Business Law Of Australia

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Business Law Of Australia

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Business Law Of Australia

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Question:
Describe about the business law of Australia.

Answer:

Part A:
In Australia, there are several types of laws that apply to a business entity such as statute law, common law, civil law, etc. These govern the acts/operations of entity and protect the rights of the consumers and business entities. In addition to this, there is a legislative structure in Australia that protects the equality and fairness of dealing between customers and a business firm. It is vital for a family-owned seafood restaurant that it should obey the legal rules and regulations to run the business operations smoothly in Australia. Possessors of the restaurant wish to call this restaurant as “Great Catch!” Therefore, they should consider the appropriate laws, regulators, current and possible legal issues for running the business effectively (Australian Government, 2016).
In Australian Property Law, the property of business is classified into three parts such as real property (land, furniture, building, equipment, and leaseholds), personal property (personality and chattels) and intellectual property (design, patent, and trademarks). Besides this, according to the Australian business law, the name of the restaurant can be a type of intellectual property to the owners. However, intellectual property cannot be compiled with the legal laws and regulation. Therefore, it can be said that it comes under the category of the intangible personal property (Australian Law Reform Commission, 2016).
“Chose in Action” law explains that an individual has the right to claim for protecting the intellectual property (IP) of the company. As per this law, the company does not have right to claim on physical possession of intellectual property or intangible personal property. In this context, “Great Catch!” name cannot be used by another firm because this law provided the rights to the restaurant possessor for protecting the brand name of business. However, it is mandatory for company to get the new name legally registered under law of nation (Caenegem, 2010).
Along with this, Australian Corporation Act and business associations permit the registration of trade name. In this way, it can be exemplified that seafood restaurant may protect the brand name and gain the legal rights to use of a unique brand name by registering its trade name in the Australian Securities and Investments Commission (ASIC).
On the other side, “equitable chose in action” also provides the equal right to all legal associates to make a claim for protecting the intellectual property. In this way, all legal member of the family owned seafood restaurant have the right to sue over the intellectual property of the restaurant. Furthermore, corporation act provides the valid law to direct the rights related to the trade name of the business. In this way, seafood restaurant landlord may create recognition awareness among customers by giving their restaurant name in the marketplace (Vanhonnaeker, 2015).
As per the Australian business law, the trademark is a type of intellectual property that offers unique identification (ID) to the trader. A trademark may be known as brand name, symbol, design etc. Under the trademark act 1995, the owners of seafood restaurant has obligation to register the name of their restaurant as the trademark. This law also provides the legal security to the business entity. In Australia, there is a registrar for registering the trademark and controlling and exercising the legal rights (Caenegem, 2010).
Another law is Sales of Goods Act and Australian Consumer Law (ACL) that creates a legal responsibility for the firm. The Sales of Goods Act is applicable in the state and territory borders while ACL is applicable Australia wide. It is mandatory for seafood restaurant to follow the sales of goods act for running business in Sydney (NSW Consolidated Act, 2016). According to this law, all variable property can be sold such as consumer able goods, fixtures, crops etc. Along with this, seafood restaurant may sell the food which is consumer goods (Barnett and Harder, 2014).
This legislation standardizes the sales agreement in the Australia. In this way, seafood restaurant has legal power to sell the goods, and make a price and contract in the business. According to this law, the company passes their ownership to the consumer while they sell the goods (Latimer, 2012). Besides this, the company also pass the risk at the time of trade such as damages, losses etc to consumer. For example; a seller sells the perishable goods to the buyer without making knowledge of goods. If the goods are damaged then this contract would be void (Thampapillai, et al., 2015).
On the other side, as per the sales of goods act, there is an obligation to buyers to pay at the time of delivery of the goods. Besides this, it can be said that acceptance of goods by the buyer defines the implementation of sales of goods contract.
In the case of contradiction in the contract, this legislation provides different remedies to the buyers like denial for goods, an action for damages, equitable remedies for certain performance (Bruce, 2010). Besides this, it can be said that these remedies may create the legal problems for the seafood restaurant. For instance; if seafood restaurant fails to provide quality in food to the consumers then, in this case, consumers can breach the contract and can also take action for indemnity (Australian Government, 2016). Therefore, seafood restaurant should oblige to the sale of a good contract for operating effectively.
This gives rights to the customers for replacement, repair, refund and compensation due to the damage and loss. The seafood restaurant is also obliged to comply with this legislation to limit the legal claims and issues.
Australian Competition and Consumer Commission (ACCC) have the power to protect the right of consumers. Consumers have a right to sue for compensation and losses by enforcing the Competition and Consumer Act 2010 (CCA) under the Australian Consumer Law (ACL) (Australian Competition and Consumer Commission, 2016). This act is also known as the consumer assurance law in which consumers have right for replacement, refurbish, refund and reimbursement due to the indemnity and losses. It can be stated that the seafood restaurant is required to act in accordance with this legislation to set the boundary of the legal claims and issues (Malbon and Nottage, 2013).

