The legal System of Australia

Questions: 1. What is compliance? 2. Discuss the different areas of law from topics in Week 6, 7 and 8 that emerge from these facts. Be sure to explain who may take legal action and what remedies and penalties could be applied. Cases and statutes should be used. Answers: Part 1: The legal system of Australia has provided many guidelines to run any business. Such law deals with the rules of compliance. Such rules are stated in the property law, Sales of Goods Act and intellectual property law. In order to open a business, the compliance rules are to be followed. To run a business Australia, there must be proper significance of the property or land in which the business is to be established. In the given scenario, the basic requirement is discuss the rules of compliance that are required for compliance. There has to be the discussion of the bubble characteristics as well the price of the real property. So to start a new business, the owner along with the property laws the guidelines of Consumer Protection Act is also needed to be followed must purchase the property. As customers are regarded as the key objectives of the business, there is always protection provided by the law to protect the customers. Lastly, the most important guidelines which are needed to b e followed is the laws that deal with intellectual property law because there must not be any conflict between the brand of business with another (Megarry et al. 2012). It is provided in the Property Law of Australia that the it deals with the various schemes about regulating the rights of the property in the Australian jurisdiction within the jurisdiction and other territories. It also includes the receptive of common law as well as the combining legislation. Australian property law has the observation regarding the non-uniform as well as high variation observation in its major cities as well as regions. (Bridge 2015). It is also seen that there are two types of property in Australia, which is known as real property and personal property. According to law, the term real property means the real estate or immovable property. This means that the property is legally defined, and its improvements were done by the human efforts. This includes machinery, buildings, mines, ponds, wells, roads, etc. Another type of property included under this law is known as the personal property. Thus, personal property can be stated as those properties which are movable. Movable properties are thus, stated as the large livestock property. But it does not include the immovable property rather the property which are established upon it are regarded as the personal property which includes wildlife, small livestock, etc. Thus, to establish the afresh business, there is a requirement of real property in Sydney to establish the business (Badenhorst et al. 2012). After establishing the business, the owner must be aware of Sale of Goods and Consumer Protection Act. The customers are regarded as the basic part of a business based on whom the business runs, so the Australian Consumer Law helps in providing the protection to them. Australian consumer law provides good services to the customer about the goods and services, as consumer protection laws deal with the organizations which ensure the total rights of the consumers as well as a legal trade and also provides correct and proper information regarding the market to make the customer aware. This act also provides proper protection for the most who belongs from the vulnerable society. The laws also provide protections against fraud and illegal or unfair trade practices. This law is a version of government regulations to provide the rights of the customers. Consumer protection is regarded as the rights of the consumer as well as the in the formation of the organization of the consumers. These se rvices must be clearly provided to consumers as the consumers are regarded as the person who acquires the services and goods for the use of ownership directly, using it production and manufacture rather than selling it. This law also states that the consumer protection law in Australia helps in protecting the interest of the consumer and also protects the promotion of competition in the market. This also strictly protects the consumers through the assertion via non-government organizations (Latimer 2012). There are also various safety measures given by the Australian Consumer Law to protect the customers which can be regarded as follows: Safeguarding to the customers against the hazardous goods which can affect their life as well as property. It is also the right of the consumer to get informed about the quantity, quality and price of the good. The customers must be provided with proper feedback from the company. The customer should also be provided with the wide variety of goods to purchase (Carney 2012). Lastly, the suggestion to establish the business is following the guidelines of the intellectual property law. This law deals with the patent system so that there is no issue of copyright. So it can be stated that according to Section 51 of Australian constitution the patent is the legal and basic rights. It is stated that the parliament according to this Constitution has the power to make laws and also to also to implicate the laws with peace, good government and order. Australian Patent Law is regarded as the temporary monopoly based on the use of invitation. Australia is regarded as the member state in the World Intellectual Organization (WIPO) (Davis 2012). According to the patent law of Australia, it is classified into two classes: The standard patent which has a term of almost 20 years. A patent, which is innovative with the lower threshold for the inventiveness, the term, must be of maximum eight years (McManis 2012). As per the law, it is stated that the process in the innovation process is faster and has lower fees. Like the rest of the world, Australia is regarded as operators in first file system regarding patent. It is also stated that the Australian Intellectual Property reports for generator in monitoring and for prosecution regarding Australian trademarks