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Expert help when you need it- Q1:Question 1: A. Explain what is meant by the separation of powers doctrine, and why it is considered so important in a common law system. In your answer give examples of the advantages of such as system, and real life examples of how it applies B. Does the separation of powers actually apply in Australia, or are there reasons to believe this does not perfectly apply in Australia? [What are the exceptions to the doctrine that can be observed in Australia] See Answer
- Q2:Question 2 Explain the distinction, operation and application of civil law from that of public law. In your explanation outline various branches of each type of law, and also the different degrees of proof required, and the parties who may be involved in applying such law. [Explain the different types of law, standard of proof and the onus on which parties must prove their case] See Answer
- Q3:Question 3 Geoff is a protester who is against duck hunting in Victoria. Geoff disrupts all duck hunting events, and is eventually arrested for disturbing the peace; he is brought before the Magistrate’s Court. Geoff claims his right of freedom speech under the Australian Constitution, and hence this court has no authority over him. Explain which court must decide whether Geoff has such rights under the Constitution, and why that court is involved. What would be the effect of a court actually determining that he did have a right of freedom of speech under the Constitution? What if the court made a decision which the government found to be unreasonable under current opinion? [Look at the hierarchy of the court system, the role of the High Court, and the role of parliament in interacting with court decisions] See Answer
- Q4:Need to do in 1800 words->>the 8 reference files have all cases that we need->>not a research task just using the cases from the readingsSee Answer
- Q5:1. Explain why you've selected this case from among those available to you. Not "it was first on the list." (10 points) 2. Tell us when and where this was case was decided - note the Court making the decision and the year of the decision. (10 points) 3. Tell us what happened in the case - provide some general background, but focus on the "substantive facts" - the facts that were important to the Court in making its decision. (25 points) 4. Tell us what the Court's decision was in the case - what its final conclusion was. Tell us if there were any concurring or dissenting opinions in the case and provide a short summary of what they said. (10 points) Tell us if you think the Court made the right decision and why. (5 points) 5. 6. Tell us why this case is important in our study of Business Law - what concept does it cover, and how did it help you understand that concept. (20 points) 7. Provide a link to something that was written about this case, other than from a Business Law textbook. (10 points)See Answer
- Q6: DRAFT ANNOTATED LETTER AGREEMENT ASSIGNMENT INSTRUCTIONS OVERVIEW INSTRUCTIONS Assume you work for a manufacturing company and have been asked to draft a letter describing the terms of a proposed contract for the sale of the company's product. The letter will take the form of a standard professional letter, will include an initial paragraph describing the nature of the proposed agreement, and will then include numbered paragraphs, each identifying the distinct terms of a sale of products between the seller and the buyer, based on the criteria below. At the conclusion of the letter, you must prepare a signature line for a representative of your employer, followed by a signature line for the prospective buyer. The rest of the content of the agreement is up to you, but do your best to anticipate all of the legal issues that need to be addressed, draft your agreement for clarity and consistency, and ensure the agreement is well organized. The letter agreement must meet all of the following criteria: 1. You must imagine your own unique, hypothetical product to sell, describe the product in your contract, and give your product a name. The product must be capable of being mass-produced. The product must reasonably comply with the request of the required terms below. 2. You should assume that the product being sold is manufactured by the seller. 3. You must identify the quantity of product being sold to the buyer. The product you use and the quantity you select must be capable of being delivered in a single 3¹ × 3' x 3' cardboard box. 4. You must identify the total price of the product sold. The price must exceed $1,000. 5. Your contract must address how the product will be delivered to the seller, the cost of delivery, and who is responsible for the cost. 6. Your contract must address all warranties that accompany the product. 7. Your contract must address how and when the buyer pays for the product. Payment must be made after the product is delivered to the buyer. 