marketing law
Introduction There is a prevalence of new macroenvironment trends emerging in the automotive industry. Consumers are generally aware about the adverse affects of the pollution generated by the motor vehicles; therefore deciding to elect 'green' motor vehicles which produce substantially lower green house gases then petroleum cars. The structure of Australian families are changing as couples are delaying birth to their children or opt to only have one child or no children at all. Australia's population is also experiencing a shift in the age structure as there is a distinct increase in the proportion of those aged 65 years and above from 10% to 13%, this is due to the sustained low fertility rate and increased longevity. Australia is a stage of economic growth, due to the historically low interest rates and the achievement of full employment; therefore consumers are currently wealthier. Target Market Kotler et al (2007) states that geographic segmentation calls for dividing a market into different geographical units such as nation, regions, states, municipalities, cities or neighbourhoods. Automotive Innovation is focusing on targeting city areas within North Sydney, North Parramatta, Castle Hill as the three areas are urban and have a strong concentration of mature aged adults (50 to 65 years old) with high household incomes and are tertiary educated. Demographic
Consumer Law - Effectiveness of guaratees
Consumer Law Assignment 2 Answer: A manufacturer's guarantee has become an expected standard feature of the sale of 'consumer durables'. Sometimes the manufacturer can express his confidence in the product, formally in the shape of a written guarantee or warranty which accompanies the goods. The guarantee is normally for a period of 12 months from the date of purchase. However you cannot claim for any consequential loss or inconvenience under a guarantee. It is also often a sales tactic when selling white, brown or grey goods, promoting good customer after care, thus subsequently increasing sales. The guarantee usually consists of an undertaking by the manufacturer to repair or replace faulty goods within a certain period of time. With cars it is usually regarded as a 'manufacturers warranty' that is, in general for a duration of 3 years when you have purchased a car new from the showroom. There has been very few cases to show the effectiveness of guarantees, most of them were over 30 years ago, some of them are no longer good law. The consumer may find that his rights under a manufacturer's guarantee are easier to enforce than his Sale of Goods Act (SOGA) 1979 rights against his supplier, where he may have considerable difficulty in proving that the goods were not of satisfactory quality1. However since the introduction of the EU directive, part 5A 'additional rights of
sale of goods act 1979
Student no: 0507943 A sale of goods contract refers to an agreement in which the seller or a trader transfers or agrees to transfer property that are goods to the buyer for a money consideration best known as price. Both the seller and the buyer have obligations to one another. The seller's obligation under the contract must be that he or she agrees to transfer the property to the buyer whereas the buyer's obligation under the contract is to pay a money consideration, as described by s2 (1) of the Sale of Goods Act 19791 In regards to the s14 of The Sale of Goods Act 19792, the rule of caveat emptor is of great relevance, the buyer must be aware since the vendor does not have to be held liable for the faults in goods sold if the buyer had made a look out to satisfy himself or herself of the goods worthiness. There it is the responsibility of the parties in contract to constitute their own bargain However the section does not imply any warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, unless a warranty or condition is appended by the usage of trade as referred by s14(3). The case of Rogers v Parish (Scarborough) ltd [1987] 1 QB 9333 furthered the point of Merchantable quality and satisfactory quality under s14 of SOGA 1979 in the fact that the plaintiff's purpose of buying a car was not merely for the
In the past there was little risk that a director would face personal liability. However with the passing of the Insolvency Act 1986, the Company Directors Disqualification Act 1986 and, more recently, The Companies Act 2006 the risk is considerably grea
Laura Dunlop 200600847 Commercial Law 2 Coursework Word Count: 2,061 In the past there was little risk that a director would face personal liability. However with the passing of the Insolvency Act 1986, the Company Directors Disqualification Act 1986 and, more recently, The Companies Act 2006 the risk is considerably greater if a company becomes insolvent. Critically discuss the above statement with reference to these statutes and to case law as appropriate. Director's duties and responsibilities have dramatically increased with the introduction and recent reformation of legislation on insolvency, director's disqualification and companies, to the extent that they can face personal liability. Case law and statutes have shown that directors are becoming increasingly at risk from being held personally liable for a company's insolvency. This is evident from provisions in the Insolvency Act 1986, the Company Directors Disqualification Act 1986 and the Companies Act 2006. The Insolvency Act 1986 is the primary legislation relating to corporate insolvency and the winding up of companies. Part IV covers the winding up of companies registered under the Companies Acts and Section 75 concerns 'Directors, etc. with unlimited liability'. It provides that in the winding up of a limited company, a director (past or present) "...is liable to contribute as an ordinary member, to
Money Laundering
(a) how effective do you believe the anti laundering laws to be; and (80% marks) Money laundering is the process where criminals attempt to hide the origins and ownership of the proceeds of their criminal activities. The aim is to retain control over the proceeds and provide a cover for their wealth and income. Money laundering occurs every time any transaction takes place which involves any form of property or benefit whether it is tangible or intangible and derived from criminal activity. This leave financial institutions vulnerable. Article 1 of the draft European Communities EC Directive of March 1990 defines money laundering as: '......the conversion or transfer of property, knowing that such property is derived from serious crime, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in committing such an offence or offences to evade the legal consequences of his action, and the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of property, knowing that such property is derived from serious crime. Due to its secretive nature, the actual amount of laundered money is impossible to calculate but has led to claims that it is one of the world's largest industries. It has been claimed the amount is anywhere between $500bn to $1.5trn
Corporate law
Introduction Corporation plays a significant role in Australian economy. A company is recognised by the laws as a separate legal person with rights and liabilities different from its shareholders or members as a type of corporation.1 With company being a separate legal entity, its board of directors is in charge of operations and other various corporate fairs. They, directors, are brain and mind of companies. Hence, it is crucial that they carry out their duties, both under common law and statue. In particular, the Corporation Act presses a duty on directors to stop insolvent trading. Additionally, it needs some rational reasons to suspect that it is insolvent. This easy is to discuss and evaluate the duties of directors in accordance with the case and explore these issues from four aspects in this essay. Initially, this essay is to explain some pre-conditions of s588G. Then, discuss some breaches of the directors' duties in respect of insolvent trading. Furthermore, advise some available defences to the directors. Consequently, illustrate the directors may receive some penalties if they have breached the insolvent trading provisions. Insolvent Trading Under s588G, it stipulates that director bear an obligation to deter the company from incurring debts provided that there are sound reasons to suspect that the company is unable to pay debts when it falls due. This is
The reform of the ultra vires rule.