PART: B
Various legal obligations occur in the given case. Here to identify the legal remedies and penalties, the intellectual law and sale of the good act are needed to apply on the given case. There are two types of contract condition such as expressed and implied, which are helpful to determine the buyer’s and seller’s obligation. In this context, the express condition is identified at the time of contract formation in given case. But, the implied condition is obligatory through various laws and regulations. Along with this, there is a situation in the implied condition that a seller has the right to sell the property to the buyer after the possession (Morandin and Smith, 2011).
The property legislation in Australia states that the seller can transfer their property to the buyer through contract of sale. It is also the authority for the buyer to use that property for his personal use (Guan, 2014). Product condition or description is another implied condition that is associated with a sales contract. However, implied condition is helpful for the buyer. It is because buyer is able to take a detail at the time of purchase goods from the seller as product description. In consequence, the legislative performance of the Australia matched with the seller description. In the given case, it is determined that the manager of Tuscan Ovens Pty. Ltd played a crucial role in selling the pizza oven or Manny and Bella by describing them full of knowledge about the oven. As a result, Australia legal legislation act provides the right to Manny and Bella for sue on the seller.
Furthermore, condition as to quality is an element of the sale of the good act that identifies the legal rights and obligation of the buyer and seller. Quality of goods should fit the purpose of the buyer (Merkin, et al., 2014).
The purpose of the buyer is to provide the legal obligation that fulfills the quality needs of the buyer. In the case, Australia sale of the good act defines the legal provisions of the buyer. Therefore, Manny and Bella ask the manager for his required pizza oven. Consequently, manager of Tuscan Ovens Pty. Ltd assures the oven will bake 30 pizzas in one hour. As a result, in actually pizza oven will bake 12 pizzas in one hour. However, married couple Manny and Bella pays $15000 for pizza oven on the basis of Tuscan Ovens Pty. Ltd manager description. Thus, the contract is breached between the buyer and sellers. So that according to Australia legislation act Manny and Bella have right to take legal action against the seller (Jones, 2014).
In addition, Australia consumer law promotes the consumer protection and trade. As well as, it defines the buyer and seller legal obligation (Douglas, et al., 2014). However, competition and consumer Act of Australia gives the goods guarantee to the buyer at the time of buy goods and service. In consequence, the buyer has a different right against the goods and service guarantee.
In the given case, Manny and Bella have bought the pizza oven from Tuscan Ovens Pty. Ltd that assures the oven will bake the 30 pizzas in on the hour. But actually, oven bakes the 12 pizzas per hour only, which significantly impact the business. It is because married couple faces the loss of the business. Australia consumer act provides the legal authority to the buyer to take legal action again the seller. In this context, married couple can claim for their remedies through replacement, compensation for damage loss and cancellation of the sale of the contract against the seller (Latimer, 2012)
Buyer can easily replace the pizzas oven with the seller with the help of replacement legal act. The remedy of cancellation of sales contract means the seller is liable to pay the paid amount to the buyer for the pizzas oven. In the same way, buyer has a legal right through compensation of loss and damage provision of act (Campbell, 2013). Consequently, the married couple can claim the compensation against the pizza loss. For example, pizza firm losses its market and customers due to pizza oven failure to bake the 30 pizzas in an hour. As a result, it will impact on the married couple business and will reduce the goodwill. Therefore, Manny and Bella have the right of monetary compensation from the seller against the loss and damages.
Furthermore, the seller has legal right due to an infringement of his registered name. Manny and Bella has neglected the Tuscan Ovens Pty. Ltd oven and decided to communicate the name of MB Oven in place of actual name of seller (i.e. Tuscan Ovens). Australia legislation has imposed obligations to sell the product by the trade name of the firm (Latimer, 2012). But, married couples have used another name for his personal pizza business, which is helpful to reduce the legal issues. While they are waiting for the delivery of the new pizza oven Manny and Bella advertise the new oven for their restaurant but they decide to refer to it as the MB Oven and not mention the real registered name, Tuscan. It is wrong in the eyes of law.
Overall, the Australia legislation in the sale of good act 1923 has provided the legal right to the married couple to take the legal action to Tuscan Ovens Pty. Ltd. So in the given case Manny and Bella have legal right of claims against seller for selling under valued product (i.e. oven) and for loss of business caused due to usage of oven.

References
Australian Competition and Consumer Commission (2016) Consumer guarantees.
Australian Government (2016) Consumer Protection.
Australian Law Reform Commission (2016) 7. Property Rights.
Barnett, K., and Harder, S. (2014) Remedies in Australian Private Law. England: Cambridge University Press.
Bruce, A. (2010) Consumer Protection Law in Australia. USA: LexisNexis Butterworths.
Caenegem, W. V. (2010) Intellectual Property Law in Australia. Germany: Kluwer Law International.
Campbell, D. (2013) International Consumer Protection, Volume 1. UK: Springer Science & Business Media.
Douglas, H., Bartlett, F., Luker, T. and Hunter, R. (2014) Australian Feminist Judgments: Righting and Rewriting Law. UK: Bloomsbury Publishing.
Fisher, D. E. (2014) Australian Environmental Law: Norms, Principles, and Rules. 3rd edn. Australia: Thomson Reuters Australia, Limited.
Guan, H. (2014) The Australian Immigration Book: 2014. Australia: Autonet Pty ltd.
Jones, M. (2014) Sustainable Event Management: A Practical Guide. UK: Routledge.
Latimer, P. (2012) Australian Business Law 2012. Australia: CCH Australia Limited.
Latimer, P. (2012) Australian Business Law. Australia: CCH Australia Limited.
Malbon, J. and Nottage, L. (2013) Consumer Law and Policy in Australia and New Zealand. Australia: Federation Press.
Martin, P. and Kennedy, A. (2015) Implementing Environmental Law. UK: Edward Elgar Publishing.
Merkin, R., Hjalmarsson, J., Bugra, A. and Lavelle, J. (2014) Marine Insurance Legislation. USA: CRC Press.
Morandin, N. and Smith, J. (2011) Australian Competition and Consumer Legislation 2011. Australia. CCH Australia Limited.

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