8. Your contract must address what happens in the event buyer fails to pay for the product. 9. Your contract must include a liquidated-damages provision that addresses what happens if the seller breaches the contract. 10. Your contract must address parol evidence. 11. Your contract must address how the parties can modify the contract. 12. Your contract must address how the buyer can manifest assent to the contract. 13. You should include any other provisions you believe are appropriate to include in this type of contract. The letter agreement must be 1-2 single-spaced pages. Use numbered paragraphs and headings to organize the agreement; ensure clarity of the terms, and proofread your letter carefully. Once the letter is completed, draft a legal memo to your instructor. The memo should be 2-3 pages. In the memo, be sure to do the following: 1. Fully explain why each paragraph included in the letter agreement is legally significant- i.e., explain which legal rules or concepts learned in this course are at work in each paragraph, and provide authority for any legal rules or concepts you identify, using Bluebook citation form. Your authorities must come from your textbook for this course, the Restatement (2nd) of Contracts, or the Uniform Commerical Code for your citations. Do not cite any other authorities. 2. Explain why you drafted each contractual term the way you did, i.e., why you think the term(s) in each paragraph is/are good for the seller and reasonable for the buyer. 3. For any provision you expect the buyer might find objectionable, explain why you expect an objection, and provide your reasoning for why the seller should insist on the language you have drafted. 4. For purposes of drafting the letter agreement, you may use outside sources, contract forms, or sample agreements that you might discover in outside research; however, you must fully disclose all sources you in any way rely upon to inform how you draft your letter agreement by citing them in your accompanying memo. While you may use outside sources to find ideas and even sample language for your letter agreement, the office memo must be entirely your own work product. You may not rely on any other student's work product.See Answer
- Q7:Part 2 1. Rick wants some blinds for his new apartment so he goes into the Blinds for You (BfY) shop on Cross Street, Islington. Rich tells the BfY clerk that he wants horizontal blinds like the sample he is shown in the store. When Rick asks how much this will cost, the BfY clerk replies: "£20 for each blind, the size of the window doesn't matter." Realizing that this is a good deal because of his extra-large windows, Rick agrees, writing down the measurements he needs on an order form as he pays for both windows. He puts down 90 for width and 210 for length and next to colour writes "white". The clerk takes the form and the £40 and Rick asks: "What about delivery?" The clerk replies that delivery in the UK is free. "Oh that's fantastic," Rick adds, writing down his home address on the remote Isle of Arran, Scotland. With that Rick leaves the store. Two months later, the blinds still have not arrived and Rick is angry because of the delay. Just when he is getting ready to write a strongly-worded letter to BfY a package arrives at his door. In it he finds a tiny horizontal blind measuring 9cm wide by 21cm long. Enraged at the useless size and colour (it is matt white rather than gloss white as he had wanted) he notices a copy of the form he filled out in the package, clearly showing measurements in millimetres not centimetres. There is also a typed note in with the package stating that the second blind was sunk at sea in a hurricane during shipping, but no compensation is offered. Advise Rick as to his rights and remedies, if any, against BfY.See Answer
- Q8:2. Janice tacks a note on the cork notice board in her dormitory of Town University saying that she wants to sell her coffee table for £30 which she states is in "perfect condition". The note has little tear off strips with her mobile phone number. She gets a text from Walter an hour later at 10 am which reads: "What's the lowest price you'd take for the coffee table?" She quickly replies: "It's yours for £25." Two hours later she gets a text from her cousin Trudy who is studying at another university asking if she can buy Janice's coffee table, adding: "I'll pay you whatever you want for it." Janice then gets a phone call from Trudy's mother and tells her: "Tell Trudy I'll bring over the table next weekend." She then bumps into her classmate Ivan who says: "Here's £40 for the coffee table. I need a swanky table for my party tonight. My boss is coming over." Janice takes the money and Ivan removes the coffee table from her room. At Ivan's party, a leg breaks off the coffee table spilling hot coffee all over Ivan's £200 persian rug and injuring the foot of his boss, who happens to have brittle bones. The boss now can't walk and has to cancel five tennis lessons he was due to give, leading to £500 in losses. He angrily tells Ivan, "You can forget about that promotion, you idiot." The next morning Janice discovers that she had received a text from Walter at 10.20 am which she hadn't read: "Perfect I'll get it tomorrow." Advise Janice as to any obligations she may have towards Walter, Trudy and Ivan.See Answer
