund of the particular organization. After that, the guidance in the aspect of the determination of the risk factor, the particular organization will be liable if the particular person will engage in some types of physical harm and the aspect of the materialization that should be incorporated in the factor of the obvious risk matter. This particular ground is concerned about both the cases of if particular individuals are suffering from any type of physical harm as well as the awareness of the risk provision.
After all those predictable conclusions, there is a difference of a particular perspective, which is consolidated in the aspect of the misleading and the deceptive conduct during the dealing of a certain amount of the business relation. In any person is conducted any loss in the service of the commerce and the conducted investment, which is incorporated through the guidance of the relation of the financial misconception as well as the miscommunication and the misleading to the particular concerned. The idea to implement or apply individual acts against a particular organization is always adverse to the reputation of the particular organization.
There are several conducting of the implication of the law as well as the act which should be related in the perspective of t eh loss which had been faced by Mr. Bruce. Those implementable criteria are –
- Under section 670A, the law of the Corporation Act regards through the detailed documentation of the factor.
- Under section 728, the Corporation Act, this is mostly concerned about the concept of the fundraising document’s deceptive agenda.
- Under Section 738Y, The Corporation Act was covered in the particular perspective of the detailed demonstration through the perspective of the CSF offer issues as well as the other provided liabilities.
The report is documented in the different aspect of the issues are corporate through the perspective to implemented certain laws and the regulation which are demonstrated through the particular organization named, “Australian Securities and Investment Commission” (ASIC) which has incorporated certain laws and the regulation which can be prescribed in the perspective of the different which is implemented through the detailed demonstrations the facts which had happened in the case of the Mr. Bruce (misleading by the principal Mary which belongs to the BETA organization) and the application of the prescribed laws which can be the best assessment of the law and the direct implementation.
The report is demonstrated in the factor of the details concluding portion what in the wrong perspective of the particular case as well as the factor of the apply the law to the particular organization, which should be concerned with the organization as well as the particular person.
After that, in the close demonstration of the case that is the recorded report that is reported against the Beta group, which is recorded in the relation of the ASIC commission. The primary function of the reporter is to describe and detailed demonstration of the law and the rules of the to get the punishable act, instead of reporting as the most performing organization, which is vital in the different factors of the guided through the concept of the creating misconception among the investor. After that, the Mary was the principal of the particular organization who is the most responsible person to handle all the agenda as well as the detailed demonstration of the certain perspective of the judge, the factor which is according to the perspective to the concept of the misleading and the hidden idea to corrupt the business.
The judgment of the certain is not conformity to the actual ground but also documented as the trial factor to the perspective of the issues and the related corporate factor. The report was documented according to the documented report of the Mr. Bruce, who had suffered a period which is full of the misleading and also faced a feeling that the communicated com[panty are not maintained about the safety policy as well as the report about the Mrs, Mary who is the fundamental performing body to the perspective of the report demonstration.
According to the total outcome from this particular report, this can be analyzed as the researcher of the particular case. There are certain drawbacks of the particular organization, which was named the BETA organization.
- Instead of being a listed organization of the Australian Securities Exchange (Licence No. 987654), the organization is not aware of its performing duty.
- The aspect of providing security to t consumers and aspect to assure the property of the investor is less.
- There is no short time investment plan which was desired by Mr. Bruce.
- After that, the ground of negligence also reported about them.
The case is demonstrated about the factor of the detailed description of a certain perspective, which is related through the ground of the detailed demonstration about the factor and the implementation of the issues related perspective, which is incorporated in the prescribed ground.
The case is the detailed demonstration of a certain case, which is documented in the perspective of the issues related to the concept of the investment. Mr. Is the particular person who was a retired senior officer posted as Director-General of the State’s Treasury Department of the State Government of Queensland, who wished to invest an amount of the 2 million dollars to his own business organization. Besides that, he also had some qualifications and a degree from the “University of Dalby in Western Queensland” in the course of the “Financial Planning” by the methods of the online education program. After the retirement of a certain post, he was also interested in the concept of business investment. By showing a certain advertisement of the company Hedge Cash and Carrie (HCC) it has prescribed an advertisement of the Syndicate Mezzanine according to the track record of the fixed-rate, secured policy of the money lending as well as the installment of the negative equipment of the particular organization.
The confidence of the Mr. Bruce was confident about the certain concept of the description of the exchange policy and the knowledge of the rigorous training, and the advice through this position was emphasized to the particular aspect also. By consulting the concept and the case of the investment with the principal of the Beta group, there was no fruitful result for MR. Bruce, which could be helped to describe the investment plan of him. After that, there was a different complaint that Mary was not concerned about a certain factor, and she was neglecting about receiving all the phone calls as well as the emails also (Stickley, 2017). There was the lack of the providing the factors of the promissory note to the consumers and the service of the investment period for less than six months as well as the return policy of the 80% debt rate. After all those factors, the description also covered that this issue leads the organization to the sharp decline of the company, that the group was full of worthless employees and the business plan also (legislation.gov.au, 2020).
Implementation of Laws
The law is incorporated through several dimensions, a certain perspective of the Legal Defense of the case of the negligence in the ground of Queensland. The organization was performed in the concept of a detailed description of the provided factor. There are certain factors that are corporate through the different aspects of the consolidated ground, which should be implemented as the punishable act to the dimension of the organization (cartercapner.com.au, 2020).
