Australian contract and consumer law Contract law encompasses any laws or regulations directed toward enforcing certain promises. We all make contracts almost every day. Whenever we buy a coffee, do the grocery shopping, fill the car up with petrol or purchase a ticket for public transport we are entering into a contract.
Review Fig 1 A Diagrammatic representation Australian contract law four step process 4-step method of competitive law compliance Core commitment to compliance from top down: Before the 4-step method can be applied, the seniors of the board must show utmost commitment to competitive law compliance.
Without this commitment, any competition law cannot be successful. Risk Identification The first step involves identification of all the potential areas of risk. The nature of risk depends on a great extent on the nature and size of each business.
The major types of business threats are: In order to consider the potential risk areas, the following things should be kept in mind: Your customer is also your competitor Your staff attends trade and professional association functions with your competitors They leave your company to join that of your competitor Your employees seem to have commercially sensitive information that can be passed on to your competitors If your industry is relatively small where there are only a few companies, then people can move around such businesses never sticking to one You work with your partners.
For instance, in a joint venture You trade in a market which has been subjected to cartel investigations. These are some of the major risk factors which may be associated with your business.
After you have made risk identification, the next step is to assess your risks. Risk assessment Having identified the main areas of risk, the next important thing is to assess the levels of each risk.
Risks can be divided into three levels: Some members of the staff are considered as high risks. They include senior managers, staff in the marketing and sales department and staff in purchasing and procurement roles.
Other high risk groups include those involved in trade meetings, dealing with the competitors, responsible for price setting and new members of the staff joining the business form competitors.
Medium risk groups include management roles which do not involve regular contact with the competitors or trading partners, back-end staff and non-high risk members joining from competitors Low risk: Manual labor staff, back office staff, HR staff and persons involved in clerical or administrative roles and front line retail staff.
The third step is risk mitigation. This involves suitable training activities in order to bring behavioral changes within the organization in order to achieve a culture of competition law compliance.
For instance, if a business has identified a high risk of cartel activity resulting from staff frequently joining the sales and marketing divisions of the company then the staff should be given competition law compliance training as a part of their induction program.
Risk Mitigation case study An employee became concerned about the email exchanges involving her immediate manager was involved in cartel activities. She brought this to the notice of the company secretary who was responsible for bringing competition law compliance.
The company secretary consulted external lawyers to investigate the matter who told her that there was a cause for concern. The company, with the help of external lawyers, got a leniency agreement with the relevant competition authorities and received immunity from the fines in the case that followed.
The manager who was engaged in such cartel activities was dismissed from the service. Review There must be a review process in store to ensure that the company is fully capable of adapting to the changes occurring inside and outside the company. For instance, a business may use auditing and other internal assessment methods of employees in order to review the process of competition law compliance.
Problems faced by students in case studies related to 4-step method of competitive law compliance The analysis of the business with 4-step method of competitive law compliance requires in-depth knowledge about the companies and businesses. Further, it takes lot of time to present a well researched interpretation of a business situation.
In other words, this is quite a time-consuming assignment for management graduates.
Students falter in the task and soon give up. We are online assignment help service providers having a team of writers who are experienced management professionals and are trained to complete case study assignments on time.Steps 1: The principles or issue of law is whether consideration and intention to be legally bound exist to form a valid agreement between Kate and Suzie for formation of legally enforceable contract.
Steps 2: In order for a legally enforceable contract to be formed, there have three essential elements which are intentions to be legally bound by %(7). Standard Forms of Contract in the Australian Construction Industry Australian Standards revision process 13 3.
Data collection for this project 14 Survey 14 and associated industries the specialised legal knowledge to take the next step in their careers. Working with teachers who are leaders in their fields, and fellow students from.
That’s where contract law case study samples step in to save them. Contract Law Sample - Business and Contract Law In order to answer this question, a discussion on the rule of /5(14K). The Four Step Process. When a relationship comes to an end and a decision needs to be made in relation to the financial property settlement, the Family Law Court must determine a proper division of the asset pool by applying common legal principles.
Australian contract law Jump to acceptance of an offer is effective as soon as it is posted, notwithstanding it may be lost in the delivery process and not received by the offerer. However, the postal acceptance rule does not extend to instantaneous telecommunication methods, such as telephone, facsimile, and, presumably, emails.
Four step process in Business Law Assignment - Identify the legal issue 1 answer below» Students are assessed on their ability to explain and apply their knowledge of the relevant principles and rules of law using the four step process.
Briefly that process is: 1. Identify the legal issue 2. this is contract law Posted 3 days ago.