- Q9:3. Professor Taylor charges for the use of his office in the British Library to Alex who is researching 16th Century English Poetry. He charges Alex £50 per month for an unspecified duration. While doing his work in the library, Alex has also been doing some research chores for Professor Taylor on an unpaid basis, on the understanding that he would get a reference from him in the future. Alex falls behind in his studies so has to quit his part time job in a café. He asks Professor Taylor if he can start paying £30 instead. Professor Taylor reluctantly agrees, but realizes that it would be difficult to find another student who would want to use his office. Relieved Alex is able to save up some money and buy a new laptop in order to assist with his work. Six months later, one of Alex's short stories wins an international contest and he gets a prize of £20,000. Alex is even happier when he receives an email from Professor Highbridge at another university who offers him £10,000 for the archival research that he has collected for Professor Taylor. Highbridge and Taylor are rival specialists in 16th Century Literature. Alex tells Taylor about this, hoping to get some money out of it, but Taylor responds that he is broke and cannot pay him anything. Advise Professor Taylor with respect to any rights he may have against Alex. He is hoping to be reimbursed for all the payments for the use of his office that he let Alex off from.See Answer
- Q10:4. Dr Roper is a lecturer in Cornish history at Village University and is going to present some of his research at a conference in Islington. He books into a hotel, which is paid for by his own university and heads to the hotel restaurant for dinner. He sees some of the other conference presenters having dinner, but being shy, he ignores them and sits on his own. Dr Roper scans the menu and orders Thai monkfish curry. When asked by the waiter if he wants hot sauce, he says: "Yes". The waiter warns him to be careful because it is very hot. Dr Roper declines wine, claiming that he does not drink. When the meal arrives, Dr Roper is upset to see that the monkfish is in fact tuna. Worse, the food is so spicy that Roper has an allergic reaction. He falls to the floor, spilling orange juice on the notes for his conference presentation tomorrow (his only copy) and ripping the leg of his trousers badly. Dr Roper can barely breath and needs oxygen treatment in hospital for the rest of the evening. Having to decline to present at the conference and subsequently getting into trouble with his Department Head back home, Dr Roper returns angrily to the restaurant demanding compensation the next day. The owner points to the following phrase found in the Wine and Drinks section of the menu: "The restaurant assumes no liability for any damage or injury however caused. We reserve the right to substitute meats in meals. All disputes to be resolved by the parish priest of Holy Redeemer Church, Exmouth Market, London. Any compensation payable only in Bitcoins." Advise Dr Roper as to his rights and remedies against the hotel restaurant.See Answer
- Q11:5. To what extent has the Misrepresentation Act 1967 brought coherence to the law of misrepresentation in the law of contract? What are the advantages and disadvantages of using the statute to bring claims in misrepresentation?See Answer
- Q12:6. Critically evaluate the concept of the innominate term in contract law. Is the innominate term an effective means of balancing the rights of those who breach contract terms and those who suffer from the breach of other parties?See Answer
- Q13:/n Deloitte. Tax Espresso 2023 Return Form Filing Program, Gazette Order, Public Rulings, Tax Cases and more MAKING AN IMPACT THAT MATTERS Since 1845 January 2023 Greetings from Deloitte Malaysia Tax Services Quick links: Deloitte Malaysia Inland Revenue Board of Malaysia Takeaways: 1. Media Release – Use of “Bill Number” as mandatory reference for tax payments from 1 January 2023 2. Return Form (RF) Filing Program for the Year 2023 3. Labuan Companies (Amendment) Regulations 2022, Labuan Foundations (Amendment) Regulations 2022 and Labuan Islamic Financial Services and Securities (Amendment) Regulations 2022 [P.U.(A) 348/2022] 4. Public Ruling No. 5/2022: Taxation of a Resident Individual Part II – Computation of Total Income and Chargeable Income 5. Public Rulings No. 6/2022, 7/2022, 8/2022, 9/2022, 10/2022, 11/2022, 12/2022, and 13/2022 6. Petron Oil (M) Sdn Bhd & Anors v Ketua Pengarah Hasil Dalam Negeri (HC) 7. Ehsan Armada Sdn Bhd v Ketua Pengarah Hasil Dalam Negeri (HC) 8. Wiramuda (M) Sdn Bhd v Ketua Pengarah Hasil Dalam Negeri (FC) 9. International Naturopathic Bio-Tech (M) Sdn Bhd v Ketua Pengarah Hasil Dalam Negeri (HC) Important deadlines: 1. Task 2024 tax estimates for companies with February year-end 2. 