Essays on Wlr

Business and Law

BUSINESS AND LAW Introduction The breaching of contracts and denial of human rights have risen over the past few years due to the lack of enough knowledge. The paper covers several cases whose judgment is based on the Australian common law and consumer acts in the IRAC format

Question 1

Issue: Does Brenda have an action against Steven for the breach of contract? Rule: According to the Australian contract law, an anticipatory breach of contract can occur from time to time. An anticipatory breach of contract refers to where one party informs the other that they will not deliver what was ...

As a matter of fact and law, it is indeed true that to successfully bring a claim in negligence, the claimant has to prove on a balance of probabilities the existence of a duty of care, breach of that duty by the defendant and a resultant loss, harm or injury to them. This is known as "the three-part test" for negligence. In addition to these essential elements of the tort of negligence, no defenses should be applicable if a claim is to succeed. However, successfully proving the existence of these elements and getting remedies from courts is not a ...

Shortcomings of the Jury System as a Democratic Instrument

Introduction The jury system was incepted in the 16th century and introduced in England but practiced first by the pilgrims who settled in Massachusetts conducted the first jury trial in 1630. The jury system was seen as a fortification against the abuse of government power. The jurors helped the judiciary members in practicing democracy in the offices and law practice. Today, the jury panel is significant in the American history, this system works well but can be improved based on tackling the issues being faced. Jury decisions are usually based on the evidence presented, and they should be advised ...