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Outline many of the basic elements of law that relate to business and marketing.

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Table of Contents Introduction 2 Section 1: Business Entities 3 Section 2: Codes of Practice/Standards 5 Section 3: Contract Law 6 Section 4: Consumer Law 7 Section 5: Intellectual Property Law 8 Section 6: Business Premises 9 Section 7: Occupational Health, Safety and Welfare (OHS&W) 10 Section 8: Insurance 11 Reference List 12 Introduction This research report will outline many of the basic elements of law that relate to business and marketing. I plan to develop a portfolio of information over the coming weeks, which I can then use as a reference for further study and research. The areas of law that I will focus on in this report include: * Business Entities * Codes of Practice/Standards * Contract Law * Consumer Law * Intellectual Property Law * Business Premises * Occupational Health, Safety and Welfare * Insurance The topics stated above have been identified by Tafe SA Business Services (2006) as being the 8 most relevant parts of law that relate to marketing companies (and employees of those companies). These main areas are where marketers are most likely to have legal obligations and encounter ramifications if laws are not followed correctly. This is extremely relevant to my chosen area of study and will serve as invaluable knowledge for my future career. This document contains information from many sources. These include: Tafe handouts, lecture notes, the Internet, books and online databases. I aim to introduce readers to the basic aspects of law that relate to marketing, and present the facts in a forthright, understandable manner. Section 1: Business Entities a) Visit the ASIC website. Select one of the current news events and discuss the main issues and the outcome. Name of Media Release (ASIC 2006): "New taskforce warning on scams - Delete it! Hang up! Destroy it!" The above media release was sourced from the ASIC (Australian Securities and Investments Commission) website. The main issues and concerns within this article relate to scams and crimes involving fraud. ...read more.


iii) Frequently used in business, lease agreements are contracts that outline the responsibilities and duties of both Landlord and Tenant for a fixed term. Lease agreements can apply to both residential and business properties. b) Include a copy of one of these contracts and list (or highlight in different colours) -SEE ATTACHED LEASE AGREEMENT- The TENANTS responsibilities and duties under the contract are highlighted in BLUE The LANDLORDS responsibilities and duties under the contract are highlighted in YELLOW Terms and conditions that apply to both parties under the contract are highlighted in ORANGE Fields of the contract that must be completed by both parties are highlighted in GREEN What might be considered a breach of this contract? Breaches of the above-mentioned contract may include: * The Landlord entering the leased premises, (not in the case of an emergency) without previously arranging to do so with the Tenant would be a breach of Section 9; "Landlord's right of entry". * Failure of the Tenant to notify the Landlord of any damages caused as a result of removing a fixture is a breach of Section 12: "Removal of Fixtures" * A Tenant knowingly using a premises for illegal purposes would be in breach of Section 6: "Use of Premises" * Failure of the Landlord to maintain the premises and ancillary property in a reasonable state of cleanliness would constitute a breach of Section 4 of the agreement entitled: "Maintenance of Premises". Section 4: Consumer Law a. Identify six particular points of consumer legislation that will impinge on your business (include a discussion of both State and Federal consumer legislation where applicable) 1. Misleading and Deceptive Conduct - s52 Trade Practices Act and s56 Fair Trading Act (SA). This legislation prevents corporations from engaging in conduct that misleads or could mislead consumers. Eg, a packet of crisps may be advertised as 'light', leading consumers to believe they are lower in fat, when in actual fact, the fat content is very similar to that of normal crisps. ...read more.


employer's lawful and reasonable commands * To be faithful to the employer's best interest and retain confidential/private information * To act in an ethical manner (including punctuality and attendance) d. Briefly outline one way you could use to keep abreast of any changes to OHS&W legislation. Regularly check websites such as 'SafeWork SA' and 'Work Cover'; join mailing lists and stay up to date. Section 8: Insurance a. Given the potential legal risks identified in the course, list several risk management strategies you may implement to reduce your risk. Risks can be controlled and managed using the following techniques * Educate staff about potential risks * Request that staff conduct a risk assessment of their work areas * Assess security issues * Ensure business is not under insured * Take steps to minimise occupational health, safety and welfare risks within workplace. b. Is there a specific insurance (or package) available for your industry that meets your needs? Research some of the insurance company websites and/or contact your industry association. Insurance that is very much needed in the marketing industry is public liability insurance. This is insurance that covers claims by a third party for death, injury, loss or damage resulting form a product supplied by a firm. After researching some Insurance agencies, I have found that a sound provider of public liability insurance is SGIC Business Insurance. See enclosed printout of SGIC Retail Insurance Policy. Reference List Business unit of the Department for Administrative and Information Services, 2005, 'OHS', SA Government, viewed 10 April 2006, <http://www.safework.sa.gov.au/show_page.jsp?id=2263> Business.gov.au, 2005, 'Liability Insurance', Australian Government, viewed 10 April 2006, < http://www.business.gov.au/Business+Entry+Point/Business+Topics/Insurance/Types+of+insurance/Liability+insurance.htm > Insurance Australia Limited, 2006, 'Insurance for retail businesses', SGIC, viewed 10 April 2006, < http://www.sgic.com.au/pub/sgic/business/insurance/retail.shtml# > Work Cover, 2005, 'OHS&W', SA Government, viewed 10 April 2006, < http://www.workcover.com/Safety/ManagingSafety/LegislationAndPublications/msSafetyPubsRegulations.htm > Codes of Practice 2005, 'Advertising Code of Practice', Codes of Practice, viewed 24 Feb 2006, < http://codes.bli.net.au/Codes.asp?Section=35&Industry=0&Activity=4&CodeType=Australian+Code+of+Practice > ?? ?? ?? ?? Establish Business and Legal Requirements Research Report By Natalie Frey (0755031) - 1 - ...read more.

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