Those factors are- i) Obvious risk
- ii) Risk of Inherent Factor
iii) Risk incorporate through the concept of the Voluntary service
- iv) Danger incorporated with Dangerous Recreational activity.
- v) Illegal Performance.
vi)Negligence of the Contributory.
vii) Accidents caused by the Inevitable Performance.
In this particular research report, there are certain perspectives that are consolidated through a certain perspective of the decision-making of the obvious factors which are related through the agenda of the analysis on the different perspectives of the case by case. The particular aspect is well described in the act of the “Civil Liability Act 2003 under section 13”.
The determination of the risk factor is determined in the ground of the failure sacrament as well as the determination of the maintenance of the properly accessing criteria, which are demonstrated as the primary concern of the consolidated ground also. Besides that aspect, there is a certain perspective that is incorporated in the basic ground of the inclusion and the exclusion of all types of the liabilities, which is incorporated through the detailed demonstration of the “Australian Consumer Law 2011”.
According to the detailed demonstration of the “Civil Liability Act,” there should be any type of analysis that is close resemblance through the performed structure as well as the defendant’s self and the plaintiff the factor also. The implementation of the Australian government is described through all types of regard, which closely resembles a particular perspective (queenslandlawhandbook.org.au, 2020).
Application of Law
According to the direct intervention of the implementation of a certain ground of the law factor, which should be incorporated into the perspective of the research program, which is related through the perspective of the application of the laws in the same related cases, which is structured in the same perspective?
As an example of a similar case, it was performed in the particular cafe of the Paisley, which is documented to the evidence of the law of negligence and not performing the factor which is related through the duty of care. In this particular case, a waiter was pouring the flavor of the ginger beer in the ice floater decorated with the cream, but suddenly in this place, a snail emerged from the beer bottle. The lady was totally disappointed about this factor and became ill for this negligence in work performance (Dietrich, 2020). The lady consulted with a local solicitor about the judgment about the misconduct and lodged a case against this particular cafe. After that, she won the case and received a large compensation from that organization. After that, there was a certain concept that was related to the correlation of the discussed through the detailed demonstration of the related issues of the negligent act as well as the duty of care.
Duty of Care
Duty of care is generally a concept to facilitate the consumers of all aspects (Middleton, 2020). The concept demonstrated that if there is any harmful action performed by you that could be with the knowledge of you or not but the fault of you, which can be harmful to the other service receiver, then it will be a punishable act in all directions.
There are certain factors which are consolidated in the aspect of the duties and the concept of the case also, those are-
- The fundamental occupant of the land and the individual visitor of the land.
- The consulted doctor and the suffered patient.
- The learner of the institutional organization as well as the involved teacher also.
- The manufacturer company as well as the consumer of the particular company.
- The constructor of the road and the user of the constructed road.
- The employment management authority and the employer,
- The landlord of a house and the tenant also.
- The passengers of any transport system and the service provider
The case was performed not only from the perspective of the details demonstration of the certain concept of the neglect of the service but also the lack of providence of the detailing of the service and the security aspect of the consumer money also. Though the organization is incorporated as the most recognizable brand of the list of the Australian Securities Exchange (Licence No. 987654), there are many through back in the serviced possibilities. Mr. Bruce was the knowledgeable consumer of the particular organization, which incorporated a certain period for gaining knowledge of the business implementation. But surprisingly, there was no satisfaction of the consumer documented as the good reputation of the particular company.
After this factor, there was also the basic perspective of all the facilities of the service for a short time period (ASIC, 2019). Besides all the factors, the principal of the particular organization was also very weak to satisfy all the consumers of this. After that, the negligence was intorrarateable to the customer handling executive of the BETA group that is related to the aspect of the investment policy also. All these factors are the basic concept to lead a particular organization to the way of the sharp decline according to the track record of a particular organization also. This is not regarded as the basic consolidated factor which should be concerned as the prime aspect of the particular organization named the BETA group also.
ASIC, 2019. Australian Securities and Investments Commission Act 2001.
Dietrich, J., 2020. Intentional Conduct and the Operation of the Civil Liability Acts: Unanswered Questions. The University of Queensland Law Journal, 39(2), pp.197-223.
Middleton, J., 2020. Submission on how Queensland CTP Insurance Should be Improved.
Stickley, A.P., 2017. Illegality as a defence to negligence. Australian Civil Liability, 14(5), pp.73-75.
austlii.edu.au, (2020) Consol Act. Available act:http://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s18.html [Accessed On: 20.09.2020]
cartercapner.com.au, (2020) Compensation-Lawyers Available at:https://cartercapner.com.au/compensation-lawyers/civil-liability-act-2003-duty-of-care/ [Accessed On: 20.09.2020]
gov.au, (2020) Regulatory-Resources. Available at:https://asic.gov.au/regulatory-resources/find-a-document/legislative-instruments/#what-are-leg-instruments [Accessed On: 20.09.2020]
legislation.gov.au, (2020) Legislation Act Available at:https://www.legislation.gov.au/Details/C2018C00438/Download [Accessed On: 20.09.2020]
queenslandlawhandbook.org.au, (2020) Defenses To A Negligence Action Available at:https://queenslandlawhandbook.org.au/the-queensland-law-handbook/health-and-wellbeing/accidents-and-injury/defences-to-a-negligence-action/ [Accessed On: 20.09.2020]