6th month revision of tax estimates for companies with July year-end 3. 9th month revision of tax estimates for companies with April year-end 4. Statutory filing of 2022 tax returns for companies with June year-end 5. Maintenance of transfer pricing documentation for companies with June year-end 6. 2023 CbCR notification for applicable entities with January year-end Deadline 29 January 2023 31 January 2023 V V V V V V Tax Espresso - January 2023 1. Media Release - Use of "Bill Number" as mandatory reference for tax payments from 1 January 2023 The Inland Revenue Board of Malaysia (IRBM) issued a Media Release on 31 December 2022 to inform that "Bill Number" will be used as a mandatory reference for the payment of all types of direct taxes, except for payment of monthly tax deductions and stamp duty, beginning 1 January 2023. The IRBM has also issued FAQs and a user manual in relation to the implementation of the "Bill Number" and e-biling system. The FAQs and user manual is available on the MyTax Portal at https://mytax.hasil.gov.my/> click on User Manual > click on e-Biling System Usage Manual / e-Biling System FAQ. Information regarding the "Bill Number" can be obtained from 1 January 2023 via the following methods: i. ii. Visit the MyTax Portal at https://mytax.hasil.gov.my/ > click on ez Hasil Services > click on e-Billing. Stated in notices of assessment or estimates and letters of demand sent by the IRBM to taxpayers. Payments can be made online or at the counters of the IRBM payment centres and through agent banks. For payment at counters and agent banks, taxpayers need to print the payment slip or download the required "Bill Number" by scanning the QR code on the payment slip. During the transition period to the use of "Bill Number", taxpayers can still use their Tax Identification Number (TIN) or Tax Reference Number for payment of direct taxes (except monthly tax deductions and stamp duty), until 30 June 2023. Please visit the IRBM's official portal - https://www.hasil.gov.my/ for more information. Any questions and related feedback can be forwarded to the IRBM through the following channels: a) HASIL Care Line at 03-8911 1000 or 603-8911 1100 (Overseas); b) HASIL Live Chat; and c) Feedback Form on the HASIL official portal at https://maklumbalaspelanggan.hasil.gov.my/Maklumbalas/ms-my/ Back to top 2. Return Form (RF) Filing Program for the year 2023 The IRBM has issued a Media Release on 1 January 2023 to inform that the Return Form (RF) Filing Program for the Year 2023 (2023 Filing Program) has been uploaded on its website. The 2023 Filing Program is applicable until the following year's program is issued. Salient points 1) Taxpayers and employers are encouraged to submit their respective RFs via e-Filing provided through the e-Filing facility. Moving forward, e-Filing will be the primary method for the submission of RFs. Tax agents, however, are encouraged to use TAEF for submission of RFs. 2) Effective 18 May 2021, HASIL has implemented a new prefix for individual taxpayers, changing from SG (individuals with non-business income source) and OG (individuals with business income source) to IG. 3) Submission of RFs such as Forms e-C, PT/e-PT, TC/e-TC, C1/e-C1, TA/e-TA, TR, and TN for the year of assessment (YA) 2023 are among the RFs listed in the 2023 Filing Program. 4) RF furnished via e-Filing / postal delivery after the due date for submission of the relevant RF shall be deemed to be received within the stipulated period if it is received within the grace period after the due date for submission of the mentioned RF. This grace period also applies to the payment of the balance of tax under Section 103(1) of the Income Tax Act 1967 (ITA) / Section 48(1) of the Petroleum (Income Tax) Act 1967 (PITA) for all RF (except Form E, Form P, and Form CPE) furnished via e-Filing / postal delivery. 2 Tax Espresso - January 2023 5) Submission of Form E shall only be considered complete if it is furnished together with Form C.P.8D on or before the due date for submission of Form E by employers. Sole proprietorship, partnership, Hindu joint family, and deceased person's estate who do not have employees are exempted from submitting Form C.P.8D. 6) It is compulsory for dormant companies, limited liability partnerships, trust bodies, and co-operative societies to furnish the RF (including Form E and Form C.P.8D). [Please refer to item 3 of the Guide Notes on Submission of RF attached to the 2023 Filing Program for details on dormant companies, limited liability partnerships, trust bodies, and co-operative societies.] 