and patents Schwenzer et al. 2012). Thus, the supportive legal suggestion to establish proper a business in Sydney must be based on the following legal points as mentioned above viz Property Law, Sale of Goods and Consumer Protection and Intellectual Property (Burrows 2013). Part B: In this case study, it is seen that Manny and Bella are married from the year 2008, and they run their own business of selling pizza in the city. They named their business as Perfect Domino Pizza. Thus, they visited the showroom of Tuscan ovens Pty. Ltd to buy pizza for their own business. They asked the Manager of Tuscan and asked for the heavy duty to cook at least 30 pizzas per hour for 16 continuous hours per day. Manny also informs the manager that such an oven it required otherwise they will lose the customer during the pick hours. The manager assured them they would provide them new Tuscan XX commercial will satisfy their requirement. According to t o the statement and recommendation made by the manager Manny and Bella purchased an oven with $15,000. While they were waiting for the delivery of the pizza Manny and Bella started advertising the new oven in their restaurant but they decided to refer it as MB oven, and they did not mention the name of the real register Tuscan XX. Soon when the oven was installed, and they discovered that only 12 Pizza were provided in an hour. As a result, the business started losing money. Tuscan said they would not discuss this matters with Manny and Bella. According to this problem, we can implement the rules of customer protection laws because here the Tuscan did not fulfill the contract. As that the oven could made only 12 pizzas in an hour where they were to make 30 pizzas. In Australia Consumer Protection Law or consumer law is regarded as that the private law is the relation between business and also the individual consumer (Corones 2013). This law protects the customer against the fraud in case if any one suffers it. In this matter it is regarded as the fraud because Tuscan XX didn't fulfil the contract as they failed to make 30 pizzas and return only provided with 12 pizzas, later they even didn't discuss the Manny and Bella. Thus, the rules regarding fraud can be stated under the Consumer law protects a wider range of topics which includes privacy right, product liability, unfair practice regarding business, misrepresentation, fraud and other various kinds of business or other consumer interactions. It prevents the consumers fr om scams and fraud regarding sales as well as services contract. Certain things which are included under this circumstance include pricing, bill collector, personal loans utility turnoffs, etc. which may result in bankruptcy (Whish and Bailey 2015). There are various rights, which are provided by the Australian Consumer Law to protect the consumers from various aspects, which include: Safety rights- to safeguard the customers from the goods which are hazardous to their property and our life thus to make them aware of it. Information right- Each student must be given proper information regarding the products or the goods, which include the quantity, price as well as the quality. Choice of product- to choose and buy the proper product the consumers must be given the option of the wide range as well as various other choices. To satisfy the basic needs of the customer- It states about the right and basic needs that the people can demand such as health care, education, proper goods and services, clothing, food, sanitation, water and public utilities. Redressing rights- This Act provides the power to the customer to seek redress in regards to complaints. Educational rights of the consumer- The customers must be properly educated about their rights. Healthy environmental rights- This rights state about the right to live as well as the proper environment which is not at all threat to the present as well as future generations (Nayak 2015). Further, it can be stated regarding customer protection right that it defines consumer as someone who acquires goods as well as services to use the ownership rather than sell of products and manufacturers (Bently and Sherman 2014). But in this problem, Tuscan XX was able to meet the needs of Manny and Bella, so thus, it can be regarded as a case of fraud. Fraud according to law is regarded as a civil wrong. A Civil wrong is defined in the law of tort and also defined as a criminal offense (Aplin et al. 2013). The remedies of fraud under the law of tort may include the recession to obtain agreement or transactions by the means of fraud, damages which are punitive, deter the misconduct, etc. In this matter fraudulent is regarded as a defense in the civil contract, breach of contract, or rather the specific performance in a contract. But in a case of criminal offenses the category of fraud includes forgery, bank fraud, and fraud in insurance. Other requisites which are included in the criminal offenses regarding fraud can be stated as theft by the means of false representation, criminal fraud, etc. this amounts into remedy in the form of punishment or fine (Davison et al. 2016). In the case of ACCC v Cement Australia [2013] FCA 909 (10 September 2013), it was stated in this case that ACCC alleged for four exclusive contracts to acquire flash. The judgment of this case was handed down by 10 of September 2013. Justice Greenwood and the Federal Court of Australia that under section 45 of the Act Cement Australia was in enormous contraventions noticed it and there was a prohibition as well as effects of entering into on another agreement. Looking into the pros and corns of the court came to a conclusion and charged a penalty of $90 million for the purpose of general and specific deterrence. In this case, Tuscan XX is charged under fraud as they haven't provided any proper cause to many and Bella for not producing the pizza (Ricketson et al. 2012). Reference list: Aplin, T.F., Aplin, T. and Davis, J., 2013. Intellectual property law: text, cases, and materials. Oxford University Press. Badenhorst, P., Freedman, W., Pienaar, J. and Van Wyk, J., 2012. 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