Journal of Business Law 987 THE REFORM OF THE ULTRA VIRES RULE Brenda Hannigan. Keywords: Company law; Ultra vires Abstract: Prentice report. *173 For much of the hundred odd years of its existence discussion of the ultra vires rule has centred on its abolition, a step urged by the Cohen Committee [FN1] as long ago as 1945. It was, the Committee found, an illusory protection for shareholders, a pitfall for unwary third parties and a cause of unnecessary prolixity and vexation. [FN2] Notwithstanding these complaints, few problems arose over the years, for there developed a variety of methods of avoiding the rule and giving a company the unrestricted capacity it wanted. The draftsman showed the way with the use of independent [FN3] and subjective [FN4] objects clauses which, together with the courts' willingness to imply powers [FN5] and the listing of every conceivable object, ensured that few companies were restricted in their activities. The courts did make some early attempts to resist this expansion of capacity [FN6] but soon gave way, most notably of late in Rolled Steel Products (Holdings) Ltd. v. British Steel Corporation. [FN7] Even if the draftsman through some oversight had not given a company sufficient capacity, parliamentary assistance was at hand in the shape of section 9 of the European Communities Act 1972, now section 35 of the Companies Act 1985,
Marine Blast v. Targe Towing Limited, Scheldt Towage Company.
Marine Blast v. Targe Towing Limited, Scheldt Towage Company 2003/1335 Court of Appeal (Civil Division) CA Before: Lord Justice Mance Monday, 8th December 2003 On Appeal from Central London County Court (His Honour Judge Hallgarten QC) Representation Mr. A. Parsons (instructed by Messrs Holman Fenwick Willan,London, EC3) appeared on behalf of the Applicant. Mr. S. Croall (instructed by Messrs BPE, Cheltenham) appeared on behalf of the Appellants. JUDGMENT LORD JUSTICE MANCE: . This is an application for security for costs of the appeal, made somewhat late in the day, although not a great deal has been made of that in oral submissions before me. It is made pursuant to CPR 25.13(2)(c) on the basis that the appellant is a company in respect of which there is reason to believe that it will be unable to pay the defendants' costs if ordered to do so. In those circumstances, that condition being satisfied, the court has jurisdiction under subparagraph (1) to make an order for security for costs if it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order. 2. The main argument has been whether that condition is satisfied, although questions of discretion have also been touched on, particularly by the applicant (the respondent to the appeal) in anticipation of argument being directed to that issue. In the event, the main
Company Law Essay. S.741 (1) defines a director as including any person occupying the position of director by whatever name
Company Law Essay. S.741 (1) defines a director as including any person occupying the position of director by whatever name called. Directors owe a fiduciary duty that is the duty of loyalty to the companyi. This means that Directors must act bonafidely for the benefit of the company as a whole and for their proper purposes. Hugo, Camilla and Timothy are the directors of Rancid Ltd. They decide to allot new shares in order to reduce the risk of takeover by Butties Ltd and also to provide the company with capital which the company needs. Directors must act bonafidely for the benefit of the company and for no other collateral purpose such as benefit to themselves. In Regentcrest Ltd v Cohenii, it was made clear that the test was subjective that is it is what the directors honestly think is for the benefit of the company not what the court thinks. The courts in Collin Gwyer & Associates v London Wharf (Limehouse) Ltdiii asserted the fact that where the directors personal interest gets interwoven with that of the company, then we have to examine it far more carefully. The question to ask is if an intelligent man and honest person in the director's position would have reasonably believed that it was for the benefit of the company. Directors have to exercise their powers for the benefit of the company as well as for the purpose for which the power was given. In the case of
UK Commercial Law has responded well to the needs of the international business community by facilitating international trade. Analyse
"UK Commercial Law has responded well to the needs of the international business community by facilitating international trade". Analyse. Through the course of this essay it will be shown that the above statement can be partially supported and disagreed with. On the one hand it is true to say that UK Commercial Law facilitates international trade by having straightforward rules that are strictly applied by the English courts in relation to "free on board" and "cost, insurance and fright" contracts. On the other hand such treatment did not follow as a response to the needs of the international business community. This hypothesis will be proved by outlining the needs of the international business community. Followed by an outline of the rules and duties applicable to the seller and buyer under both "free on board" and "cost, insurance and freight" contracts. The examination will include the relevant case law, Acts of Parliament and Conventions. Lastly, some criticisms and analysis of problems, if they exist, that arise with interpreting and consequently applying international trade terms in relation to FOB and CIF contracts under Convention of Contracts for the International Sale of Goods 1980, Hague-Visby Rules 1924, the Sale of Goods Act 1979 and the Carriage of Goods by Sea Act 1971 and 1992, will be presented. First of all it is important to outline the needs of the