7) Employers are encouraged to furnish information on employees' remuneration for the year 2022 using e-Data Praisi/e-CP8D. The information received will be prefilled into the employees' respective RFs (i.e., Forms e-BE, e-B, e- BT, e-M, and e-MT for the YA 2022) to save time and facilitate e-Filing submission by the employees. Employee's remuneration information can be furnished by the employers via the Mytax Portal from 1 January 2023 to 25 February 2023 (both dates inclusive). 8) Employers should refer to the C.P.8D Information Layout – Pin. 2022 format attached to the 2023 Filing Program as reference to furnish the information on employees' remuneration for the year 2022. Amendments to the employees' remuneration information after the submission can be made by the employers through the Mytax Portal or by sending an e-mail to pindaanE&CP8D@hasil.gov.my. 9) Form E and Form C.P.8D must be submitted to the Tax Information and Record Management Division, Tax Operations Department in accordance with the format and method of submission stipulated in item 2(i)(c) of the Guide Notes on Submission of RF attached to the 2023 Filing Program. Form E and Form C.P.8D which does not comply with the format and method of submission stipulated by HASIL will NOT be accepted. 10) Form E and Form C.P.8D must contain all particulars of employees (including full time / part time / contract employees and interns) and individuals who are responsible or engaged in the management of the organisation (including company directors, co-operative society's board members, association's controlling members, and partners of limited liability partnership). 11) Appendices / working sheets regarding the claim for a tax deduction under Section 110 of the ITA and tax relief under Sections 132 and 133 of the ITA shall be furnished and submitted together with the RF. [Please refer to item 4(i) of the Guide Notes on Submission of RF attached to the 2023 Filing Program.] 12) For assessments raised under Sections 91, 92, 96A, 90(3) and 101(2) of ITA, the tax / balance of tax must be paid within 30 days from the date of assessment. Nevertheless, a grace period of 7 days is given. 13) Where the method for the submission of Form C.P.8D is by uploading the Form C.P.8D in the form of txt via e-Data Praisi/e-CP8D, or through the e-Filing of Form E, employers are only required to upload the employees' particulars. [Please refer to item 2 on page 1 of Part A - Guide on Submission of C.P.8D Particulars in TXT File attached to the 2023 Filing Program.] 14) "SOCSO contribution" has been included under the Employees' Particulars. [Please refer to page 3 of Part A - Guide on Submission of C.P.8D Particulars in TXT File attached to the 2023 Filing Program.] 15) "Medical insurance" and "SOCSO contribution" have been included under the Guide on errors and error messages when using the provided Microsoft Excel format. [Please refer to page 6 of Part B - Guide on Submission of C.P.8D Particulars in Microsoft Excel attached to the 2023 Filing Program.] Please refer to the Media Release and 2023 Filing Program for more details. Back to top 3 Tax Espresso - January 2023 3. Labuan Companies (Amendment) Regulations 2022, Labuan Foundations (Amendment) Regulations 2022 and Labuan Islamic Financial Services and Securities (Amendment) Regulations 2022 [P.U.(A) 348/2022] The Labuan Companies (Amendment) Regulations 2022 [P.U.(A) 346/2022], Labuan Foundations (Amendment) Regulations 2022 [P.U.(A) 347/2022] and Labuan Islamic Financial Services and Securities (Amendment) Regulations 2022 [P.U.(A) 348/2022] were gazetted on 28 October 2022 to amend the following Regulations: Labuan Companies Regulations 2010 [P.U.(A) 414/2010]; Labuan Foundations Regulations 2010 [P.U.(A) 418/2010]; and Labuan Islamic Financial Services and Securities Regulations 2010 [P.U. (A) 417/2010] The respective Regulations above specify the general requirements for documents to be filed with the Labuan Financial Services Authority (the Authority), as well as the prescribed fees to be paid to the Authority as required under the Labuan Companies Act 1990, Labuan Foundations Act 2010, and Labuan Islamic Financial Services and Securities Act 2010 respectively. With effect from 1 January 2023, the prescribed fees to be paid to the Authority as stipulated in the Third Schedule of the respective Regulations have been revised accordingly in the respective Amendment Regulations. Back to top 4. Public Ruling No. 5/2022: Taxation of a Resident Individual Part II - Computation of Total Income and Chargeable Income The IRBM recently issued Public Ruling (PR) No. 5/2022 (dated 9 December 2022) to replace PR No. 5/2018 (dated 13 September 2018). The objective of this PR is to explain the computation of total income and chargeable income of a resident individual who derives income from business, employment, and other sources. The updates and amendments to PR No. 5/2018 are listed in Paragraph 14 of the PR No. 5/2022. Salient points 1) Paragraph 8.3.1 which illustrates the computation of adjusted income/loss from a business source in a table, and Paragraph 8.3.4(a) of PR No. 5/2018 have been updated to reflect the amendments made to Section 34A(1) of the ITA via the Finance Act 2018 and Finance Act 2020 respectively. With effect from 1 January 2021, double deduction on research and development (R&D) expenditure under Section 34A of the ITA shall only be applicable to a person who is a resident in Malaysia in ascertaining his adjusted business income, provided the R&D expenditure has been approved by the Minister of Finance and that the R&D expenditure incurred for the basis period for a YA outside Malaysia does not exceed 30% of the total R&D expenditure incurred. 2) Paragraph 8.3.3(f) of PR No. 5/2018 has been updated to reflect amendment made to Section 34(6)(h) of the ITA via the Finance Act 2019. With effect from YA 2020, the scope of deduction under Section 34(6)(h) of the ITA is expanded to include expenditure incurred for the maintenance of a building designated as a national heritage site by the Commissioner of Heritage under the National Heritage Act 2005 [Act 645]. 3) Paragraph 8.3.3(i) of PR No. 5/2018 has been updated to reflect amendment made to Section 34(6)(k) of the ITA via the Finance Act 2019. With effect from YA 2020, the total amount of deduction allowed for the expenditure incurred for sponsoring any arts, cultural or heritage activity approved by the Minister charged with the responsibility for arts, culture or heritage has been increased to RM1,000,000, of which the total amount of deduction allowed for the expenditure incurred in sponsoring foreign arts, cultural or heritage activity shall not exceed RM300,000. 4) Paragraph 8.3.3(k) of PR No. 5/2018 has been updated to reflect amendment made to Section 34(7) of the ITA via the Finance Act 2018. With effect from 28 December 2018, Section 34(7) of the ITA allows a person to claim deduction on expenses incurred in respect of R&D related to the business directly undertaken by him or on his behalf. [Note: With 4See Answer
- Q14:INSTRUCTIONS - Need 10 slides PPT Topic - Gathright vs Cheesecake Factory Should be exactly like the example Country/State - CaliforniaSee Answer
- Q15: Allison has just graduated from the university with a degree in computing engineering andhas plans to set up a fintech business in Singapore.Allison intends to rope in her best friends to assist her in the administrative matters of thecompany while she will provide the core technical solutions for customers. It is contemplatedthat Allison will maintain more than 50% equity interest in the company notwithstanding thepossible injection of capital by investors. She will also be the chief executive officer andexecutive director and expects not more than two other friends to join her on the board.Separately, Allison wishes to set up a foundation, which will be a separate arm of herbusiness, to drive her favourite charitable causes.Allison has determined that she should incorporate a company to pursue each of her businessand charity ideas. Allison knows that she needs to commit significant time and effort in theinitial development of the business, so she wishes to reduce the administrative burden on thecompany during this stage. She can foresee that once the company has established some trackrecord in its business, she may need to raise funds by bringing in new investors. Allison has come to you for advice: (a) Define the types of companies that may be incorporated in Singapore. What are the differences in these companies and their compliance requirements? Advise Allison on the appropriate form of company that is suitable for pursuing her business and charitable interests. Assume that a different company will be established for each purpose. (b)Allison feels that as she is the founder, she needs to hold more than 50% equity interest in the company and have control over the management of the company.With the introduction of new investors, she is concerned that there will be interference with management by shareholders and possibly new investors. As a start-up, her company may not be able to achieve profitability and declare dividends in the short-term. Launches of new products may be delayed due to uncertain ties caused by the unforeseen pandemic and (the expected but nevertheless) real competition with the digital banks which have recently been granted licences.However, the company may still have to pay recurring costs, which includes the payment of "fat" salaries to Allison and her management team as executive directors of the company. (i)Outline the rights of minority shareholders against Allison as the majority shareholder and her management team in the situation above. You do not have to consider or discuss the right to commence derivative actions under s 216Aof the Companies Act. (ii)Describe the ways in which Allison can protect herself against any interference from the new investors whom she invites.See Answer
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